The case of a record-setting unclaimed Cook County, Illinois, estate took an unusual turn in the summer of 2023 when a will purported to belong to the decedent surfaced. Seven years after the death of a man in Gage Park, a petition was filed with the court asking for the admission of his alleged last will and testament. Numerous questions surround the validity of the will, however, which may leave room for challenges.
Talking about death and preparing for that eventuality is difficult for many. However, should they pass away without making their wishes known to family, friends, or a personal representative, it will make the probate process more complicated for those left behind. If your loved one passed died without a will, or others have put forth estate planning documents you question, call Roger Stelk, 847-506-7330.
What Happens When an Estate Is Unclaimed?
When people in Illinois die without wills in place, responsibility for their estates falls to the state. As such, the state will attempt to locate legal heirs. Distributing assets without a will to located heirs is then handled in accordance with the inheritance laws.
With the Gage Park man’s estate going unclaimed, it made international headlines when the Illinois state treasurer shared the details of the case publicly. Following protocols, a search was initiated for the decedent’s next of kin. More than 119 people around the world were found to be distant relatives of the man, entitling them to shares of his estate.
Preparations were underway to send checks distributing the sizeable estate to the man’s discovered distant relatives when a will alleged to be his last will and testament was submitted to the court. The judge overseeing the case admitted the will as evidence. As such, the estate will be distributed in accordance with its specifications, unless the discovered heirs choose to challenge the case. To make that decision, they may consult with the probate attorney who had been appointed the administrator for the estate.
Legal Challenges in Probate Cases
Some estates, unclaimed and with wills in place, pass easily through probate. Others, however, face challenges that delay the process of distributing a decedent’s assets and settling his or her final affairs. Some of the most common causes of challenges in probate cases include those based on the validity of wills, disagreements about inheritances, or creditor disputes.
How long do you have to file for probate after death? Except under rare exceptions, those with legal interests in Illinois probate cases have up to six months to file a challenge. To this end, they must submit a petition to the court that outlines the reasons for the contest. During the discovery and pre-trial phases, they will gather evidence and witness statements, and may engage in court-ordered mediation. A judge or jury will review the court filings, and consider evidence and arguments from both sides before deciding whether to allow the case to continue through probate as usual or to distribute the estate according to the state’s intestacy laws.
Questioning the Authenticity of a Will
In some cases, questions may surround the validity of wills submitted to the court. People may question the authenticity of a will for varying reasons, including on the grounds that the decedent was mentally sound when the document was created, that someone else pressured or coerced the decedent into creating or signing the will, or that the document was not appropriately executed.
The distant relatives of the Gage Park man who stood to inherit from his estate now have the opportunity to challenge the will. Numerous questions surround the document, which left the entirety of the man’s estate to Smart Kids Child Care Inc. and Asad Mahmood, the company’s president.
Legal representatives for Mr. Mahmood assert that two copies of the will existed, one that went to their client’s company and the other that went to the probate administration lawyer who drafted the document. The lawyer, however, passed away shortly after the document was signed. The lawyer’s copy has yet to be located, and the Smart Kids Child Care copy was not produced until after the case made international news, raising questions about its authenticity.
In addition to the timing of the will’s submission to the court, there are also concerns regarding the quality of the document’s drafting, the decedent’s connection to the company, the company itself, and the decedent’s signature on the document.
Who Can Challenge a Will?
Illinois state law allows those with financial interests in the estate who would be negatively affected by the validity of a will to initiate challenges. For example, those who may have legal standing include close relatives of the deceased who would inherit under the intestacy laws, beneficiaries named in previous wills, and creditors owed money.
As they stood to inherit from the sizeable estate, the man’s distant relatives located through the probate search may choose to challenge the validity of the newly admitted will.
Disagreeing About Inheritances
Disagreements over inheritances also commonly lead to legal challenges in probate cases. When someone dies without a will and the state’s intestacy laws determine the distribution of the estate, family members sometimes disagree about who inherits what. Alternatively, if they stood to inherit in a previous will, and a new will disinherits them or leaves them less than they might receive through intestacy, those with legal standing may raise challenges.
Contesting Claims
Sometimes an estate may have the funds needed to cover the debts. However, a will may prioritize distributing assets to beneficiaries before settling other affairs. For example, through a living will vs. trust or some other estate planning mechanism, people may seek to pass off as much of their property and assets to heirs as possible. In such cases, the creditors may challenge the will for the opportunity to recover what they’re owed.
If you stood to inherit from the estate of a deceased relative, but a questionable will, or other such situation exists, contact us to discuss your options for a legal challenge.
