SETTING ASIDE JOINT TENANCIES, OBJECTING TO BENEFICIARY DESIGNATIONS, CHALLENGES TO BENEFICIARY DESIGNATIONS REGARDING LIFE INSURANCE, ASSETS SYPHONED OFF FROM THE ESTATE, TAKEN ADVANTAGE OF AN ELDERLY OR VULNERABLE PERSON, BELLEVILLE, ST. CLAIR COUNTY, ILLINOIS LAW FIRM INVOLVED IN ISSUES CONCERNING EXPLOITATION OF THE ELDERLY, ELDER ABUSE, CIVIL AND CRIMINAL ACTIONS RELATING TO THE ELDERLY, WILL DISPUTES, TRUST CONTEST, ESTATE CLAIMS AND LITIGATION, A FREQUENT FACT PATTERN CAN BE THE FOLLOWING. AN ELDERLY PERSON MAKE WHAT THEY BELIEVE TO BE THEIR LAST WILL AND TESTAMENT OR TRUST EITHER ATTEMPTING TO AVOID PROBATE OR AN IRREVOCABLE TRUST SOMETIMES TO TREAT MULTIPLE CHILDREN IN THE SAME MANNER, THAT IS, IN REGARD TO ESTATE PLANNING DOCUMENTS EACH CHILD RECEIVES AN IDENTICAL SHARE. HOWEVER, SOMETIMES AFTER ESTATE PLANNING DOCUMENTS ARE IN PLACE, THEN JOINT TENANCIES ARE ESTABLISHED, OR BENEFICIARY DESIGNATIONS ARE MADE OR CHANGED, WITH THE RESULT BEING THAT CERTAIN ASSETS BYPASS THE ESTATE PLAN THAT WAS ESTABLISHED AND CERTAIN ASSETS MAY FLOW IN DISPORPORTIONATE PORTIONS TO CERTAIN CHILDREN OR BENEFICIARIES, BUT NOT OTHERS. SOMETIMES THE RESULT IS EXACTLY WHAT THE ELDERLY PERSON INTENDED. SOMETIMES THE RESULT IS NOT EXACTLY WHAT THE ELDERLY PERSON INTENDED. SOMETIMES THERE ARE CLAIMS OR DURESS, UNDUE INFLUENCE, LACK OF MENTAL CAPACITY OR TORTIOUS INTERFERENCE WITH AN INHERITANCE EXPECTANCY WITH THE CLAIM BEING BUT FOR WRONGFULLY CONDUCT THERE SHOULD HAVE BEEN MORE IN THE ESTATE FOR PURPOSES OF DISTRIBUTION PURSUANT TO THE ESTATE PLANNING DOCUMENTS OF THE DECEDENT. AVAILABLE TO REPRESENT CLIENTS FROM PIATT COUNTY, MONTICELLO, BEMENT AND CERRO GORDO, MENARD COUNTY, ATHENS, PETERSBURG AND GREENVIEW, ADAMS COUNTY, QUINCY AND CAMP POINT, ILLINOIS.
In some situations, after a person dies, and estate planning documents are reviewed, facts may be discovered, that were not previously known to all beneficiaries or heirs, in regard to certain persons being given preferential treatment whether with respect to joint tenancy assets or payable upon death or beneficiary designated assets. Sometimes this is what the elderly person intended. Sometimes it is not. In some situations, all heirs and beneficiaries knew what occurred prior to the death of the decedent. In some situations what occurred prior to the death of the decedent is not discovered, revealed or exposed until after the death of the decedent.