LAWSUITS INVOLVING SETTING ASIDE TRANSFER ON DEATH DEEDS AND LAST WILL AND TESTAMENTS, ISSUES WITH RESPECT TO THE WAY A DEED IS DRAFTED OR RECORDED, OR THE MANNER IN WHICH A WILL IS PREPARED OR EXECUTED, INCLUDING WHETHER OR NOT PURPORTED WITNESSES PHYSICALLY SAW A PERSON SIGN A DEED OR A WILL. A WITNESS HAS TO BE PHYSICALLY PRESENT, AND CANNOT SIGN AFTER THE FACT, AND THE WITNESS HAS TO HAVE ACTUALLY SEEN THE PERSON SIGN, WHICH MAY OR MAY NOT BE THE CASE BASED ON FACTS AND CIRCUMSTANCES, NEOGA, CUMBERLAND COUNTY, MARSHALL, CLARK COUNTY, MATTOON, COLES COUNTY, ILLINOIS

LAWSUITS INVOLVING SETTING ASIDE TRANSFER ON DEATH DEEDS AND LAST WILL AND TESTAMENTS, ISSUES WITH RESPECT TO THE WAY A DEED IS DRAFTED OR RECORDED, OR THE MANNER IN WHICH A WILL IS PREPARED OR EXECUTED, INCLUDING WHETHER OR NOT PURPORTED WITNESSES PHYSICALLY SAW A PERSON SIGN A DEED OR A WILL. A WITNESS HAS TO BE PHYSICALLY PRESENT, AND CANNOT SIGN AFTER THE FACT, AND THE WITNESS HAS TO HAVE ACTUALLY SEEN THE PERSON SIGN, WHICH MAY OR MAY NOT BE THE CASE BASED ON FACTS AND CIRCUMSTANCES, NEOGA, CUMBERLAND COUNTY, MARSHALL, CLARK COUNTY, MATTOON, COLES COUNTY, ILLINOIS

There can be a multitude of issues in regard to a Transfer on Death deed, including, but not limited to, where it came from, who prepared it, was it altered or changed, the circumstances of the signature, how it was drafted, who signed it, who witnessed it, whether or not the witnesses were physically present when it was signed, what the witnesses attested to, whether or not there was a notary, facts surrounding the notary, what the notary did or did not do and other issues. There can be issues in regard to duress or whether or not the person signing was under any stress. There can be issues in regard to undue influence, including whether or not a person was pressured into signing something they did not completely understand or agree with. There can be issues in regard to mental capacity, including whether or not a person was under the influence, or had medical conditions, or was taking medicines which impacted their ability to understand what they were being requested to do. There can be issues in regard to tortious interference with an inheritance expectancy, including long-standing estate plans, such as wills or trusts, which may provide for equal distribution to children, only to have the long-standing estate planning documents abrogated, or cancelled or nullified, as a result of subsequent acts, transfers, or gifts, including, but not limited to, re-registrations of assets as joint tenancy and/or beneficiary or payable on death designations that were not fully understood and/or did not meet with the intentions of the elderly person.
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