Probate & Trust Litigation


Illinois Probate and Trust Litigation Attorney

When you develop an estate plan or create a trust, you are likely expecting that your loved ones or the executor of your estate will not have any legal problems related to your will or with regard to any existing trusts. However, unexpected events can result in challenges to wills and other issues that result in probate and trust litigation. In some cases, family members become involved in personal disputes that extend to will and trust issues, and to probate matters. In other cases, family members collectively have concerns about a trustee’s duties and fears that there has been a breach of a fiduciary duty. And in yet other cases still, this type of litigation can result from a contested guardianship matter.

No matter what type of legal issue you are facing with regard to probate and trust litigation, it is important to work with an experienced Illinois probate and trust litigation lawyer. These cases are extremely complex, and they often become especially antagonistic and combative when family members are in disagreement with one another.

Common Causes for Contested Estates and Litigation

When litigation arises out of a will, trust, or other estate planning document or tool after a person dies, we commonly refer to the deceased’s estate as a contested estate. Most contested estates issues arise under the Illinois Probate Act of 1975 (755 ILCS 5/). There are many different reasons that estate planning tools like a will or a trust can be challenged, but some of the most common causes for probate and trust litigation include the following:

  • Contesting the will;
  • Assets missing from the deceased’s estate;
  • Assets wrongfully taken from the deceased’s estate;
  • Trustee breach of fiduciary duty;
  • Joint tenancy or ownership disputes;
  • Claim against the estate unrelated to the distribution of assets;
  • Missing assets from a trust or problems with trust accounting;
  • Vague or otherwise unclear language in a will or a trust; and
  • Guardianship litigation issues.

 
probateThe above are just some examples of matters that can lead to probate and trust litigation. When you have a legal issue that will require litigation, it is important to have an aggressive Illinois probate and trust litigation attorney on your side with experience in the courtroom. Probate and trust disputes involving family members can become particularly contentious, and it will be essential to have an advocate on your side throughout this complicated process.

Routine and Contested Guardianship Matters

As we noted above, one common reason for probate and trust litigation is a contested guardianship issue. Most often, contested guardianship matters concern who will serve as a guardian for an elderly adult who is incapacitated or for a disabled adult, or guardianship of a minor child of the deceased.

Both routine and contested guardianship matters are governed by the Illinois Probate Act of 1975.

Contact an Illinois Probate and Trust Litigation Lawyer

If you need assistance with litigation in a probate or trust matter, an experienced probate and trust litigation attorney can assist you. Our advocates have particular experience serving elderly clients, and we set ourselves apart from other firms by traveling to nursing home and assisted-living facilities to have clients sign documents when those clients are unable to travel to us. Contact Harold W. Conick & Associates Ltd. today at (800) 608-8881 to learn more about how we can assist with your probate and trust litigation matter.