Probate Litigation

Are you a beneficiary of an estate in which you believe there have been conflicts, disputes, issues of malfeasance or concerns over the validity of a will? In all of these circumstances, you might need the support of an Illinois probate litigation lawyer. A probate litigation attorney in Illinois can help you decide the most appropriate course of action and give you insight about how to proceed.

The support of an attorney is instrumental in the midst of any legal dispute so that you can be clear about your rights as well as your responsibilities. The right Illinois probate litigation attorney will help to defend your rights in contested estates or probate disputes. You should seek out an attorney with extensive experience in this field so that you can understand the common pitfalls to avoid.

Every party to a probate dispute should equip themselves with education and understanding of the possible issues at play here. Get together with your probate dispute attorney and get a better handle on how this could affect you as a beneficiary.

What to Know About Bringing a Probate Dispute

If you are contesting a trust, will, guardianship arrangement or need to defend yourself against such a contestation, you need an aggressive and knowledgeable lawyer to help you with this process. Even when the person who passed away has completed extensive estate planning, the death of a family member can lead to legal challenges to a trust, will or guardianship. Regardless of whether you are fighting to preserve a will as it currently stands or contesting it, the result of this litigation will have serious ramifications for the entire family. Therefore, it should be handled with care by someone who is familiar with all of these aspects. This is particularly true when a probate litigation case has to do with guardianship of a minor as it could influence their entire life.

Retaining an Attorney

Many difficulties can crop up during the process of probate that can lead to litigation. Regardless of the point of contention in question, it is usually legally complex and can be confusing for people who are stakeholders in the estate. Only certain grounds enable a person to contest a will, including allegations that the will was legally invalid or that the decedent crafted the will under duress or was not in their right mind at the time they signed it. Deciding the grounds available to you to contest a will and the next steps to go about this can be extremely complicated. However, a lawyer with experience in estate litigation law will be able to advise you about the strategies available to you. You don’t want a lack of knowledge or a common mistake regarding the legal complexities of will contests and other type of probate litigation to affect you. A lot is on the line in these matters and you want to have a person who is going to fight hard on your behalf.

Kinds of Probate Litigation Issues

Many different issues can arise during the probate process some of which can lead to legal conflicts or disputes that further delay the administration of assets inside the estate. You need a probate litigation attorney in Illinois who is familiar with all aspects of estate, probate and trust litigation, including:

  • Trust contests
  • Total return trusts
  • Breach of fiduciary duty
  • Lack of mental capacity
  • Citations to recover and discover assets
  • Trust construction
  • Will construction
  • Removal of executor trustee or agent
  • Theft or improper withdrawals

These can also lead to many complex aspects to be handled in the court and you need to be prepared for the factors that a judge will evaluate in deciding whether or not the case should move forward. In all of these circumstances, you must educate yourself and retain the services of a trusted attorney to guide you through.

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