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? A Illinois probate litigation lawyer can help you decide the most appropriate course of action and give you insight about how to proceed. Every party to a probate dispute should equip themselves with education and understanding of the possible issues at play here. A probate dispute is any disagreement that develops during the process estate administration. If the dispute cannot be settled out of court through negotiation, it can lead to full blown litigation. Note that the rules related to the settling of an estate in Illinois are found in 755 ILCS 5/6-1 et seq.
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 aggressive and knowledgeable representation 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 Illinois Probate Litigation Lawyer
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, an probate litigation attorney in Illinois 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 serving 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.