DuPage Divorce Attorney

Kane County Litigation Attorneys | Civil Litigation Lawyers, Kane County IL

Kane County Litigation Attorneys | Civil Litigation Lawyers, Kane County IL

Our Kane County litigation attorneys have the skill and experience you need to put you in the best position to favorably resolve your civil dispute. Our Kane County civil litigation lawyers are proud of hour responsiveness and accessibility as well as our cost-effective rates.

Our Kane County litigation attorneys have the skill and experience you need to put you in the best position to favorably resolve your civil dispute. Our Kane County civil litigation lawyers are proud of hour responsiveness and accessibility as well as our cost-effective rates.

Your Community Law Firm

Why O'Flaherty Law for My

Civil Litigation

Matter?

In this video, Kane County litigation attorney Kevin O'Flaherty describes why O'Flaherty Law is the best choice for your civil litigation matter.

  • We Are Conscious of Your Budget! We work aggressively but efficiently to minimize the expense of each stage in the process, and we treat the client's money as if it were our own.  We do not surprise our clients with unexpected bills, and instead, before accruing any fees, we allow you to make an educated decision with respect to the costs of each step in the dispute resolution & litigation process.    
  • We Will Be Your Aggressive Advocate!  Our team of Kane County civil litigation attorneys has made a name for ourselves representing the "little guy" against powerful corporations.  We have handled class action suits in Federal Court as well as appeals and multi-state litigation.  No case is too big, and we are prepared to take on and defeat powerful adversaries.   
  • We Put Your Interests First! At O'Flaherty Law, our goal is not to make our firm money off of your case, but instead to have you walk away feeling like you got a good resolution at a fair price.  Many litigation attorneys are content to let cases drag out and "bill the file," but we realize you are a person, not a file, and we want you to have a lifelong relationship with our firm, so we are prepared to aggressively pursue or defend your case.

Some of Our Accomplishments

Schedule a Free Consultation With Our

Kane County Civil Litigation Attorneys

kane county civil attorney

Please contact our friendly

Kane County Civil Litigation Attorneys

at our nearest location to schedule a free consultation:

O'Flaherty Law of Saint Charles

210 S Fifth St, Ste. 107B
St. Charles
,
IL
60174
Get Directions

See below for our other locations. If our office locations are not convenient for you, we are happy to speak with you by phone.  ​​​

Hours: 9 am - 5 pm Mon - Fri

Our  Office Locations: 

Downers Grove Attorneys, Downers Grove Attorney, Downers Grove Lawyer, Downers Grove Lawyers

Downers Grove

5002 Main St, Ste. 201 Downers Grove, IL 60515

Naperville Attorney, Naperville Attorneys, Naperville Lawyers, Naperville Lawyer

Naperville

105 Jackson Avenue, Ste. 4b Naperville, IL 60540

Elmhurst Lawyer, Elmhurst Lawyers, Elmhurst Attorneys, Elmhurst Attorney

Elmhurst

​110 E. Schiller Street, Ste. 220B ​Elmhurst, IL 60126

Lake in the Hills Attorneys, Lake in the Hills Attorney, Lake in the Hills Lawyer, Lake in the Hills Lawyers

Lake in the Hills

8411 Pyott Road, Ste. 107, ​Lake in the Hills, IL 60156

Tinley Park Attorney, Tinley Park Attorneys, Tinley Park Lawyer, Tinley Park Lawyers

Tinley Park

​16557 Oak Park Avenue, Ste. B, Tinley Park, IL 60477

St. Charles Attorneys, St. Charles Lawyers, St. Charles Attorney, St. Lawyer

St. Charles

210 S Fifth St, Ste. 107B, St. Charles, IL 60174

kane county civil lawyer

Meet Our Owner

Kevin O'Flaherty oversees all legal matters and is actively involved in making sure every client's case, big or small, is handled with excellence and attention to detail. He is available to contact through phone and email and his rates are available upon request.

Here's What Our Clients Have to Say:

John Paul Clancy
Says...

"Kevin and his firm, O'Flaherty Law, are friendly, efficient, knowledgeable and professional. Kevin is a master at bringing people together and sharing ideas."

Kevin Sender
Says...

"Kevin O'Flaherty and his team at O'Flaherty Law are among the friendliest and easiest to work with attorneys I've dealt with. I would suggest them to any friends or business associates."

Kevin O'Flaherty was instrumental during the purchase process of my new house. I highly recommend him and the entire firm!

An excellent client experience, I recommend O'Flaherty Law to all of my clients that have a need for consultation in family law.

DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
John Paul Clancy
Says...
"Kevin and his firm, O'Flaherty Law, are friendly, efficient, knowledgeable and professional. Kevin is a master at bringing people together and sharing ideas."
DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
Kevin Sender
Says...
"Kevin O'Flaherty and his team at O'Flaherty Law are among the friendliest and easiest to work with attorneys I've dealt with. I would suggest them to any friends or business associates."
DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
Mike Stehlik
Says...
"Kevin and his team are my "Go To" resource for clients that need estate planning"
Kevin Koc
Says...
Kevin O'Flaherty was instrumental during the purchase process of my new house. I highly recommend him and the entire firm!
Stephen Petersen
Says...
An excellent client experience, I recommend O'Flaherty Law to all of my clients that have a need for consultation in family law.
Troy Golden
Says...
Kevin is an excellent attorney. He helped me incorporate by business and provides legal counsel as need. I highly recommend him.

Click here for Videos, Podcasts, and Articles by our Kane County Civil Litigation Attorneys

civil attorney kane county illinois

Or Continue Scrolling Below to Browse some of our Most Helpful Articles

Illinois Trust Administration: Selling Real Estate

In this episode of Learn About Law, we explain the responsibilities of a trustee when selling real estate after a loved one passes away. Have any questions that weren't answered here? Let us know in the comment section! Subscribe: https://www.youtube.com/channel/UCY4Q...

If you are a trustee responsible for the administration of a trust after the passing of a loved one, you have a fiduciary duty to act in the best interest of the beneficiaries of the trust, within the limitations and instructions laid out by the trust document.  

If a trust is in place and estate planning has been done properly prior to the death of the grantor of the trust, it should not be necessary to open a probate estate.  However, if the beneficiaries disagree with the actions of the trustee, the beneficiaries may open a probate case and seek to make the trustee personally liable for mismanaged assets of the estate.  

Trustee responsibility is fairly cut and dry when dealing with liquid assets like a checking account.  However, the trustee's responsibility becomes more complicated when dealing with non-liquid assets like real estate.  

When real estate is present in an estate, the trustee must first decide whether to transfer the real estate to one of the beneficiaries.  This will usually result in a reduction of the share that the beneficiary is due from the remainder of the estate's assets or a payment from the beneficiary to the estate for the value of the home.  An alternative to an insider transfer is to sell the real estate on the open market and distribute the proceeds among the beneficiaries.  

Regardless of what is to become of the real estate, I recommend that the trustee seek written approval from all of the beneficiaries of the trust prior to the transaction.   In the absence of this written approval, one or more of the beneficiaries may later claim that the real estate was sold to a third party or transferred to one of the beneficiaries for less than market value.   The beneficiary could then open a probate case and seek to hold the trustee personally liable for breach of fiduciary duty.  

For example, if the market value of a home is $400,000.00 and the Trustee sells it for $300,000.00, whether to a third party or to an insider, the trustee may be personally liable for the $100,000.00 difference between market value and sale price.  However, if the trustee has received written agreement from the beneficiaries prior to the sale, the trustee will be able to rest easy knowing that she is protected from any future liability. 

Read More
civil lawyer kane county il

If you are a trustee responsible for the administration of a trust after the passing of a loved one, you have a fiduciary duty to act in the best interest of the beneficiaries of the trust, within the limitations and instructions laid out by the trust document.  

If a trust is in place and estate planning has been done properly prior to the death of the grantor of the trust, it should not be necessary to open a probate estate.  However, if the beneficiaries disagree with the actions of the trustee, the beneficiaries may open a probate case and seek to make the trustee personally liable for mismanaged assets of the estate.  

Trustee responsibility is fairly cut and dry when dealing with liquid assets like a checking account.  However, the trustee's responsibility becomes more complicated when dealing with non-liquid assets like real estate.  

When real estate is present in an estate, the trustee must first decide whether to transfer the real estate to one of the beneficiaries.  This will usually result in a reduction of the share that the beneficiary is due from the remainder of the estate's assets or a payment from the beneficiary to the estate for the value of the home.  An alternative to an insider transfer is to sell the real estate on the open market and distribute the proceeds among the beneficiaries.  

Regardless of what is to become of the real estate, I recommend that the trustee seek written approval from all of the beneficiaries of the trust prior to the transaction.   In the absence of this written approval, one or more of the beneficiaries may later claim that the real estate was sold to a third party or transferred to one of the beneficiaries for less than market value.   The beneficiary could then open a probate case and seek to hold the trustee personally liable for breach of fiduciary duty.  

For example, if the market value of a home is $400,000.00 and the Trustee sells it for $300,000.00, whether to a third party or to an insider, the trustee may be personally liable for the $100,000.00 difference between market value and sale price.  However, if the trustee has received written agreement from the beneficiaries prior to the sale, the trustee will be able to rest easy knowing that she is protected from any future liability. 

Read More

Written Discovery in Kane County Civil Litigation Explained

kane county litigation lawyer

Kane County civil attorney Kevin O'Flaherty explains the written discovery process in civil litigation.

kane county litigation lawyer

In this article, our Kane County litigation lawyers explain the written discovery process in civil disputes. Written discovery consists of interrogatories, requests for production of documents, and requests for the admission of facts. Written discovery is intended to allow both parties to other stand the other sides positions, arguments, and evidence in order to narrow the scope of issues that have to be tried, allow both sides to prepare for depositions and trial, and facilitate settlement.

Read the full article by our Kane County civil litigation lawyers explaining written discovery in Kane County civil disputes.

Motions for Summary Judgment in Kane County Litigation

In this article, our Kane County litigation attorneys explain the functions of motion for summary judgment in civil disputes. Trials before a jury or judge are only necessary to resolve factual disputes between the parties. If there are no factual disputes that are key to the case, then the case may be resolved without a trial.  A motion for summary judgment asserts that no genuine factual disputes exist and the movement is entitled to judgment in his or her favor without the expense of a trial.

Read the full article by our Kane County civil ligitigation attorneys explaining motions for summary judgment in civil disputes.

Kane County civil litigation attorney explains motions for summary judgment.

kane county civil litigation attorney

In this article, our Kane County litigation attorneys explain the functions of motion for summary judgment in civil disputes. Trials before a jury or judge are only necessary to resolve factual disputes between the parties. If there are no factual disputes that are key to the case, then the case may be resolved without a trial.  A motion for summary judgment asserts that no genuine factual disputes exist and the movement is entitled to judgment in his or her favor without the expense of a trial.

Read the full article by our Kane County civil ligitigation attorneys explaining motions for summary judgment in civil disputes.

Motions to Dismiss in Kane County litigation

Kane County litigation lawyer Kevin O'Flaherty explains motions to dismiss.

kane county litigation lawyer
kane county civil litigation lawyer

In this article, our Kane County civil attorneys explain motions to dismiss in Kane County litigation. The first step in a civil case is for the plaintiff to file a complaint alleging facts that amount to a cause of action that would entitle the plaintiff to monetary or other remedies from the defendant.  A motion to dismiss asserts that the complaint fails to allege facts amounting to a cause of action, and that therefore the case should be dismissed in its early stages.

Read the full article by our Kane County civil litigation attorneys explaining motions to dismiss.

Our Kane County litigation lawyers are happy to meet with you in Aurora, Elgin, Hoffman Estates, Bartlett, Carpentersville, St. Charles, Algonquin, Batavia, Huntley, South Elgin, Geneva, Montgomery, North Aurora, Campton Hills, Sugar Grove, West Dundee, Gilberts, Hampshire or any other location convenient to you.

Further Reading from our

Kane County Civil Litigation Attorneys

civil litigation lawyer kane county illinois