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Saint Charles Litigation Attorneys | Civil Litigation Lawyers, Saint Charles IL

Saint Charles Litigation Attorneys | Civil Litigation Lawyers, Saint Charles IL

Our Saint Charles litigation attorneys have the expertise to acheive an efficient and favorable resolution in your case in a cost-effective manner.

Our Saint Charles litigation attorneys have the expertise to acheive an efficient and favorable resolution in your case in a cost-effective manner.

Your Community Law Firm

Why O'Flaherty Law for My

Civil Litigation

Matter?

Saint Charles litigation attorney Kevin O'Flaherty explains how to pick a lawyer for your civil litigation matter.

  • We Are Cost-Conscious And Cost-Effective!  Our goal is to earn you a cost-effective favorable resolution to your case. 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 work aggressively but efficiently to minimize the expense of each stage in the process.  
  • We Put Your Interests First!  We are prepared to aggressively pursue or defend or prosecute your case.  However, because 95% of cases settle before trial, we work with an eye toward a favorable settlement at all times.   It is in your best interest to have a speedy and favorable resolution to your case without expending significant attorneys fees, and, because we put your interests first, this is our goal.  
  • We Are Your Aggressive Advocate!  Our team of Saint Charles 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.     

Some of Our Accomplishments

Schedule a Free Consultation With Our

Saint Charles Civil Litigation Attorneys

civil attorney saint charles il

Please contact our friendly

Saint Charles 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

civil lawyer Saint charles illinois

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 and Articles by our Saint Charles Litigation Attorneys

saint charles civil attorney

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
Saint charles civil lawyer

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

Saint Charles litigation lawyers

Saint Charles litigation lawyer Kevin O'Flaherty explains written discovery in Kane County civil litigation.

Saint Charles litigation lawyers

In this article, our Saint Charles litigation attorneys explain the written discovery process in civil disputes. Early in a litigation case, each party generally sends a list of requests for information and documents to the other side.  These are known as interrogatories and requests for production of documents. If the requests are issued to a third party who is not a party to the case they are called subpoenas.  The parties may also request that one another admit or deny certain facts in order to narrow the issues for trial.

Read the full article by our Saint Charles civil litigation attorneys explaining the written discovery process in Saint Charles litigation.

Motions for Summary Judgment in Kane County Civil Disputes

In this article, our Saint Charles civil litigation attorneys explain motions for summary judgment. The purpose of a trial is to have a jury or the judge decide which party's version of the facts is true. However, oftentimes, the parties don't disagree on the underlying facts, but instead on how the law should be applied to those facts. In these cases, a motion for summary judgment requests the court to rule on the matter without a trial by applying the law to the undisputed facts that are already in the record through affidavits, written discovery or depositions.

Read the full article by our Saint Charles litigation lawyers explaining motions for summary judgment.

Saint Charles civil lawyer Kevin O'Flaherty explains motions for summary judgment in Kane County civil litigation.

civil litigation attorney saint charles illinois

In this article, our Saint Charles civil litigation attorneys explain motions for summary judgment. The purpose of a trial is to have a jury or the judge decide which party's version of the facts is true. However, oftentimes, the parties don't disagree on the underlying facts, but instead on how the law should be applied to those facts. In these cases, a motion for summary judgment requests the court to rule on the matter without a trial by applying the law to the undisputed facts that are already in the record through affidavits, written discovery or depositions.

Read the full article by our Saint Charles litigation lawyers explaining motions for summary judgment.

Contempt of Court in Kane County Civil Litigation

Saint Charles civil attorney Kevin O'Flaherty explains contempt of court in litigation cases.

Saint Charles litigation lawyers
civil litigation lawyer Saint charles il

In this article, our Saint Charles civil litigation lawyers explain contempt of court. In civil cases, judges will often order parties to take certain actions, such as personally appear in court or respond to written discovery by a certain date. If a party fails to comply with a court order, the other party may file a Petition for Rule to Show Cause, which asks the court to hold the other party in contempt. This usually will lead to a fine if the respondent fails to promptly comply with the court's order.

Read the full article by our Saint Charles litigation attorneys explaining contempt of court in civil litigation.

Further Reading from our

Saint Charles Civil Litigation Attorneys

saint charles civil litigation attorney