Our DuPage trust litigation attorneys will aggressively represent your interests in your trust dispute with affordable fees and excellent communication. We understand the importance of your matter. Let us be your advocates so you can have the peace of mind you and your family deserve.
Please contact our friendly
DuPage County Trust Litigation Attorneys
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See below for our other locations. If our office locations are not convenient for you, we are happy to speak with you by phone.
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.
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.
Our DuPage county trust dipute lawyers explain common causes of action in trust litigation.
In this article, our DuPage County trust dispute lawyers explain two common causes of actions in trust litigation. Tortious interference with an expectancy of inheritance is a cause of action claiming that the defendant committed a tortious or illegal act, such as fraud, that wrongly deprived the plaintiff of an expected inheritance. Fraudulent inducement is very similar. In a fraudulent inducement cause of action, the plaintiff is claiming that the defendant made a false statement that caused the deceased individual to distribute his or her assets differently than he or she otherwise would have, damaging the plaintiff. Tortious interference and fraudulent inducement claims are often filed in conjunction with will contests, but, unlike will contests which simply seek to invalidate a will, these causes of action seek damages to be paid by a third party defendant.
DuPage County trust litigation lawyer Kevin O'Flaherty explains undue influence, a common cause of action in trust disputes.
In this article, our DuPage County trust litigation attorneys explain undue influence, a common cause of action in trust disputes. Undue influence can cause a trust to be invalidated when the trustee had his or her will overpowered by the wrongful act of another in the execution of the trust. We explain when the existence of a fiduciary duty gives rise to a presumption that undue influence occurred in the execution of a trust, in what situations a fiduciary duty automatically exists, and the factors that courts consider in determining whether a fiduciary duty exists if the duty is not automatic. Finally we discuss how undue influence can be proven in the absence of a fiduciary relationship.
Our DuPage County trust litigation lawyers explain no contest clauses in Illinois trust disputes and will litigation.
In this article our DuPage trust dispute lawyers explain no-contest clauses in Illinois trusts and wills. A no-contest clause is a clause in a trust or will that states that if any beneficiary of the trust or will challenges the trust or will, they will be disinherited from any benefit they otherwise would have received under the trust or will. No contest clauses cannot actually prevent a trust dispute. They can only provide a disincentive to individuals who are already set to inherit under the trust from disputing the trust in order to inherit more. Illinois case law is divided on the enforceablility of no-contest clauses. Some courts will not enforce no-contest clauses in trusts if the contest was filed in "good faith."