Kevin's firm handled setting up my will and trust recently. They took something that seemed intimidating and made it easy to understand. I've also referred a couple clients to Kevin - he's trustworthy, approachable and very fairly priced.
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Our Naperville probate litigation attorneys and Naperville contested estate lawyers understand that probate cases need to be handled with experience and care in a timely manner. We are proud of our affordable rates, so you receive the help you need without adding too much to your financial plate. Let us help you take care of any probate dispute, claims or litigation, so you can put your mind at ease.
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In this article, our Naperville probate litigation lawyers explain Illinois probate claims.
In probate cases, the administrator or executor of the estate is responsible for utilizing the assets of the deceased to pay for any liabilities of the state. If someone has a cause of action against the estate, they can file a claim against the estate. In this article, our Naperville probate claims attorneys explain the deadline to file a probate claim and how to file a claim.
Read the full article by our Naperville probate claim attorneys.
In this article, our Naperville probate litigation attorneys explain the Illinois Dead-Man's Act in contested estates.
The Illinois Dead-Man’s Act is a statute that prevents parties to litigation from testifying about their own conversations with a deceased person if that conversation would provide evidence beneficial to the party testifying. This article explains how this act affects probate dispute cases and some exceptions to the act.
Find out more about contested estates from our Naperville probate dispute attorneys.
In this article, our Naperville contested estate lawyers explain formal proof of will hearings in Illinois probate litigation.
A formal proof of will hearing requires the executor of the estate to present testimony of the witnesses to the will to prove that the will was properly executed. There is a difference between proof of will hearings and will contests, and this article explains those differences along with what happens at the formal proof of will hearing. Our Naperville probate litigation, disputes & claims attorneys explain from the deadline to the purpose of the hearings.
Probate litigation involves legal disputes arising during the probate process — the court-supervised administration of a deceased person's estate. Common probate litigation matters include: will contests (challenging the validity of a will based on lack of capacity, undue influence, or fraud); trust disputes (challenging the terms or administration of a trust); breach of fiduciary duty claims against an executor or trustee who mismanages estate assets; creditor claim disputes; elective share claims by a surviving spouse who was left out of or inadequately provided for in a will; and disputed heirship in cases without a valid will (intestacy disputes). Probate litigation in DuPage County is handled in the circuit court, and disputes can significantly delay the distribution of assets. Contact our Naperville probate litigation attorneys.
Executors and trustees owe a fiduciary duty to the beneficiaries of an estate or trust, meaning they must act in the beneficiaries' best interests with undivided loyalty and prudence. Breaches of fiduciary duty can include: self-dealing (using estate assets for personal benefit); failing to distribute assets in a timely manner; failing to account for assets or provide required accountings; making imprudent investments; failing to notify beneficiaries of their rights; or misappropriating funds. If a beneficiary suspects breach of fiduciary duty, they may petition the court to surcharge the executor or trustee (requiring them to reimburse the estate for losses), remove and replace the executor or trustee, and recover damages. An experienced probate litigation attorney can investigate and pursue these claims. Contact our Naperville probate litigation attorneys.
Yes — a will can be contested in Illinois, but only on specific legal grounds. The most common grounds for a will contest are: lack of testamentary capacity — the testator (the person who made the will) lacked the mental capacity to understand the nature of making a will, the extent of their property, or who their heirs are; undue influence — another person exerted excessive pressure on the testator, overcoming their free will in how the estate was distributed; fraud — the testator was deceived into signing the document; and improper execution — the will was not signed and witnessed according to Illinois law. A will contest must be filed within the time allowed under Illinois probate law (generally within 6 months of the will being admitted to probate). Will contests are complex and require strong evidence. Learn more from our Naperville will contest attorneys.