Give us a call (312) 626-2537

Estate Law: Trust and Estate Litigation Process in Chicago

Although estate and probate litigation is similar to other types of civil litigation, there are several key differences that make estate and probate litigation unique. For example, probate proceedings are governed by the Illinois Probate Act. The Probate Act has special time limits related to the filing of claims or actions. Therefore, it is essential that you retain an attorney who understands the unique rules that govern contested estates in probate court as quickly as possible.

If a trust document exists, the beneficiaries of the trust may need an attorney to protect their rights. The beneficiaries of a trust that currently receive income from the trust are generally entitled to a regular accounting or report from the trustee. The accounting should illustrate all trust transactions over a specific period of time. If you find that (1) a trustee is failing to provide you with the information you need in order to understand the business of a trust to which you are a beneficiary, (2) a trustee is devaluing the trust through her negligence, or (3) you need advice regarding protecting your assets from creditor claims, please contact Hays Firm LLC to discuss how we can help.

The Hays Firm also represents Trustees. Many trustees do not realize that they may be held personally liable for improperly handling trust property. If you are currently acting as a trustee and wish to avoid disputes and trust litigation, our firm can counsel you on how to best perform your duties as trustee.

Litigation Services Provided by Hays Firm

  • Reviewing Wills and Trusts
  • Filing all documents and petitions necessary to open a probate estate
  • Filing all documents and petitions necessary to recover assets of an estate that were wrongfully removed
  • Drafting a Trust Account
  • Advising and Consulting a Trustee
  • Filing documents and pleadings to protect assets held in trust.

Hays Firm LLC represents heirs, beneficiaries, and executors in various types of estate and probate-related litigation. If a dispute arises egarding a friend or loved one's assets and you have questions regarding your options, please don't hesitate to contact the firm for a free consultation regarding your situation. You may contact the Hays Firm LLC at (312) 626-2537 or via e-mail.

Recent Articles from our Legal Resources Section

  • trusts

    Tools to Protect Your Loved One Against Elder Abuse

    Tools to Protect Against Elder Abuse We have seen an increase in probate cases of elder abuse involving aging adults who are taken advantage of by people they know, trust, and love. Family members often discover too late that their parents or grandparents have been preyed upon by a caregiver or new “friend.” Senior citizens…

    Read More
  • Chicago Estate Ligitation

    Chicago Estate Litigation Estate litigation is similar to other types of civil litigation, with several key differences. Specifically, the probate court is governed by the Illinois Probate Act, which has special time limitations relating to the filing of claims or actions. Therefore, it is essential that you retain and attorney who understands the unique rules…

    Read More
  • Asset Protection Planning

    Asset Protection Planning The goal of an asset protection plan is to protect an individual’s assets from future creditors. The most common type of creditor who poses financial risks comes from a lawsuit or inner-family dispute. A complete asset protection plan considers a client’s entire wealth structure then identifies and resolves potential weaknesses. The solutions…

    Read More
  • Trusts

    What is a Trust and Do I need one? Hays Firm LLC drafts trusts for clients including young families with small children, business owners, and retired individuals. For each client, we walk through the complete estate planning process which begins by analyzing the client’s financial circumstances and goals. We then educate our clients about the…

    Read More