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Compassionate and Experienced Chicago Probate Litigation Attorneys

A loved one’s passing is a time of grief and sorrow. But when disputes arise over how the estate will be distributed, this difficult period can quickly become a stressful legal battle. Without legal guidance, these conflicts can strain family relationships and create long-lasting rifts.

In these moments, working with an experienced probate litigation attorney near you can help keep emotions in check and guide you through the complexities of Illinois probate law.

Hays Firm is a trusted and compassionate probate litigation law firm in Chicago, helping families resolve inheritance disputes with clarity and grace. We work to resolve challenges to the probate process fairly and efficiently, while minimizing potential harm to family relationships.

What is Probate Litigation?

Probate litigation is a legal process that happens when there are disputes that arise during the probate process.

Probate is a court-supervised process for distributing the assets of the deceased. During the probate process, the will, if one exists, must be validated, and the assets of the deceased must be identified and inventoried. Their debts and taxes must be paid from their assets first, then the remaining assets can be distributed to their heirs and beneficiaries.

While many people leave behind a will to dictate how their assets will be distributed, conflict often occurs – particularly when there are significant assets at play. When these disputes cannot be resolved amicably, probate litigation can arise.

A probate litigation attorney, also known as a probate litigation lawyer, is the type of legal professional who specializes in resolving these issues within the probate court system.

Compassionate and Experienced Chicago Probate Litigation Attorneys

Common Issues That Can Lead to Probate Litigation

Probate disputes can arise for a variety of reasons. Some of the most common reasons include:

probate attorney

WILL CONTESTS

Heirs, beneficiaries, and other parties often challenge the legitimacy of a will. Some of the reasons for challenging a will include:

  • Lack of Testamentary Capacity: The belief that the person who created the will did not have the mental acuity to understand what was happening. This can happen when the deceased had some form of mental impairment such as Alzheimer’s or dementia.
  • Undue Influence: If a person has been manipulated or coerced into changing their will to favor the manipulator, the will can be challenged. This can often happen in cases where an elderly individual is dependent on a caregiver or family member.
  • Fraud or Forgery: If the will’s signature was completely forged, or if two differing copies of a will exist, it can be challenged as fraudulent.
  • Improper Execution: Under Illinois law, there must be a witness to the signing of the will. If there was not, the will can be declared invalid.

DISPUTES OVER DISTRIBUTION OF ASSETS

While a will can dictate how specific assets are distributed, it may not cover everything of value. If the will leaves out certain assets, particularly those that have sentimental value to family members, disputes can arise over who will receive it. A probate litigation attorney will serve as a neutral third party and ensure fair distribution.

HEIRSHIP DISPUTES

While it may sound like the plot of a TV soap opera, it’s not uncommon for there to be disputes over who is the rightful heir to an estate, particularly when there is no will left behind, or if the deceased had recently remarried.

BREACH OF FIDUCIARY DUTY

The executor or administrator of an estate has a legal responsibility to act in the best interest of the estate and its beneficiaries. If there is suspicion that the executor has mismanaged assets, hid property, or acted for their own benefit rather than the estate’s, a probate litigation attorney can file a petition for their removal.

HOW A PROBATE LITIGATION LAWYER CAN HELP

Whether you are challenging the validity of a will, defending against unfounded claims, or are addressing executor misconduct, a probate litigation lawyer is there to protect your rights and help you navigate the complexities of probate law.

A probate litigation lawyer can help with areas such as:

WILL CONTESTS

Challenging or defending the validity of a will.

EXECUTOR DISPUTES

Challenging or defending accusations of misconduct or mismanagement of the estate by its executor.

ASSET DISPUTES

Resolving disputes around the distribution of money, property, and even sentimental items.

CREDITOR CLAIMS

Defending against claims creditors may pursue against the estate.

BREACH OF FIDUCIARY DUTY

Holding administrators or executors accountable when engaging in conduct detrimental to the estate or its beneficiaries.

At Hays Firm, our probate litigation lawyers have extensive experience representing clients on both sides of these common dispute issues.

In cases where probate is unavoidable, our experience will let us build a tailored strategy for courtroom representation.

What Is the Difference Between Estate Litigation and Probate Litigation?

The terms probate litigation and estate litigation are often used interchangeably, however they are two distinct processes.

Estate litigation is a broader concept, covering disputes involving a person’s assets, whether they occur before or after their death. Common examples of estate litigation include disputes over trusts, powers of attorney, guardianships, and asset transfers made before death.

Probate litigation is a subset of estate litigation. It specifically deals with disputes over the handling of an estate after someone has passed away. This distinction is important, and limits probate litigation to disputes involving things like will contests, executor appointment and misconduct, and asset distribution during the probate process itself.

The key difference is that probate litigation can only occur after an individual has passed away.

Why Choose Hays Firm for Probate Litigation Legal Services?

Firing up an internet search for “the best probate litigation attorney near me” will give you plenty of returns – but will they give you the attention and care you deserve?

At Hays Firm, we are a Chicago-based law firm offering comprehensive probate litigation legal services. Since 2008, we’ve helped Illinois families protect their rights throughout the probate litigation process.

We are small enough to give our clients the personalized attention they deserve, and experienced enough to handle probate litigation for any scenario.

With Hays Firm you get:

Estate Litigation in Chicago Hays Firm

Deep Understanding of Illinois Probate Laws

Since 2008, we’ve helped families in Illinois navigate probate litigation. Our experience and up-to-date knowledge of Illinois probate laws and court procedures means we can handle any type of inheritance dispute with compassion and skill.

Local Chicago Expertise

We have great familiarity with Illinois probate courts, and the specific laws and procedures of Cook County.

Personalized Attention

We take pride in bringing a personalized approach to each of our clients. With Hays Firm, you get a compassionate and personalized approach to your case. No matter whether you are challenging or defending, we can help you with your case.

Clear, Consistent Communication

Some probate litigation lawyers can leave their clients confused by legal jargon. We take pride in breaking down complex legal concepts into understandable terms. We believe in regular communication, so you always have a firm understanding of your case’s status.

Innovative Fee Structures

Because our firm is intentionally small, we are able to offer innovative and flexible fee structures, if applicable. Contact our team to see how we can help as your probate litigation attorney in Chicago and throughout Illinois.

Frequently Asked Questions (FAQ)

WHAT IS THE DIFFERENCE BETWEEN ESTATE LITIGATION AND PROBATE LITIGATION?

Probate litigation is a subset of estate litigation. Probate litigation specifically refers to issues that occur after an individual has already passed away, such as will contests and executor misconduct disputes that arise during the court-supervised probate process. Estate litigation has a broader focus and can involve any dispute related to a person’s estate, even while they are still living. As a law firm, Hays Firm offers a full slate of estate and probate related services, including probate litigation legal services and can assist you with either type of dispute.

HOW DO I FIND THE BEST PROBATE LITIGATION ATTORNEY NEAR ME?

Beyond a simple internet search, you need to find a probate litigation attorney with experience in your local courts. They should have a respectable track record of dispute resolution, as well as effective and compassionate communication. Hays Firm has all these characteristics and more. Based in Chicago, we have extensive experience in Cook County probate court and are familiar with the local judges, clerks, and procedures.

CAN PROBATE LITIGATION BE SETTLED OUTSIDE OF COURT?

Yes, many disputes are capable of being settled without heading to litigation. The lawyers at Hays Firm are experienced negotiators and will work towards resolutions that avoid probate litigation, saving time and reducing family conflict. However, we are fully prepared to represent our clients in court if litigation is unavoidable.

WHAT ARE MY RIGHTS IF I’VE BEEN LEFT OUT OF A WILL?

If you are a direct heir, such as a child or spouse, and you believe that you were unfairly left out of a will, or that undue influence was exerted to keep you out of a will, you may be able to legally contest the will. Speaking with experienced probate litigation attorneys such as those at Hays Firm as quickly as possible is essential to a successful outcome.

HOW LONG DOES PROBATE LITIGATION TAKE IN ILLINOIS?

The timeline for settling probate litigation depends on a number of factors, including the size and value of the estate’s assets, the number of parties involved, and even the court’s schedule. Some cases can be resolved in a matter of months, others involving significant assets and challenges can take a year or longer.

HOW CAN I START A PROBATE LITIGATION CASE?

 If you believe you have the grounds to begin probate litigation, contact an experienced probate litigation law firm like Hays Firm today. We can provide an initial consultation to evaluate your case and begin building your strategy. The earlier in the process you get legal help, the better the chance you have at a positive outcome.

Contact Hays Firm: Chicago’s Trusted Probate Litigation Attorneys


    OUR TEAM

    “Our legal team has knowledge and experience to guide our clients through difficult legal procedures and issues. We are dedicated to providing quality legal services with integrity and respect for our clients.”

    ANDREW HAYS

    ANDREW HAYS | PRINCIPAL

    Mr. Hays is the principal of the firm and a graduate of Loyola University Chicago (1997) and the Illinois Institute of Technology’s Chicago-Kent College of Law (2005). While in law school, Mr. Hays served as a judicial intern for Honorable Judge Allan S. Goldberg, who then presided over commercial matters in the Circuit Court of Cook County. Upon receiving his J.D., Mr. Hays worked as an associate attorney at a small Chicago firm for two years before branching off and beginning Hays Firm in Chicago in 2008.

    Mr. Hays concentrates his practice in the areas of guardianship, decedent’s probate estates, and estate and trust litigation. He is admitted to the Trial Bar of the Northern, Central, and Southern Districts of the United States District Court of Illinois.

    For the past five years, Mr. Hays has been selected as a Super Lawyer in the practice of estate and trust litigation. Only 2.5% of the top attorneys in Illinois receive this award annually for their outstanding dedication to the legal profession. Previously, he was selected by Super Lawyers as a Rising Star in 2011, 2012, 2014, and 2015.

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    ANTONIA HAYS | FIRM PARTNER

    Ms. Hays is a partner at Hays Firm in Chicago. She received her B. A. from Loyola University Chicago (1996) and graduated magna cum laude. Ms. Hays received her J. D. from Loyola University Chicago School of Law (2001). She is a member of the Phi Beta Kappa Society, the nation’s oldest and most prestigious academic honor.

    Her practice includes the handling of complex and multiparty litigation involving estates and trusts, guardianship matters, contractual disputes, commercial disputes, breach of contract actions, and other areas of civil litigation.

    Ms. Hays is a member of the Illinois Bar and is also admitted to practice in the Federal District Court for the Northern District of Illinois. She is a member of the Illinois State Bar Association and Chicago Bar Association. Ms. Hays was named as a 2011 Illinois Rising Star by Super Lawyers magazine in the field of Business Litigation.

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    ANTONIA HAYS
    JONATHAN LEVY

    JONATHAN LEVY | ASSOCIATE

    Mr. Levy is a graduate of the University of Cincinnati (1993) and the University of Illinois Chicago School of Law (1997). Following law school, he served as a judicial intern for Honorable Judge Dean M. Trafelet, who presided over commercial matters in the Circuit Court of Cook County. Upon receiving his J.D., Mr. Levy worked as an associate attorney at a medium-sized firm in Chicago for five years before branching off into his own business.

    Mr. Levy concentrates his practice in guardianship, decedent’s probate estates, and estate and trust litigation. He is admitted to the Trial Bar of the Northern District Court of Illinois and is a member of the Illinois State Bar Association.

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