Illinois Trust Litigation
Disputes can often arise in the administration of a trust between TRUSTEES, beneficiaries, FAMILY MEMBERS, AND OTHER FIDUCIARIES.
The role of a trustee is a serious undertaking. Once an individual or entity is named trustee of a certain trust, they owe fiduciary duties of honesty, prudence, and loyalty to the beneficiaries of that trust. In matters involving a trust, a trustee may be held personally liable for failing to fulfill his or her duties under the trust and under the law. 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.
When there are substantial amounts of money involved, or when a family conflict is present, disputes may arise between the trustee and the beneficiaries. The Illinois trust litigation attorneys at Hays Firm LLC have experience representing trustees and beneficiaries.
Trust Litigation Legal Services
Our experienced trust litigation attorneys can provide the following legal services:
REVIEW ALL WILL AND TRUST DOCUMENTS
Our trust litigation attorneys will review will and trust documents executed to help determine the trustee’s duties.
DRAFT AN ACCOUNTING
Our attorneys draft and prepare periodic accountings that are required by law and by the terms of a trust.
ADVISING AND CONSULTING A TRUSTEE
Our attorneys will provide counsel to trustees to help them fulfill their obligations.
REPRESENTING BENEFICIARIES
Our attorneys will advise the beneficiaries and work with the beneficiaries to protect their interests in the trust.
FILING A LAWSUIT ON BEHALF OF A TRUSTEE
If necessary, our attorneys will file the appropriate pleadings in court to protect the assets held in the trust.
FILING A LAWSUIT ON BEHALF OF A BENEFICIARY
Our attorneys will file all legal documents and petitions necessary to recover assets of a trust that may have been wrongfully removed.
More Info About Trust Litigation Services
What is Trust Litigation?
Trust litigation refers to lawsuits and court proceedings that are related to the administration of a trust. Trust litigation may be commenced by a trustee seeking to recover and protect the assets of a trust. Or, trust litigation may be started by a trust beneficiary who believes that the trustee has not complied with his or her obligations.
What is a Trust Accounting?
A trust accounting is a document that sets forth the income and expenses of a trust. An accounting is typically provided to trust beneficiaries on an annual basis.
I am acting as a Trustee and I am not sure of my duties.
A trustee’s duties and obligations are set forth in the trust documents. State law also dictates the duties and obligations of a Trustee. If you are unsure of your obligations as a Trustee, please contact one of our attorneys.
I am a beneficiary of a Trust and I do not have any information about the Trust?
If you are a trust beneficiary and are concerned that your interests are not being protected, please contact one of our trust litigation attorneys.
I am a beneficiary of a Trust and I want to challenge the terms of the Trust?
If you believe the settlor was pressured into creating or signing the trust; or you believe the settlor was not competent when he or she signed the trust; or the document being presented as the trust is not the most recent or accurate document, please contact one of our attorneys to help you.
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Trust Litigation Articles
Two Hays Firm LLC lawyers are selected for the 2020 Illinois Super Lawyers list and are among the best lawyers for Estate & Trust Litigation in Illinois.
Illinois law permits any interested party to file a will contest. A will contest must be filed with the probate court after a person’s death
If you have reason to believe that the executor is hiding assets or stealing them so as to avoid having to distribute them later pursuant to the will, a lawsuit may be necessary.