In a TRUST, 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
Hays Firm’s 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 trust 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 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.
Contact Us
Trust Litigation Articles
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 | 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.
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.
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.
