Estate Law, Litigation, Is it Necessary?
Unfortunately, disputes regarding money and property are common after a loved one passes. These disputes are complex and highly emotional. For example, an individual may feel that he or she has been unfairly excluded from a loved one’s Will. Or, individuals may be concerned when their inheritance is less than what they expected. Similarly, 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. The Hays Firm has experience representing administrators, executors, trustees, beneficiaries, and heirs in probate litigation.
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.