The death of a loved one brings with it many emotional challenges. Feelings of loss and dismay are natural, but sometimes the way that the deceased’s estate is handled can create a new set of challenges, leaving you feeling left out, hurt, or worse yet, the victim of fraud or unfair practices. When disputes arise between family members and beneficiaries over how the estate of the recently deceased is handled, it can lead to anger, frustration, and jealousy.
Even when there is a will at play, these disputes can become so contentious that the only way to settle them is through litigation. When the situation cannot be resolved amicably, choosing an estate litigation attorney with the experience and legal expertise to secure you the best outcome becomes a priority.
At Hays Firm, we specialize in providing expert legal guidance in estate litigation to our clients during these emotionally challenging situations.
Today, we’ll examine the reasons why estate disputes arise, as well as tips for choosing an estate litigation attorney who will give you the best chance at a favorable outcome in court.
The Role of an Estate Litigation Attorney
Before we dig into the best tips for choosing an estate litigation attorney, let’s take a moment to understand the role of an estate litigation attorney, and why you might need one.
An estate litigation attorney, also known as an estate dispute attorney, is a legal professional who specializes in disputes over how a deceased person’s assets are distributed between surviving family members and other beneficiaries.
Disputes can arise for a variety of reasons. Some common examples include:
- Disagreements over the validity of a will.
- Allegations of undue influence.
- Concerns of fraud, or forgery of the will.
- Feelings that an individual was unfairly excluded from the will.
- Disputes over the amount of an inheritance.
- Concerns about fiduciary duties of the trustee in matters involving a trust.
Legal contests involving matters like these are handled in a special court called probate court. In the state of Illinois, probate court is governed by the Illinois Probate Act.
While similar to typical civil litigation, probate court has special time limitations related to when a claim or action can be filed. When it comes to disputing the validity of a will, the time limit is six months from the date the estate files the will with the probate court.
If you wish to contest the will or seek trust litigation, it is crucial that you obtain the help of an experienced estate litigation lawyer well within that time frame.
As one of Chicago’s most experienced estate litigation law firms, Hays Firm’s estate dispute attorneys are extremely qualified and ready to help clients with will contests, estate disputes and trust litigation. By acting swiftly, we can help you file a petition to contest the will well before the window of opportunity closes.
What to Look for When Choosing an Estate Litigation Attorney
If you’ve decided that contesting a will or entering trust litigation is the only way to resolve an estate dispute, you’ll need the help of an experienced estate litigation lawyer. But what qualities are important in choosing an estate litigation attorney?
With nearly 20 years of experience as an estate litigation law firm, Hays Firm possesses these top qualities to look for in an estate litigation attorney.
Relevant Experience
First and foremost, you’ll want to work with an estate litigation law firm that has worked with numerous estate litigation cases. Experience is crucial in anticipating potential challenges and obstacles that will need to be overcome in order to gain the most favorable outcome in your case. A highly experienced estate litigation lawyer will have an indepth knowledge of the probate process and should have a strong record of effectively handling estate disputes, will contests, trust disputes, and fiduciary issues.
Local Expertise
There are many law firms that represent clients nationwide, but the smart play is always to work with a reputable law firm who has strong legal expertise in your local jurisdiction. Estate laws can vary from state to state, so be sure to work with an estate litigation attorney who is familiar with your region. As a Chicago based estate litigation law firm, Hays Firm is intimately familiar with Illinois and Chicago probate courts and procedures, giving your case a home-field advantage.
Strong Communication Skills
For most people that seek estate litigation, the law is often confusing. A quality estate litigation attorney should be able to clearly explain complex legal concepts to you in an easy to understand way. You shouldn’t need a law degree yourself to understand each step of the process. An estate dispute attorney should also keep you regularly informed of the progress in the case, and be quick to answer your questions.
Personalized Approach
Lastly, we always recommend working with an estate dispute attorney who can offer a personalized approach to your case. The circumstances in every estate dispute are different – as are the stakes. The best estate dispute attorneys will tailor their approach to your needs. For example, they might conduct an in-depth interview with you to understand your specific needs, goals and concerns. This will help them tailor their approach to your case, which is more likely to lead to your desired outcome.
Hays Firm: Chicago’s Leading Estate Litigation Law Firm
Dealing with the death of a loved one is painstaking, and choosing an estate litigation attorney may seem like an overwhelming task. If you’re in need of an estate litigation law firm, knowing what to look for is a tremendous help.
Remember, an estate litigation attorney should have:
- Relevant Experience
- Local Knowledge of Estate Laws
- Strong Communication Skills
- Personalized Approach
At Hays Firm, we firmly embody all these qualities and more. With nearly 20 years experience navigating complex estate litigation cases involving significant assets, we have served the greater Chicago area with estate planning and litigation law services.
Our team of estate settlement attorneys has the skill and track record to deliver you exceptional personalized service. We hold our core values of integrity and honesty, excellence, service and respect high with each of our clients, giving Hays Firm offers the most well rounded approach to resolving estate litigation matters in the Chicago area.
If you’re facing a contentious estate dispute, don’t try to navigate the legal process on your own. Contact Hays Firm today for a free consultation on your case, and Chicago’s trusted estate, probate and business attorneys help deliver you your ideal outcome.
**Disclaimer**
This content of this blog is for general informational purposes only, and does not constitute legal advice. Please consult with a qualified attorney or lawyer for advice specific to your situation.
