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RECENT ESTATE AND TRUST LITIGATION LEGAL ARTICLE

  • will-contest-illinois

    What is a will contest?

    A Will Contest in Illinois A “Will Contest” is a court proceeding in which the validity of a will is challenged. The person who brings the will contest argues that the will is not valid. This article will address the different reasons for which you can challenge a will. We will also discuss who may…

  • Filing-lawsuit-against-executor-of-will-estate

    Estate Litigation: Filing a claim or lawsuit against the executor of a will or estate

    Estate Litigation: Filing a claim or lawsuit against the executor of a will or estate When a person creates an estate plan, including a will, they will be required to name an executor who will be responsible for a number of tasks including the distribution of assets and payment of outstanding debts. While most executors…

  • chicago remove executor from estate

    How do I remove an Executor?

    How do I remove an Executor? When a person dies with a will the will is the document which controls how their property is distributed after their death. The will also names the person who will administer the affairs of the deceased person’s Estate. That person is called the “Executor.” The Executor of a decedent’s…

  • Grounds for contesting a will in Illinois

    Grounds for contesting a will in Illinois: After a loved one’s death, there is nothing more unsettling than finding out that they left a will which (1) appears to be the product of coercion by some outside individual or (2) was executed after the decedent lost the mental capacity to sign a will. If you…

  • will-contest-illinois

    Contesting a will in Illinois based on lack of capacity

    Contesting a will in Illinois based on lack of capacity. Illinois law recognizes that any testator (the person who executed the will) must have sufficient mental capacity to complete his or her will (also known as “testamentary capacity”). Sometimes the testator will execute a will shortly before their death or during a time when they…

  • Council Advisement

    Contesting a will in Illinois based on undue influence:

    Contesting a will in Illinois based on undue influence. Illinois law recognizes that individuals may be subject to the undue influence of those around them. When someone is a victim of undue influence, the result is the creation of a will which does not truly reflect their wishes and leaves most or all of their…

  • Chicago IL Power of Attorney

    Common Asset Protection Issues

    Common Asset Protection Issues in Chicago In our asset protection practice, we often encounter clients who come to us after it is too late for us to help them. The cardinal rule of asset protection is that the planning must be put into place well before there is a claim against you or any of…

  • probate lawyer attorney

    How Do I Contest a Will?

    How Do I Contest a Will? Contesting a will is not usually a simple matter. There are, however, some specific legal grounds for contesting a will that can be used successfully. Ultimately, you may be best served by consulting a probate or estate attorney. We’ve consulted with top attorneys across the nation, and have found…

  • Chicago Estate Ligitation

    Chicago Estate Litigation Estate litigation is similar to other types of civil litigation, with several key differences. Specifically, the probate court is governed by the Illinois Probate Act, which has special time limitations relating to the filing of claims or actions. Therefore, it is essential that you retain and attorney who understands the unique rules…

  • Trust Litigation

    Trust Ligitation

    Trust Litigation The role of trustee is a serious undertaking. Once an individual or entity is named as trustee of a certain trust, they owe fiduciary duties of honesty, prudence, and loyalty to the beneficiaries of that trust. When the trustee fails to satisfy any of the duties, the trustee may be held personally liable…