The process of estate planning is a way to ensure a smooth transfer of assets when someone passes. However even when a will or trust has been created, there are often disagreements between family members and beneficiaries about how the final affairs of the decedent should be handled.
Whether there are concerns over manipulation, fraud, vague wording or even perceived unfairness in the will or trust, legal challenges can create family turmoil, leaving you no choice but to seek the help of an experienced estate litigation attorney.
Hays Firm is a Chicago based estate litigation firm. We understand the complexities of estate litigation, and the impact it can have on families during an already difficult time.
Today, we will discuss estate planning and litigation, as well as 6 key things you should know about estate litigation.
What is Estate Planning and Litigation?
Estate planning is the legal framework that establishes how a person will distribute their assets after their passing. This is most commonly done in the form of a will, but depending on the size and value of a person’s estate, a trust may be set up instead.
Both of these documents are designed to ensure that the person’s assets are distributed to their family or beneficiaries according to their wishes. While the goal of estate planning is to simplify the inheritance process, there is always the chance that someone in the family will be unhappy or will have cause for concern.
This is where challenges can arise and when litigation comes into play.
Some common challenges over the administration of the estate that can lead to litigation include:
- Disputes over the validity of a will
- Disagreements over the distribution of assets
- Breach of fiduciary duty or mismanagement by the executor or trustee
- Claims of elder abuse or undue influence
The passing of a loved one is already an emotional time. When inheritance involves significant assets, both financial and in terms of real estate, physical assets, and even businesses or other holdings, disputes can pit family members against each other.
6 Things You Should Know About Estate Litigation
Now that we have a solid understanding of what estate planning and litigation are, Hays Firm offers 6 key things you should know about estate litigation.
1. Estate Litigation is an Emotional Process
Because of the sensitive nature of these issues, family estate disputes can quickly become contentious and even ugly. You may have challenges to your character, face misrepresentations, and even false accusations. It’s an emotionally challenging process, but having the assistance of an estate litigation lawyer helps create a buffer between you and other family members during the process. This allows you to take a more strategic approach to the situation, focusing on the legal issues, and minimizing personal conflict. While it’s nearly impossible to avoid anger and hurt feelings in these situations, letting an experienced estate litigation attorney handle this process can keep the hostilities between family members to a minimum.
2. Estate Litigation Takes Time
Like many legal processes, estate litigation takes time. If the case makes it all the way to court, the entire process can take anywhere from a few months to several years. This timeframe is generally influenced by the complexity of the estate and the number of parties involved. Estates with significant assets are more likely to have challenges, and thus may take longer to work through.
3. There Are Deadlines to Contest a Will or Trust
Knowing when to hire an estate litigation lawyer is crucial, and the earlier on in the process, the better.
In the state of Illinois, there is a time limit of six months to challenge a will, from the date the will is admitted to probate (the legal process of administering a will). If you fail to initiate a challenge within that timeframe, you will be unable to contest the will.
For trusts, a lawsuit must be filed within two years of the grantor’s death, or within six months after the beneficiaries have been notified by the trustee.
Enlisting the help of an estate dispute attorney as soon as possible will help you meet these deadlines.
If you are a family member wishing to challenge a will or trust, the earlier you can involve a family estate dispute lawyer the better chance you will have of gaining a favorable outcome.
4. An Estate Dispute Attorney Will Help You Understand Your Case
Whether you are the executor of an estate defending against a challenge, or a family member challenging a will or trust, enlisting the help of an estate dispute attorney is key to understanding your options, and the strength of your case. Ideally you’ll want to find an estate dispute attorney with significant experience handling similar cases, along with strong knowledge of local laws. Ask about their case history, and how long they’ve been practicing. You may also consider asking for referrals from previous clients to further vet the estate dispute attorney’s track record.
5. Litigation Can Be Costly
While costs can vary from case to case and by attorney, litigation is not something that you enter into lightly. Because of the associated cost of litigation, it must make sense to pursue it. A skilled litigation attorney can give you an initial consultation, and a discussion of potential costs. They’ll help analyze your position to see if moving towards litigation makes financial sense.
If you are the executor of the estate and must defend against a challenge, the estate itself will likely pay for the estate dispute attorney’s fees. These fees are paid from the estate’s assets before distribution to any beneficiaries, much like debts and funeral costs.
6. Many Cases End Up Settling
It’s actually quite common for family estate disputes to be settled outside of the courtroom, or without going through a full trial. These cases are often settled for a variety of reasons:
- To avoid the significant legal expenses of a full trial
- To resolve a matter more quickly than the months to years it takes for litigation to be completed
- To avoid the uncertainty of a judge’s decision
- To maintain the privacy of the family, and avoid court proceedings that are public record
- To achieve a more flexible and creative outcome than a judge would provide
- To minimize the emotional toll on the family
With that said, the best chance of reaching a settlement and achieving the best possible outcome is still with the help of an experienced estate litigation attorney.
While it is not an absolute requirement to engage an estate litigation attorney, their skill and experience in these matters will help facilitate a resolution that gives all parties a greater sense of satisfaction, and avoids the long, costly drama of litigation.
Hays Firm: Experienced Estate Litigation Attorneys Serving Chicagoland
Between the loss of a loved one, and the potential to pit family members against each other, facing an estate dispute is simultaneously an emotionally and legally complex experience.
Whether you are contesting a will, defending an estate, or navigating a trust dispute, the skill and knowledge of an experienced estate litigation attorney is the key to minimizing the emotional damage and achieving a just resolution.
At Hays Firm, our expertise as family estate dispute lawyers helps us to protect our clients interests, while upholding the wishes of the deceased. We are a small, but experienced firm, dedicated to giving our clients the personal attention and focus they deserve.
We represent individuals in and around the greater Chicago area in estate-related litigation, including both beneficiaries and trustees. We work diligently to ensure that your family’s assets are protected and efficiently transferred to the right beneficiaries upon their loved one’s death.
If you’re faced with an estate related dispute in Cook County and the Chicagoland area, don’t put off getting the help of a skilled family estate dispute lawyer any longer.
Contact Hays Firm today for an initial consultation, and let us show your family the care and personal attention you deserve.
**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.
