Schaumburg Probate Litigation Lawyer

Cook County Estate Planning Attorney in Schaumburg and Throughout Illinois

Having a properly executed will or trust does not always ensure that the probate process runs smoothly. If a legal challenge is made to a will, probate litigation may be needed to resolve these disputes. Beneficiaries or heirs may also file legal claims related to trusts, addressing issues related to the management of a trust or the distribution of assets. At Anderson Attorneys, P.C., we represent clients on both sides of probate litigation. We closely examine all estate planning documents and investigate the circumstances of the challenge, working to help our clients determine the best ways to resolve disputes while protecting their rights and interests.

We can also assist clients in disputes involving the administration of a will or trust. Executors, administrators, and trustees have a fiduciary duty to uphold. If they are accused of incompetence or fraud, probate litigation or trust litigation may be necessary. We represent clients on both sides of these disputes as well.

The Probate Process

After a person's death, specific legal procedures must be followed in probate court to ensure that their estate will be settled correctly. An executor will be appointed based on the terms of a person's will. The executor will then take an inventory of the estate's assets, notify creditors and beneficiaries about the probate proceedings, pay outstanding debts and taxes, and distribute the estate's assets to beneficiaries. The executor will follow the instructions provided in a will, and they will be required to manage the estate's assets prudently while protecting the best interests of the beneficiaries.

Contesting a Will

When family members or other potential beneficiaries feel that a will is invalid, they can challenge it in probate court. This often occurs when a family member is excluded from an inheritance or when a will had been suspiciously altered just before the person died. A challenge to the validity of a will can be made based on a number of grounds, including:

• Mental capacity – Challenging whether the person was of sound mind when the will was executed or revised.
• Undue influence – Challenging whether the person was pressured or coerced into creating or revising the will in question.
• Improper execution – Challenging whether the will was signed according to state laws.
• Fraud – Challenging whether the person was deceived into signing the will or whether the will was altered after it was signed.

Successfully challenging a will can be difficult, because the person who created the will is not available for questioning. We are experienced in handling these cases, and we know how to effectively and efficiently investigate these matters. Our primary goal is to protect our client's rights and interests, but we are always mindful of respecting the wishes of the deceased person as well.

Addressing the Mismanagement of an Estate or Trust

In some cases, beneficiaries may become concerned about the actions taken by an executor or a trustee who is tasked with the management of a trust. For example, a person may believe that an executor did not take the proper steps to assess the value of an estate's assets, resulting in an unfair distribution that favored certain beneficiaries over others. Disputes may also be based on claims that an executor or trustee failed to manage assets correctly, allowing them to depreciate and resulting in financial losses for the beneficiaries. A person with a fiduciary duty may be accused of acting in their own interest rather than the interests of the beneficiaries. Litigation may be used to address these concerns, and if a person can show that an executor or trustee violated their fiduciary duties, a court may award damages or take other steps to correct these issues.

Contact Our Schaumburg, IL Probate Litigation Attorney

If you are involved in a probate dispute of any kind, contact us at 847-850-8899 to schedule a free consultation to discuss your case. Our office is located in Schaumburg, and we represent clients in Cook County, DuPage County, Lake County, Kane County, and other communities in the Chicago area.