Contested Estates and Trusts

Sometimes, a loved one’s estate plan leaves behind more questions than answers, and you are left trying to piece this puzzle together. During this difficult time, if one member of the family is appointed executor or trustee and they aren’t answering your questions or being transparent, this can cause added stress and anxiety about what is happening with your loved one’s legacy. Sometimes, at this vulnerable time, individuals may act on greed or personal interest and deviate from the true wishes of the testator as devised in their Will or Trust. Or bad actors may seek a moment of opportunity to misappropriate assets of the estate, or take what is not rightfully theirs. 

Our contested estate and trust attorneys are here to help ensure your loved one’s wishes are upheld and that the inheritance, gifts, and bequests make it into the right hands as intended. The most common actions concerning Contested Estates in Illinois include:

• Will Contests - this involves challenging a Will for reasons, such as lack of testamentary capacity or undue influence;
• Guardianship Litigation - this involves a challenge to a proposed Guardian of a person, minor, or an estate, and can include a challenge to how assets are being handled. 
• Powers of Attorney - disputes concerning authority granted under Powers of Attorney for Health Care or Property, including demands for an accounting by the agent. 
• Trust Administration - disputes related to trust administration, including breach of a fiduciary duty, improper involvement by third parties, and issues with trust accountings



Our Services:

• Will Contest
• Trust Contest
• Action for removal of a trustee, executor, or trust protector
• An action for an accounting for a trust or estate
• Guardianship for an incapacitated adult or minor 
• Action to revoke Powers of Attorney
• An action for an accounting by a Power of Attorney for Property
• Citation proceeding for discovery and recovery of assets wrongfully taken from an estate
• Disputes involving joint tenancy accounts with rights of survivorship
• Contested claims against an estate
• Fraudulent transfers