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Illinois Estate Disputes

Most Illinois probate estates run smoothly and are often completed and closed within 8 to 14 months after opening. However, when family members or beneficiaries are in conflict or where the estate plan was not carefully crafted, complications can arise, possibly resulting in litigation.

Some situations which may arise during probate that may require court intervention include:

  • Will validity challenge — when the will was not properly witnesses or executed, or the original Will is not available.
  • Will contest — when an heir or beneficiary raises issues of fraud, forgery, lack of capacity or undue influence in the creation of the Will.
  • Will construction — when the terms of the will are ambiguous or unclear.
  • Heirship dispute — when the identity of the decedent’s heirs are disputed or unknown.
  • Contested claim — when potential creditors file claims that are disputed or contested.
  • Citations to discover and/or recover assets — when somebody refuses to turn over to the executor information or assets properly belonging to the estate.
  • Breach of fiduciary duty — when the representative acts improperly or fails to carry out its duties.
  • Accounting/fee objections — when the accounting of estate activity or fees charged are disputed.

It is important for a person undertaking the important responsibility of serving as estate representative to have experienced legal counsel guide and assist them throughout the entire process to protect the estate and the representative, to avoid unnecessary administration problems and to help deal with any complications that may arise.  The Law Offices of Jeffrey R. Gottlieb, LLC, has experience in helping executors and administrators deal with these estate complications efficiently and effectively.

Illinois Trust Disputes

Many of the same disputes that may arise during probate can also arise during trust administration.  We advise and represent trustees during trust administration to avoid complications and to deal with any issues that may arise.  For more information on trustee representation, please read our Trust Administration page.

Beneficiary Representation for Illinois Estates and Trusts

Separately, we also advise and represent beneficiaries of estates and trusts when a beneficiary has concerns or rights that need to be protected and advocated.  For more information about our representation of estate and trust beneficiaries, please read our Beneficiary Representation page.

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