PROBATE, TRUST & ESTATE

Securing and protecting what matters most to you,
after someone you love has passed.

ESTATE LITIGATION

An experienced estate litigation lawyer on efficiently resolving messy family disputes.

“Courtroom situations are inherently emotional but in this area specifically, it’s basically family law for siblings after someone passes, so all the dynamics that you may have within a family law divorce type of situation are here to some degree – like fraudulent wire transfers or forged signatures or decades-old resentments and disputes. It’s very emotionally charged.

Typically when an estate dispute arises, there’s the factions that can break up a family, a couple of siblings here, a couple of siblings there, and as the advisor, the estate dispute attorney or the estate litigation lawyer as the case may be, we have to not get caught up in all of that. We have to keep it professional and keep it focused on the most efficient way to transfer this property, because any small issue can quickly blow up into a massive litigation scenario. And when that happens, the attorney’s fees can quickly drain an estate. And for what?

So we spend a lot of our time counseling clients, and working with them to avoid the flare ups that can break up a family and drain an estate.”

| Andrew Hays

Meet one of our estate litigators, Andy Hays.

“Some attorneys can be a bulldozer while others are respectful. But you have to know how to do both. They get it done.”

Despite being highly skilled in court, a Staza Law estate litigation lawyer will try hard not to go.
It’s our duty.

Litigation can be very expensive. And since it’s our fiduciary duty to act in our client’s best interests, we first explore the less risky, less costly, and less time consuming form of dispute resolution: settlement. Sometimes it’s possible, sometimes it’s not, but as estate dispute attorneys, we have to give it a shot. When it’s clear settlement is unobtainable, our confidence and experience in the courtroom serves our clients very well.

Estate disputes regarding money and property are unfortunately common after a loved one passes. A family member or friend may feel they’ve been unfairly excluded from the will. Or a sibling may be concerned when their inheritance is less than what they expected. And in matters involving a trust, the trustee may be held personally liable for failing to fulfill his or her duties under the trust and under the law.

Whether a client’s dispute is over inheritance or mismanagement, our estate dispute attorneys possess the skills and the experience to deftly pursue our clients’ best interests whether they’re negotiated or litigated.

If you were searching for ‘estate litigation lawyer near me,’ you found them.

What services does an estate disputes lawyer provide?

Our estate litigation attorneys can provide the following legal services.

REVIEWING WILLS AND TRUSTS

We will review any existing wills and trusts created by the deceased in order to determine the rights and obligations of all interested parties. Our attorneys will assess whether it is necessary to open a probate estate based on the contents of these legal documents.

OPEN A PROBATE ESTATE TO PROTECT ASSETS

Our attorneys will file all necessary documents and petitions to open a probate estate to protect the assets of the estate from different types of claims that may be filed against it in probate.

RECOVER ASSETS OF AN ESTATE

If assets have been unlawfully removed from an estate, our estate litigation attorneys will file all documents and petitions necessary to defend against fraudulent transfers and recover assets that have been removed from an estate.

DRAFTING AN ESTATE ACCOUNT

The attorneys at Staza Law will create an account showing the receipts and disbursements from an estate. We will help executors and administrators to distribute property and pay bills, according to the Illinois Probate Act.

ADVISING AN EXECUTOR OR ADMINISTRATOR

In the case of complex family issues, our estate attorneys will provide legal counsel to the Executor or Administrator of an estate. We will help to navigate the difficult, complicated, and sometimes emotional disputes and advise on the best way to move forward.

ADVISING A BENEFICIARY OR LEGATEE

Staza Law provides legal counsel to beneficiaries of a trust or legatees of a will to ensure that their interests are protected. The Illinois Probate Act dictates that all claims be divided into seven classes, and beneficiaries will receive their claims according to these classes.

REMOVAL OF AN EXECUTOR OR ADMINISTRATOR

Unfortunately, Executors do not always comply with their fiduciary duties, which include gathering assets, paying bills, and distributing assets. Staza Law will file all documents and petitions necessary to remove a representative of an estate, should the need arise.

CONTESTING A WILL

It is not a simple matter to contest a will. Our Chicago estate litigation lawyers are experienced in the legal grounds that can be used, and will file all documents and petitions necessary to contest the validity of a will.

CASE STORY

How do we help other attorneys with their probate, trust & estate clients?

We’ll let one of them tell you.

I talked to a lot of firms, and everyone I spoke with at this firm was kind and empathetic. High quality experience from beginning to end. Communication is a huge part of this. They were more attentive, and provided more answers, in an expeditious fashion.

Every firm says they’re interested in helping, in getting the best possible outcome. But is it really backed up? This firm, they’re not just there to make money off of you or churn out cases. They take the time to find out what’s really going on with you, and they’ll advise you if they’re the best people to help you or not.

This firm, they make you feel like more than an invoice. You can tell from their empathy, their genuineness, that they’re really here to help. You can’t fake genuineness. These are good down to earth people. You get the feeling if they could help you without charging you they would. They really understand what we’re going through.

Legal stuff isn’t just difficult, it can be confusing. But they don’t use jargon. They make it clear what we’re doing and why we’re doing it. They show concern with each individual matter and provide clarity for every step along the way. They make you feel comfortable to reach out.
They operate with a high level of professionalism, guiding you every step of the way, answering all questions. No rushing to get it done. Gives me peace of mind. They’re peaceful. My sense is they want to make it a high quality experience for all clients from beginning to end.
– K Scott

“I practice personal injury law. I started working with Andy because we have to have a probate lawyer to get our cases through the system. The people we work with, they went through a loss, they’re emotional, and lawyers can be very cold sometimes. But Andy doesn’t do that. He feels for the people he’s representing. It’s the human factor.” – Kevin Golden

Reach out to one of our Chicago estate disputes lawyers?

When do you need to see an estate litigation lawyer?

Although estate litigation is similar to other types of civil litigation, there are some 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. And it’s essential that you retain an attorney who understands the unique rules that govern contested probate claims, as quickly as possible. The estate litigation lawyers at Staza Law have experience representing administrators, executors, trustees, beneficiaries, and heirs in probate litigation.

An estate dispute attorney’s answers to FAQs.

Q

CAN I SUE THE EXECUTOR OF AN ESTATE?

Yes, the executor of an estate may be sued if they are not performing their duties. While most executors complete their tasks to the highest standard of care, some make unfortunate mistakes, some are caught in the middle of a feud, and others betray the very person who entrusted them with the role of managing the affairs of their estate.

Q

HOW CAN I ATTACK THE VALIDITY OF A WILL?

If you believe that a will that has been admitted to probate is not valid, please contact one of our attorneys as soon as possible. There are several grounds upon which you may challenge the validity of a will. However, there are strict timelines in which to file such an attack and the timeline may vary based upon a variety of factors.

Q

HOW LONG DOES THE PROBATE PROCESS TAKE?

No. A will may only be changed by the person who created the will.

Q

WHAT ARE THE DUTIES OF AN EXECUTOR?

Some of the duties of an executor include: collecting the assets of the estate; paying the debts of the estate; selling certain debts where necessary in order to distribute the value of those assets to the beneficiaries under the will; and filing a final tax return for the deceased individual and the estate.

Q

CAN THE EXECUTOR BE REMOVED?

An executor cannot be removed simply because he or she exercised bad judgment resulting in a loss of estate funds. Serious misconduct is required in order to remove an Executor. If an Executor fails to uphold their obligations to the estate and its beneficiaries, Illinois law allows a beneficiary, or someone else with a financial interest in the estate, to file a petition to remove that Executor.

Q

WHAT HAPPENS IF A WILL IS INVALID?

If a court determines that an entire will is not valid, then probate continues as if there were no will, and assets are divided according to standard probate laws and procedures.

Q

WHAT ARE SOME EXAMPLES OF EXECUTOR MISCONDUCT?

An executor of an estate has a fiduciary duty to the estate’s beneficiaries. Unfortunately this duty is not always adhered to and misconduct can arise, such as failing to timely gather assets, allowing estate property to fall into disrepair or mixing personal funds with estate funds.

Q

CAN AN ESTATE BE CLOSED IF A LAWSUIT HAS BEEN CREATED?

If someone files a lawsuit against the estate during probate proceedings, the estate is unlikely to be able to be closed. This does vary state by state, and immediate family may be able to receive allowances out of the estate while proceedings continue.

Understanding legal processes and terminology can be confusing. Allow us to explain legal terms you’re likely to encounter.

How can an estate dispute attorney help you file a will contest?

Our estate disputes attorneys can navigate the will contest process with you.

ESTATE LITIGATION: CHALLENGING A WILL IN ILLINOIS

Under Illinois law, any interested party is entitled to file a will contest, and must be done so in probate court within six months of the date that the will is admitted to probate. This can only be done when the person whose will it is is deceased. There are several grounds for contesting a will, including lack of testamentary capacity, undue influence, or fraud. A will contest effectively asks the court to declare the will void and invalid. A trial will be held to present and review all evidence and a decision will be made whether or not to invalidate the will and proceed with probate as if the will never existed.

CONTESTING A WILL BASED ON LACK OF TESTAMENTARY CAPACITY

Any person that executes a will (the testator) must have sufficient mental capacity to complete his or her will. An interested party may challenge the will based on the belief that the testator lacked the ability to think coherently and understand the consequences at the time of signing their will. In order to prove that a testator lacked the required testamentary capacity, there are several criteria that the claimant must show that the decedent did not meet at the time of signing. Lack of capacity is the most common grounds for contesting a will and an experienced estate litigation attorney can help determine if you have grounds for contesting your loved one’s will.

CONTESTING A WILL BASED ON UNDUE INFLUENCE

In the event that an individual feels that their loved one has been subject to undue influence, leading to the individual being improperly excluded from the will, Illinois law states that they have the right to contest the validity of the decedent’s will. The party challenging the will bears the burden of providing evidence that the person benefiting from the will exercised undue influence over the testator (the decedent). This evidence is often in the form of a fiduciary relationship, either as a matter of law or as a matter of fact, and this then shifts the burden onto the defendant to rebut the claim.

ARE TRANSFERS TO A FIDUCIARY FRAUDULENT?

Unfortunately, it is all too common for agents, caretakers and other individuals to take advantage of the most vulnerable and coerce them into amending their will before they pass away. It is often very difficult to prove that this coercion has taken place once the person has passed away, because it often occurred in private. Taking this into consideration, Illinois law protects individuals from exploitation, with the presumption that all transfers to fiduciaries are fraudulent. Certain elements must be proven to establish this presumption of fraud, and both parties should retain estate litigation lawyers who are experienced in such disputes.