Securing and protecting what matters most to you,
after someone you love has passed.
PROBATE LITIGATION
“We help people navigate transitions in their life and in their business, and no two families are alike. We’re a probate litigation law firm, so over the years, we sometimes see fact patterns emerge, but there’s no such thing as a standard case. It’s a new case every time. That’s the attitude we bring to our work. We have to connect with a client and understand their position, but at the same time, we have to be careful not to be overly influenced by the emotion of it to a degree where it clouds our ability to see the best path forward for our client. That is our job.
One of our key principles in providing probate litigation legal services is we take the time that it takes. No more, no less. Sometimes there’s a probate dispute where getting that settlement over the finish line requires something non-economic. Maybe the other side agrees to write some kind of letter that addresses the other side’s concern or addresses the principle of the dispute and it turns out that that’s really what they’re looking for. We’re trained to think about it in economical terms because a settlement is about economics, it’s about business. But sometimes you need those creative resolutions.”
| Andrew Hays
“Judges respect them wholeheartedly, they respect the work they do, and their attention to detail.”
Losing someone you love is difficult enough.
To get through the legal battle
that often follows, you need a partner, a highly skilled probate litigation lawyer,
to guide you.
A loved one’s passing is a time of grief and sorrow. But when disputes arise over how the estate will be distributed, this difficult period can quickly become a stressful and protracted legal battle. Without the guidance of an experienced probate litigation lawyer, these conflicts can strain family relationships and create long-lasting rifts.
Staza Law is a trusted and compassionate probate litigation law firm with some of the finest probate attorneys in Chicago. We help families resolve their inheritance disputes with clarity and grace. We work to resolve their challenges fairly and efficiently, while minimizing potential harm to family relationships.
What is Probate Litigation?
Probate litigation is a legal process that happens when there are disputes that arise during the probate process – typically, disputes over the validity of the will, the theft of estate assets, or the fairness of asset distribution.
Probate is a court-supervised process for distributing the assets of the deceased. During the probate process, the will, if one exists, must be validated, and the assets of the deceased must be identified and inventoried. Their debts and taxes must be paid from their assets first, then the remaining assets can be distributed to their heirs and beneficiaries.
While many people leave behind a will to dictate how their assets will be distributed, conflict often occurs – particularly when there are significant assets at play. When these disputes cannot be resolved amicably, the next step is probate litigation.
A probate litigation attorney is a legal professional who specializes in resolving these issues within the probate court system.
If you were searching for ‘probate litigation attorney near me,’ you found them.
Common issues that can lead to probate litigation.
Probate disputes can arise for a variety of reasons. Here are some of the more common reasons.
WILL CONTESTS
Heirs, beneficiaries, and other parties often challenge the legitimacy of a will. Here are some of the reasons why.
– Lack of testamentary capacity or undue influence. If a person has been manipulated or coerced into changing their will to favor the
manipulator, the will can be challenged. This can often happen in cases where an elderly individual is dependent on a caregiver or family
member.
– Fraud or forgery. If the will’s signature was completely forged, or if two differing copies of a will exist, it can be challenged as fraudulent.
– Improper execution. Under Illinois law, there must be a witness to the signing of the will. If there was not, the will can be declared invalid.
DISPUTES OVER DISTRIBUTION OF ASSETS
While a will can dictate how specific assets are distributed, it may not cover everything of value. If the will leaves out certain assets, particularly those that have sentimental value to family members, disputes can arise over who will receive it. A probate litigation attorney will serve as a neutral third party and ensure fair distribution.
HEIRSHIP DISPUTES
While it may sound like the plot of a soap opera, it’s not uncommon for there to be disputes over who is a rightful heir to an estate, particularly when there is no will left behind or if the deceased had recently remarried.
BREACH OF FIDUCIARY DUTY
The executor or administrator of an estate has a legal responsibility to act in the best interest of the estate and its beneficiaries. If there is suspicion that the executor has mismanaged assets, hid property, or acted for their own benefit rather than the estate’s, a probate litigation attorney can file a petition for their removal.
How a probate litigation attorney can help.
Whether you are challenging the validity of a will, defending it against unfounded claims, or addressing executor misconduct, a probate litigation attorney is there to protect your rights and help you navigate the complexities of probate law. At Staza Law, our probate litigation lawyers have extensive experience representing clients on both sides of these five common dispute issues. In cases where litigation is unavoidable, our experience will let us build a tailored strategy for courtroom representation.
Will Contests
EXECUTOR DISPUTES
Challenging or defending accusations of misconduct or mismanagement of the estate by its executor.
ASSET DISPUTES
Resolving disputes around the distribution of money, property, and even sentimental items.
CREDITOR CLAIMS
Defending against claims that creditors may pursue against the estate.
BREACH OF FIDUCIARY DUTY
Holding administrators or executors accountable when engaging in conduct detrimental to the estate or its beneficiaries.
What is the difference between estate litigation and probate litigation?
The terms probate litigation and estate litigation are often used interchangeably, however they are two distinct processes.
Estate litigation is a broader concept, covering disputes involving a person’s assets whether they occur before or after their death. Common examples of estate litigation include disputes over trusts, powers of attorney, guardianships, and asset transfers made before death.
Probate litigation is a subset of estate litigation. It specifically deals with disputes over the handling of an estate after someone has passed away. This distinction is important, and limits probate litigation to disputes involving things like will contests, executor appointment and misconduct, and asset distribution during the probate process itself.
“Lawyers grow their practices in different ways. This firm’s practice is built on a devotion to the clients.”
Why choose Staza Law for probate litigation legal services?
Firing up an internet search for “the best probate litigation attorney near me” will offer you plenty of probate litigation law firms. But will they give you the attention and care you deserve?
At Staza Law, we’re small enough to give our clients the personalized attention they deserve, and experienced enough to handle probate litigation for any scenario. We are a Chicago-based law firm offering comprehensive probate litigation legal services. Since 2008, we’ve been helping Illinois families protect their rights throughout the probate litigation process. Here’s how we’re different.
Deep understanding of Illinois probate laws. Our experience and up-to-date knowledge of Illinois probate laws and court procedures means we can handle any type of inheritance dispute with compassion and skill.
Local Chicago expertise. We have great familiarity with Illinois probate courts and the specific probate laws and procedures of Cook County.
Personalized attention. We take pride in bringing a personalized approach to each of our clients. With Staza Law, you get a compassionate and personalized approach to your case. No matter whether you are challenging or defending, we can help you with your case.
Clear, consistent communication. Some probate litigation lawyers can leave their clients confused by legal jargon. We take pride in breaking down complex legal concepts into understandable terms. We believe in regular communication so you always have a firm understanding of your case’s status
Innovative fee structures. Because our firm is intentionally small, we are able to offer innovative and flexible fee structures when applicable. Contact our team to see how we can help.
A Chicago probate litigation attorney’s answers to FAQs.
Q
WHAT IS THE DIFFERENCE BETWEEN ESTATE LITIGATION AND PROBATE LITIGATION?
Probate litigation is a subset of estate litigation. Probate litigation specifically refers to issues that occur after an individual has already passed away, such as will contests and executor misconduct disputes that arise during the court-supervised probate process. Estate litigation has a broader focus and can involve any dispute related to a person’s estate, even while they are still living. As a law firm, Hays Firm offers a full slate of estate and probate related services, including probate litigation legal services and can assist you with either type of dispute.
Q
HOW DO I FIND THE BEST PROBATE LITIGATION ATTORNEY NEAR ME?
Beyond a simple internet search, you need to find a probate litigation attorney with experience in your local courts. They should have a respectable track record of dispute resolution, as well as effective and compassionate communication. Hays Firm has all these characteristics and more. Based in Chicago, we have extensive experience in Cook County probate court and are familiar with the local judges, clerks, and procedures.
Q
CAN PROBATE LITIGATION BE SETTLED OUTSIDE OF COURT?
Yes, many disputes are capable of being settled without heading to litigation. The lawyers at Hays Firm are experienced negotiators and will work towards resolutions that avoid probate litigation, saving time and reducing family conflict. However, we are fully prepared to represent our clients in court if litigation is unavoidable.
Q
WHAT ARE MY RIGHTS IF I’VE BEEN LEFT OUT OF A WILL?
Q
HOW LONG DOES PROBATE LITIGATION TAKE IN ILLINOIS?
Q
HOW CAN I START A PROBATE LITIGATION CASE?
If you believe you have the grounds to begin probate litigation, contact an experienced probate litigation law firm like Hays Firm today. We can provide an initial consultation to evaluate your case and begin building your strategy. The earlier in the process you get legal help, the better the chance you have at a positive outcome.
“Exceptionally ethical.”
The Staza Law blog has answers.
