If you’ve been searching online for an inheritance lawyer, it likely means one of two things.
Either you’ve been named as the executor of a will or as a trustee of a trust and need help with your fiduciary duties, or you’re a beneficiary who is unhappy with the way an estate has been handled.
Inheritance lawyers help clients in both of these scenarios navigate issues around wills, trusts, probate, and family disputes.
Regardless of which camp you find yourself in, seeking guidance from an inheritance lawyer early on in the process can help you minimize or even prevent costly disputes.
What Does an Inheritance Lawyer Do?
An inheritance lawyer is a type of legal professional who helps their clients handle matters that involve wills, trusts, probate, and estate administration.
However, the term “inheritance lawyer” is more of a commonly used colloquial term, than a proper title. Depending on the specific areas where their expertise lies, these legal professionals are referred to as probate lawyers, trust litigation attorneys, estate litigation attorneys, and estate administration attorneys.
But what an inheritance lawyer actually does depends on who hires them.
An inheritance lawyer can be hired by beneficiaries to help protect their inheritance rights. They can help dispute the validity of a will or question whether the estate is being distributed fairly.
When an executor or trustee is suspected of misconduct, such as not performing their duties or using estate funds for their own benefit (often called self-dealing), a trust or estate litigation attorney can provide legal help for inheritance disputes.
Some inheritance lawyers are hired by the executor of a will or by a trustee to help them understand and manage the fiduciary responsibilities of their role. They can also defend administrators who’ve been accused of wrongdoing.
Before contacting an inheritance lawyer, it’s important to understand their areas of expertise. Not all lawyers who work with inheritance cases handle litigation. Some focus solely on probate and estate administration, while some specialize in litigation.
Always ask a potential inheritance lawyer about their areas of expertise, so you can make sure their skills fit your case.
Common Types of Inheritance Cases
Unfortunately, family inheritance legal issues are fairly common. When an estate holds significant financial assets, real estate, large investments, or businesses, there are more likely to be disputes over how assets are distributed.
Will Disputes
Questions can arise around the validity of a will. If beneficiaries suspect that someone may have pressured the person who created the will (the testator) to change it shortly before their death, they could have committed undue influence. Questions can also be raised about the mental capacity of the testator to understand what was happening. Other times, outright fraud or forgery is suspected. Inheritance dispute lawyers can investigate and pursue these claims.
Trust Disputes
Trust disputes often revolve around whether or not the trustee is fulfilling their duties appropriately. Disputes often arise when there is a failure to communicate with beneficiaries, a refusal to provide an accounting of trust assets and transactions, or disagreements about how the trust assets are being managed.
Probate & Estate Administration
Not all inheritance lawyers are litigators. Some specialize in helping executors and trustees manage their fiduciary responsibilities. Most first time fiduciaries underestimate the actual workload of the role. They must inventory the estate’s assets, pay off final debts and taxes, prepare documentation, communicate with beneficiaries, and then finally distribute inheritances.
When these duties are not performed properly, fiduciaries can become liable. Working with an attorney can help estate administrators avoid legal issues.
Property Inheritance Disputes
Disputes over inherited properties are extremely common in the Chicago area. Parents may leave a family home jointly to their three children, but they can disagree on what to do with it. One may want to live in the home, while the other two want to sell. A lawyer for inheritance property may be needed to help negotiate a fair settlement.
Undue Influence & Financial Exploitation
Family inheritance legal issues often center around claims that the decedent (the deceased) was somehow manipulated or coerced into changing their estate plan before death. This can happen with family members, caregivers, or life partners. Signs of exploitation include deeds being transferred just before death, unauthorized or suspicious withdrawals, and even abuse of power of attorney.
Beneficiary Rights & Fiduciary Oversight
Executors and trustees have what is called a fiduciary duty to act in the best interests of the beneficiaries. They cannot improperly use estate funds or trust assets for their own benefit. They are obligated to provide a transparent and accurate accounting of all estate assets and to keep beneficiaries informed. An inheritance dispute lawyer can represent beneficiaries.
When Should Someone Hire an Inheritance Lawyer?
The timing of when to hire an inheritance lawyer depends on whether you need legal help for inheritance disputes, help with estate administration, or if you suspect any sort of executor misconduct.
If you are an executor or trustee, it can be extremely helpful to begin working with an inheritance lawyer as soon as your responsibilities begin. This is usually almost immediately after the person passes away.
Some family inheritance disputes may be able to be resolved through informal negotiation. Trying to work out a compromise first is almost always cheaper and less time consuming than litigation. However, some disputes can’t be resolved without legal intervention.
This is particularly true when there is suspicion of undue influence, financial exploitation, or self dealing. In these cases, you should immediately seek out an inheritance lawyer. These are serious issues, and getting legal help early can help prevent the situation from escalating.
What Legal Help for Inheritance Disputes Looks Like
The process for working with an inheritance lawyer begins with a consultation.
Many Chicago inheritance lawyers offer an initial consultation where you can determine if the attorney is a good fit for your case, and see if it is worth pursuing.
Should you decide to move forward, the process typically unfolds like this:
Step 1: Discovery
Whether there is a will or trust, the lawyer will need to review the estate documents. They will help you understand your inheritance rights as well as the legal obligations of the executor or trustee. This is also where you can discuss your goals for the case, as well as the risks.
Step 2: Building Case Strategy
The lawyer will begin investigating the case. They’ll gather records and review probate filings, and look into any suspicious activity. After they’ve conducted their investigation, they can recommend whether negotiation or litigation is the best path forward.
Step 3: Negotiation or Litigation
If negotiation is the best option, the lawyer will speak with the lawyers for other beneficiaries and try to work out a settlement that keeps all parties out of court. If litigation is unavoidable, they can represent you through probate or estate litigation.
Step 4: Resolution & Distribution
After a resolution has been reached either through negotiation or through the courts, the assets will be distributed according to the new agreement or ruling. Once the distributions are finalized, the estate or trust administration process can be completed.
How Staza Law Can Help In Inheritance Law Cases
Inheritance law cases are deeply personal by nature. When families are already reeling from the loss of a loved one, inheritance disputes can quickly become contentious.
At Staza Law, we help Chicago families take the emotion out of inheritance disputes. Our team has extensive experience protecting beneficiary interests and can work to help families resolve disputes amicably.
If a dispute cannot be solved through negotiation, we can also represent our clients in court as they pursue appropriate resolution under Illinois law.
We also help executors and trustees understand their fiduciary responsibilities and manage estates effectively for their beneficiaries.
Staza Law: Chicago Inheritance Lawyers
Inheritance lawyers handle a wide range of issues related to will and trust administration and probate. They guide families through probate proceedings, trust administration, and inheritance disputes after the death of a loved one.
When you suspect that a loved one’s estate has not been administered appropriately or there is a lingering dispute over distributions, Staza Law can help.
We also help executors and trustees fulfil their fiduciary responsibilities and protect themselves from liability.
Remember, it’s better to seek legal help for inheritance disputes earlier, than to let a case escalate. Contact Staza Law today for an initial consultation, and let our team help with your inheritance law needs.