Planning for the future often means making decisions about how to care for loved ones. Creating a will is one way to make your wishes clear and help your loved ones understand what to expect. For many people, having a plan in place can offer peace of mind and help...
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Probate Litigation
How can you prove undue influence in a will contest?
When a loved one dies and leaves a significant portion of their estate to one person, family members may wonder whether the will truly reflects the deceased’s wishes. It can be especially concerning when that person appears to have played a significant role in...
Can heirs challenge a family business valuation in probate?
When a parent dies owning a family business, the value placed on it shapes what every heir receives. If one sibling ran the business and controls its books, other heirs may question whether the estate's number reflects its true worth. Probate lets heirs challenge a...
Who pays for a lawyer if people try to remove an executor?
Estate administration can take a year or longer, especially if there are disputes involved. Probate litigation can arise if there are questions about the legitimacy of estate documents. Lawsuits also frequently follow complaints about the conduct of a personal...
Challenging a will witness’s inheritance in probate court
Probate litigation often relates to misconduct on the part of a fiduciary or concerns about documents. In some cases, family members or beneficiaries may believe that an outside party exerted undue influence on the testator, leading to imbalanced or unexpected...
Is it too late to challenge a will once probate starts?
You do not lose your right to contest a will just because probate has already started. In Illinois, you can still challenge the will, but you must act within a strict legal deadline after the court admits it to probate. How long do you have to file a will contest? You...
The critical role of testamentary capacity
When someone drafts a will, one key component is that they need to be of sound mind. They need to understand their decisions and the importance of the estate planning documents. They need to be fully in control of their cognitive abilities, showing that they are...
When joint ownerships lead to probate disputes
Joint ownership is often used as a simple way to pass property to a loved one without going through probate. However, what seems like a straightforward plan can sometimes create confusion and conflict after someone dies. When property is jointly owned, disagreements...
What Illinois law requires trustees to disclose to beneficiaries
When a person passes away and leaves a trust, that trust typically becomes irrevocable. The trust needs to be managed by someone responsible for its administration (called a trustee). In Illinois, once the original grantor is deceased, the successor trustee takes over...
Examples of breaches of executor duties
An executor is responsible for carrying out the terms of a will. They must act in the best interest of the estate and its beneficiaries. When an executor fails to meet their legal responsibilities, this may be considered a breach of duty. Breaches of executor duties...


