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Probate Litigation Archives

Probate litigation: Things to know about challenging a will

There are numerous reasons why someone may want to challenge a will. There are also several reasons why he or she would not be permitted to do so. For any man or woman considering probate litigation, it is critical to first seek clarification of any and all regulations that may apply to a particular situation.

When the main goal is to avoid probate litigation

Illinois estate owners may be able to help their loved ones avoid future problems by transferring assets outside of the probate process. Probate litigation often leads to months or years of entangled courtroom battles, which also often leads to contention between family members. Such problems often cause irreparable rifts where siblings or other relatives stop speaking to each other.

Man considering probate litigation against his stepfather

When an Illinois estate owner executes a plan that includes provisions regarding a home -- in particular, who might live in it when the time comes to administer the estate, it often specifies the name of a spouse, adult child or other family member. It seems like it should all be relatively simple, meaning the person listed in a final will as being permitted to live in a house does so and everyone is happy. That is not always how things work out, however, especially if another family member is not satisfied with the situation. A man in another state recently wrote to an advice column to ask whether or not he has grounds to pursue probate litigation against his stepfather.

Rush Enterprises subject of probate litigation battle

W. Marvin Rush, II, built the largest commercial truck enterprise in the United States. With 100 truck centers spanning more than 20 states, Rush left a legacy when he died that included shares worth more than $70 million at the close of a recent stock market day. The problem is that his widow, who happened to have been his third wife, and his son, W.M. Rush, III, are engaged in probate litigation that has become quite acrimonious.

Factors that often lead to probate litigation in Illinois

Circuit court judges in Illinois oversee many cases involving disputes regarding executors of estates as well as numerous other aspects related to the estate administration process. Such judges are called upon to issue rulings in probate litigation when a person or group of people challenge a last will and testament. When an objection is filed, the litigation process helps the court determine whether or not the decedent in question was of sound mind when he or she signed a will and whether someone intentionally interfered with the execution of an estate plan or somehow caused duress or wrongful influence upon the estate owner.

Probate litigation expected following Aretha Franlin's death

Rhythm and blues fans in Illinois and throughout the world have been paying tribute to music superstar Aretha Franklin, who recently passed away. In addition to being known for her powerful voice and tremendous success in the music industry, she was also known for being an intensely private person. An expected probate litigation process is about to change all that, however, because information regarding her estate will soon be made public.  

Want to avoid probate litigation? Here's how

Many Illinois families, like others throughout the nation, sometimes find themselves entangled in family discord in the days and weeks that follow a loved one's death. It is not easy to be faced with legal issues surrounding a decedent's final will and testament or other issues regarding inheritance or fiduciary duties. There are several proactive steps one can take to try to avoid probate litigation. 

Adult children wonder if they have grounds for probate litigation

Adult children in Illinois facing problems regarding their parents' final wills may want to consider points raised in a recent online article about a similar situation in another state. Siblings who recently mourned the loss of their father say they believe their stepmother is robbing them of their inheritance. Several legal issues may come into play as they try to resolve their problems and determine if they have grounds for probate litigation

Trying to avoid probate litigation? These ideas might help

The last thing most Illinois estate owners want is to inadvertently tie their loved ones up in months or years of legal disputes when it comes time to administer their estates. The good news is that it is often possible to avoid probate litigation. Planning ahead and seeking clarification of state laws may be keys to success.  

Probate litigation re Prince's estate resolved

When music legend Prince died, the administration of his estate was anything but smooth sailing. His sudden death from an overdose of a painkiller, fentanyl, shocked and saddened music fans throughout the world and left his family members at odds with several others concerning his estate. Probate litigation regarding streaming rights to some of his songs and other issues has finally been resolved. Illinois residents who find themselves facing protracted probate proceedings can reach out for legal support to help them solve their problems as well.  

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