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If you contest or have a claim against an estate, will, or trust, you should contact us as soon as possible - any delay may result in your claim being barred and/or dissipation of the assets. In probate, a petition to require formal proof of a will must be filed within 42 days after the admission of the will to probate. A petition to contest the validity of a will typically must be filed within 6 months after the admission of a will to probate. Claims against an estate must be filed in a timely manner. Regardless of whether a deceased's assets are in trust, joint tenancy, or otherwise not subject to probate, you must challenge improper trusts or transfers in a timely manner to prevent your challenge from being barred and/or the dissipation of assets. Here are a few examples of where you might consider consulting with us about filing or defending a trust & estate lawsuit (this list is by no means exhaustive):
- Decedent was subjected to undue or overpowering influence by a family member or outsider
- Disagreements arising over the intent or meaning of a will or trust
- The executor or trustee has improperly used estate or trust assets for his or her own benefit
- The trustee is refusing to make distributions to the beneficiaries
- The executor or trustee improperly invested trust assets
- Estate or trust property is unaccounted for or missing
- Co-trustees or co-executors are unable to agree on trust or estate matters
- The trustee favors one beneficiary over another
- The will or trust is improperly signed or witnessed or otherwise invalid
- Family members are disinherited
- An heir or legatee wants to disclaim their interest in a trust or estate
- Inheritance is unequal
- A claim - debts are owed from estate or trust assets
- A will or trust is ambiguous
- You are a trustee or executor and a claim or cause of action has been brought against you
- An agent with a power of attorney for the deceased has made gifts to himself or herself or to a third party
- An agent with a power of attorney for the deceased has transferred assets of the deceased into joint tenancy accounts
- An agent with a power of attorney for the deceased has withdrawn money from accounts with beneficiaries such as an IRA or payment upon death accounts
- An original will has disappeared or been destroyed
A probate estate may be opened in Illinois if, at the time of death, the deceased resided in Illinois and/or owned any real estate or held any personal property in Illinois. Therefore, depending upon the circumstances, you may consider opening an estate in Illinois even if the deceased non-Illinois resident only had a small amount of personal property in Illinois - $50, for example.
Cases involving trust & estate litigation are handled by our office on an hourly or contingency basis, depending upon the circumstances.
We also represent estates that are not contested. See Estate Administration.
To schedule your consultation with our firm, contact our office. |