DuPage County Trust & Estate Disputes Attorneys
Skilled and Dedicated Trust and Estate Litigation Lawyers in Illinois
Wills and trusts are used by many estate holders to pass along financial and physical assets to the next generation. In the case of a will, it must go through the probate process. Assets in a trust can be passed through to beneficiaries (per the instructions of the trust) without the need for probate. Issues involving estates and trusts can become quite contentious when one (or more) of the beneficiaries believes they are being treated unfairly. When trust and estate disputes arise, it is important to have experienced legal counsel in your corner to guide you toward a positive resolution.
At Momkus McCluskey LLC, we have extensive experience representing clients involved in trust and estate litigation. We represent corporate fiduciaries, individual trustees and executors as well as beneficiaries of a trust or estate. Our civil litigation group works closely with our probate and estate administration group to give our clients a comprehensive solution that fully addresses their needs and offers the most practical strategy to protect their interests. Our attorneys are responsive and compassionate with an unwavering commitment to effectively resolving your case. We help clients with a wide range of trust and estate disputes; including will contests, trust disputes, will and trust construction proceedings and other types of fiduciary litigation.
Will Contests and Trust Disputes in Illinois
Some of the common issues that lead to trust and estate disputes include:
- Will Interpretation: Disagreements may arise over property descriptions, beneficiary identification and areas where the will may be vaguely worded and/or difficult to interpret.
- Invalid Execution: The will or trust could be declared invalid if it was not properly drawn, signed, witnessed to or otherwise executed in accordance with Illinois law.
- Mental Incapacity: If the creator of the will was mentally incapacitated at the time of its creation, it may be contested by one or more beneficiaries.
- Undue Influence: If it can be proven that the creator of the will was pressured or coerced by one of the beneficiaries to make a change, the change can be reversed by the court.
- Breach of Fiduciary Duty: This occurs when the administrator fails to act in the best interests of the estate or trust and its owner. Examples include theft, fraud, misrepresentation and many others.
Disputes between heirs and beneficiaries are best resolved through negotiation, arbitration or mediation. However, there are times when an amicable settlement cannot be reached without trust and estate litigation. In such cases, our commercial and civil litigation team is there to aggressively advocate for your interests before the probate or chancery courts.
For skilled representation on trust and estate disputes in Illinois, contact Momkus McCluskey LLC today at (630) 434-0400 for a consultation. Our team of experienced and compassionate trust and estate litigation attorneys provides advice and counsel to clients in DuPage County, Illinois; including the communities of Wheaton, Naperville, Downers Grove and surrounding suburbs.