Understanding Probate Litigation

Illinois Estate Litigation Attorney | Chicago Probate LitigationProbate litigation includes nearly all of the same issues as will contests, trust litigation and guardianship litigation. The key differentiating factor between probate litigation and these other forms of estate litigation is the breadth of probate litigation. Whereas the latter all handle quite specific issues, probate litigation is valuable in its ability to address multifaceted or complicated estate planning disputes. For instance, consider a Last Will & Testament that decides the guardianship for a minor and establishes a child’s trust  for that minor. Here, a will contest may not properly confront the complex provisions of guardianship or trusts. Some valuable uses of probate litigation include legal disputes over guardianship, asset protection, powers of attorney and health care directives. In general, it is wise to consider probate litigation as alternative to any other form of estate litigation due to its flexible and fluid nature.

Avoiding Probate Litigation

In spite of the many advantages of probate litigation, it is also best to avoid the time, emotional costs, and financial costs of any litigation battle. The most effective solution to avoiding probate litigation, as well as other forms of estate litigation, would be proactive and careful estate planning for the future. Revocable life insurance trusts can facilitate the disposition of assets between a spouse and children. Planning for incapacity and outline health care directives can also remove the need to retroactively alter unclear estate plans at a later date. A detailed and generous last will and testament can also ensure the future care for loved ones and eliminate the possibility of inheritance quarrels.

Many time-sensitive conditions can be acting in the estate litigation process that make it crucial to consult a proper litigation attorney as soon as possible. Our Chicago probate litigation attorneys provide legal counsel to individuals, families and businesses who are facing legal conflicts with wills, trusts, guardianship, power of attorney, probate or other estate planning issues.