Chicago Estate Planning | Illinois Estate Litigation

Illinois estate litigation in some cases cannot be avoided; at other times, Illinois estate litigation should not be avoided in order to protect the innocent and wronged. Smart Illinois estate planning generally though is the best method to avoid unnecessary estate litigation that may be  otherwise time-consuming and costly. It is thus important to understand the common causes of estate litigation in order to understand the role of estate planning in preventing exhausting legal battles. Whether it be will contests and trust litigation or guardianship litigation and fiduciary litigation, our Chicago estate planning attorneys provided experienced legal counsel for any estate planning disputes.

Illinois Estate Litigation Causes

One of the most common Illinois estate litigation challenges is the claim of testamentary capacity. While definitions of capacity can vary based on the circumstances of each case, the judicial assumption is that every adult who enters into an estate planning matter is of proper capacity. This places the burden of proof upon the opposing party, however this legal process may still cost the defending client significant time and money. For this reason, it is crucial to understand the relevant  state clauses and laws before structuring any estate planning device. Our Chicago estate planning attorneys are experienced with communicating the necessary legal mechanics of any estate planning document to our clients. We also advise when drafting any disputable estate planning device to have a medical doctor and psychologist present in order to protect against claims of testamentary capacity.

Another popular estate litigation cause comes from claims of fraud, duress and undue influence. The shared trait between all of these claims is the notion that the client did not construct the estate planning device on their own accord. Our Chicago estate litigation attorneys encourage private consultation appointments in order for our attorneys to determine the client’s capacity, understanding of the events, and personal motivations for estate planning.

The last most frequent charge used to incite estate litigation is a breach of fiduciary duty. This may include an executor who fails to meet the agreements of the Last Will & Testament or a guardian who violates their responsibility of guardianship. Although these instance may difficult to avoid all together, our Chicago estate litigation lawyers strive to create a comprehensive and clear outline of fiduciary responsibilities during estate planning so that the fiduciary feels comfortable with their duties.

Exploring the causes of estate litigation is one of the most useful manners to understand the risks or improper estate planning in order to minimize the possibility of frivolous litigation suits. Our Chicago estate planning attorneys provide legal counsel in estate planning matters ranging from trusts administration to health care directives and offer legal representation in the event of any Illinois estate litigation complications.