Aurora, IL Estate Litigation Attorneys
Experienced Compassionate Estate Litigation Lawyers in Kane County
Estate or probate litigation usually includes decedent’s estates or the property and individual rights of minors or disabled adults. For decades, the trial lawyers at Kinnally Flaherty Krentz Loran Hodge & Masur P.C. have represented clients in probate litigation throughout the Chicagoland area. Our attorneys have the skills and knowledge necessary to handle even the most complex trust, estate or guardianship issues. Just as importantly, we understand the emotional dimension of these cases and we know what it takes to win. We offer the convenience and personalized service of a small suburban firm with the experience and resources of large Chicago firms.
When a loved one passes away, disputes often arise over the administration of the estate. With family conflicts and substantial sums of money often at stake, emotions can run high. If one or more heirs believe they are not being treated fairly, estate litigation may be necessary. To be successful in challenging the administration of an estate, however, you must present a compelling legal argument. For this reason, probate disputes should only be undertaken with the assistance of experienced legal counsel.
Will Contests in Illinois
Will contests are another facet of probate litigation. In order to contest a will in Illinois, you must have a financial interest, property right or fiduciary status. This is known as “standing.” In general, you have standing if you are a named beneficiary of the will or you are not a named beneficiary but would stand to inherit property if the will were invalidated.
Once standing has been established, you must have a valid legal reason for contesting the will. These include:
- Undue Influence: The will was created under coercion or duress to benefit one or more of the heirs.
- Mental Incapacity: The testator (creator of the will) lacked mental capacity at the time the will was created. For example, the testator had Alzheimer’s, dementia or other conditions that rendered him or her mentally incompetent at the time the will was executed.
- Interpretation Difficulties: The will is vaguely worded and it is difficult to interpret who the beneficiaries are and/or what property they will receive.
- Invalid Execution: The will was not signed in the presence of two adult witnesses in accordance with Illinois law.
- Breach of Fiduciary Duties: The executor has failed in his/her duty to faithfully administrate the affairs of the estate.
Probate Guardianship Cases in Illinois
The Illinois Probate Act allows for guardianship in appropriate cases for both minors and disabled adults. Generally speaking, guardianship may be appropriate when the best interests of the minor or disabled adult require representation. A person qualifies for guardianship if he/she is capable of providing for the needs of the minor or the disabled adult, and certain statutory requirements are met. The court may act on a petition to appoint a guardian or on its own motion when the circumstances so warrant.
To be successful in guardianship cases, it is essential to have an experienced and understanding legal team in your corner. At Kinnally Flaherty Krentz Loran Hodge & Masur P.C., we have been helping to navigate the waters of probate guardianship for decades. Our unique experience includes representing the Kane County Public Guardian in protecting the interests of disabled adults.
When it comes to estate disputes, will contests and guardianship issues, you need compassionate, knowledgeable and strong legal representation. For a personalized consultation with one of our attorneys, contact us today at 630-907-0909. From our offices in Aurora, IL, we represent clients in all phases of estate and probate litigation in Aurora, Batavia, Geneva, St. Charles, Elgin, Naperville, Oswego, Montgomery, Sugar Grove, Kane County, Kendall County, Will County, DuPage County, Cook County, Chicago, and surrounding Northern Illinois communities.