South Elgin Probate Litigation Attorneys

Lawyers for Contested Wills and Estate Litigation in Kane County

Probate disputes can arise in situations that are emotionally difficult. When family members and beneficiaries are already coping with the loss of a loved one, the last thing they will usually want to deal with is legal issues related to the administration of an estate. However, when disagreements over the validity of a will, concerns about how an estate is being administered, or conflicts between beneficiaries, executors, and creditors arise, probate litigation may become necessary.

At Ariano Hardy Ritt Richmond Lytle & Goettel P.C., our attorneys provide legal guidance and representation for clients who need to resolve estate-related disputes. We can work to resolve these issues efficiently while meeting the requirements established by Illinois law. Whether representing an executor during the administration of an estate or a beneficiary who is seeking to protect their inheritance rights, we focus on helping our clients find practical solutions.

Reasons a Will May Be Contested in Illinois

Will contests are a common reason for probate litigation. Under Illinois law, interested parties such as heirs or beneficiaries may challenge the validity of a will for several reasons. Our lawyers can help clients evaluate whether a will contest is appropriate and how to proceed.

Common grounds for contesting a will include:

• Lack of Testamentary Capacity: A will may be challenged if a person did not have the mental capacity to understand the decisions made when creating a will, the extent of their assets, or other issues that could affect the distribution of their estate.
• Undue Influence: In some cases, a person may be accused of exerting pressure on a person or engaging in manipulation, causing them to change their will in a way that did not reflect their true intentions.
• Improper Execution: Illinois law sets specific requirements for signing and witnessing a will. Failure to comply with these formalities can raise questions about a will's validity.
• Fraud or Forgery: A will may be contested if it is believed that the document was changed after it was signed or if a person was misled into signing a will that did not reflect their wishes.

Our attorneys can review medical records, witness statements, prior estate planning documents, and other evidence to determine whether a will may be challenged. We can help our clients meet the strict time limits for filing a petition to contest a will, and we can provide representation to help ensure that a person's wishes will be followed correctly.

Assisting Executors and Estate Representatives in Probate Litigation

An executor or another person who is appointed as the personal representative of an estate will need to meet certain legal duties. They must manage an estate's assets responsibly, pay valid debts, and distribute property according to the will or intestacy laws. When disputes arise, the role of an executor can become much more complex. Our lawyers can help executors address challenges from beneficiaries or creditors, making sure they can fulfill their duties while addressing legal claims.

Probate litigation involving executors may include allegations of mismanagement, failure to provide the proper accountings, or disputes over asset valuation and distribution. Creditors may file claims against an estate, and these claims must be evaluated and resolved during the probate process. Our attorneys can assist estate representatives with:

• Responding to claims filed against an estate
• Defending the validity of a will
• Preparing and presenting the required accountings
• Seeking court approval for disputed actions
• Resolving conflicts among beneficiaries

By providing clear guidance and representation in court, we can help executors meet their responsibilities while minimizing personal risk. With our help, an executor can make sure the wishes of a deceased person will be carried out correctly.

Helping Beneficiaries Protect Their Rights and Interests

Beneficiaries may become concerned when they believe an estate is not being handled properly or when a will does not reflect what they believe to be the decedent's true intentions. Our lawyers can represent beneficiaries, helping them take legal action to protect their rights during probate.

Through probate litigation, beneficiaries may challenge the validity of a will, object to an executor's conduct, or take steps to remove an executor who has failed to meet their fiduciary duties. Beneficiaries have the right to receive information about the administration of an estate, and they can raise objections in court when appropriate.

Our attorneys help beneficiaries understand their options and present claims or objections supported by evidence. We can address concerns such as improper asset distribution, unexplained delays, or failure to follow the terms of the will. We will work to ensure that the interests of beneficiaries are protected throughout the probate process.

Contact Our South Elgin, IL Probate Litigation Lawyers

Disputes that arise during the administration of an estate can place significant emotional and financial strain on executors and beneficiaries. An experienced lawyer can help executors or beneficiaries understand their rights and responsibilities and the options for resolving estate-related disputes. At Ariano Hardy Ritt Richmond Lytle & Goettel P.C., we provide comprehensive representation for clients in probate disputes, helping to ensure that an estate will be administered correctly. To discuss your situation and get effective legal representation, contact our Kane County estate litigation attorneys at 847-695-2400 and arrange a free consultation.