Contesting a Trust in Illinois: The Role of Probate Court

Many people assume that trusts are only for the wealthy, but in reality, they are an effective tool for estate planning at all income levels. A trust allows assets to bypass probate court, ensuring a smoother and more private transfer of wealth. However, disputes over trusts can still arise, and when they do, probate court is often involved in resolving these conflicts.

If you believe a trust was improperly created, you were wrongfully left out, or the trustee is mismanaging assets, you may be able to contest it. But probate law in Illinois sets strict time limits for such challenges.

Trusts and the Probate Process

A trust is a legal document that allows a person (the grantor) to transfer assets to a trustee, who manages them for beneficiaries. Unlike a will, a trust helps avoid probate because assets are legally owned by the trust and not part of the deceased’s estate. However, when someone challenges a trust, the probate court may need to determine its validity.

Some reasons a trust may be contested in probate court include:

• Lack of proper execution – The trust was not legally created under Illinois law.
• Lack of capacity – The grantor was not of sound mind when signing the trust.
• Undue influence or coercion – Someone pressured or manipulated the grantor into making changes.
• Fraud – The trust was based on false information or forged documents.
• Breach of fiduciary duty – The trustee is mismanaging or improperly using trust assets.

If you suspect any of these issues, a probate attorney can help you take the proper legal steps.

How Probate Court Handles Trust Disputes

Unlike a will contest, which is handled entirely in probate court, trust disputes may involve both probate and civil court proceedings. The Illinois Probate Act grants courts the authority to hear cases involving trust fraud, undue influence, and breaches of fiduciary duty.

When contesting a trust in probate court, you should be prepared for:

• Litigation – If a settlement isn’t reached, your case may go to trial.
• Public court proceedings – Unlike the private nature of a trust, a court challenge makes the dispute public.
• Expert testimony – You may need medical or financial experts to support your claim.

Given these complexities, it’s crucial to have a probate litigation attorney who understands how Illinois courts handle these cases.

Illinois Statute of Limitations for Contesting a Trust

You cannot contest a trust at any time—Illinois law sets strict deadlines:

• 2 years from the grantor’s death, OR
• 6 months from the date the trustee notifies beneficiaries, whichever comes first.

If you do not file a claim within this timeframe, the probate court will likely bar your case. This is why acting quickly is essential.

Protecting Your Rights in Probate Court

Whether you are challenging a trust or defending your rightful inheritance, you need a skilled Illinois probate attorney who can:

• Explain the Illinois Probate Act and how it applies to trusts.
• Help you gather the necessary evidence and witnesses.
• Represent you in court hearings and negotiations.

Speak With an Oak Brook Probate Lawyer

If you need to contest a trust or have questions about the Illinois probate process, contact the Estate & Probate Legal Group at 630-864-5835. We serve clients throughout Cook, DuPage, Kane, Kendall, and Will counties and can help you protect your inheritance in probate court.