Families may quarrel at the best of times, but conflicts could become especially intense when there are disagreements over an estate is involved. Even when an estate plan has been crafted in careful compliance with legal requirements and the wishes of the deceased, that plan may be challenged.

A Naperville estate litigation lawyer is there to help when conflict arises over the administration of an estate. Whether you want to uphold terms as they are being interpreted or seek to challenge the validity of documents or the interpretation of those documents, a trusts and estates lawyer experienced with estate litigation could fight for your rights to help reach an equitable result.

How an Estate Litigation Lawyer Could Help

Going to court is expensive and has the potential to draw out the process of settling an estate. Working with an experienced Naperville estate litigation lawyer as soon as conflict arises could help prevent a disagreement from turning into a costly court battle. An attorney experienced with the litigation of estate issues could negotiate a settlement that resolves conflicts in a more cost-effective manner or represent a person’s interests during alternative dispute resolution.

If a dispute does require adjudication before a judge, an estate litigation lawyer could investigate and present evidence to support a claim persuasively. A knowledgeable litigation attorney knows what to expect at each stage of the process and how to take advantage of all available opportunities to advance the interests of the parties involved.

Litigation Involving Wills in Naperville

Estate litigation in Naperville frequently involves the terms of a will. Family members or others affiliated with the deceased person may either contest the validity of a will itself or the interpretation of terms in the will.

Litigation may center on the question of whether someone exerted undue influence over the deceased or whether the testator lacked the capacity to create or change a will. There may be disputes over the ownership and disposition of real estate or family businesses. Additionally, sometimes creditors bring an action against an estate to collect amounts owed. An estate litigation lawyer in Naperville understands the types of issues that may arise and the high emotions that may be evoked, as well as legal concerns such as the Illinois Probate Act.

Disputes Involving Trusts and Probating Them

Estate litigation also frequently focuses on the administration or intent of a trust. Questions that arise during litigation often focus on:

  • Sale of assets by a trust
  • Distribution of trust funds
  • Handling of tax issues
  • Alleged breach of fiduciary duty
  • Reformation of trust terms
  • Accounting practices
  • Missing assets

Trusts are complex, and therefore, trust litigation is as well. Many trustees in Naperville do not realize that they face personal liability if it is alleged that they mishandled trust property. When problems arise, it is advisable to work with a Naperville estate litigation lawyer with advocacy skills as well as a thorough understanding of trust and estate issues in probate court.

Consult an Experienced Naperville Estate Litigation Attorney

Consulting an estate litigation attorney at the first hint of conflict could resolve many potential concerns before they devolve into heated discontent. Knowledge of the legal issues and skills in advocacy and dispute resolution make a Naperville estate litigation lawyer ideally positioned to help reach a solution that protects your interests.

An estate litigation attorney could also review documents to look for the potential for conflict and suggest changes to avoid problems in the future. For a free consultation to learn the advantages an experienced estate litigation lawyer could bring to your situation, call now for a consultation.