Oak Brook Estate Litigation Lawyer

If you anticipate disputes with an estate that you are administering, an Oak Brook estate litigation lawyer can help. Litigation over state probate challenges occurs in probate court through lawsuits, and any appeals are heard in appellate courts. Our experienced trusts and estates attorneys at the Estate and Probate Legal Group understand these processes and the issues that may arise during estate administration. We have litigation experience to represent your interests through all phases of your case.

What Are Common Estate Litigation Issues?

The issues that an attorney might address in an Oak Brook lawsuit involving an estate will always be specific to the facts of that particular estate. At the Estate and Probate Legal Group, we have litigation experience with challenges involving:

• Claims that someone exerted improper influence to force a decedent to change their will
• Arguments that the decedent did not have the mental capacity to execute a valid will
• Questions around the validity of an heir’s claims to ownership of estate assets
• Procedural issues with the execution of the will, such as improper witnessing of signatures or drafting errors
• Modifications to a will that are erroneous or invalid
• Questions of whether a named executor is complying with their fiduciary or other obligations during the estate administration process
• Disagreements over creditors’ claims involving the estate’s debts
• Payments of excessive fees to estate administrators

While these disputes can be complex and emotionally charged, a skilled lawyer can evaluate the circumstances, protect your interests, and work toward a fair resolution.

Litigation Will Extend the Estate Administration Process

Most estates are fully probated and closed within 18 months after the initial filing date of a probate petition, but an estate under litigation can take several years before all issues are resolved.

If you anticipate any litigation in the Oak Brook estate that you are administering, discuss your concerns with your lawyer as soon as you become aware of a potential lawsuit. Your lawyer may then be able to resolve issues through negotiation or mediation before courtroom litigation further slows the probate process.

Other Tools and Techniques To Manage Estate Litigation

While it is important to retain an Oak Brook attorney who can handle estate litigation issues, your legal counsel can also advise on how to facilitate the probate process with fewer disputes and arguments. An experienced lawyer will advise you to:

• Keep communicating with all persons who may have an interest in the estate, and give honest answers and explanations about how you are handling the estate probate
• Document all decisions, and maintain and distribute copies of all documents and materials affecting the estate
• Work with trustworthy fiduciaries to manage and distribute the estate’s assets
• Address the unequal distribution of estate assets as soon as you become aware of them, with clear and transparent explanations

Litigation inevitably requires time and energy, and can impose financial burdens on an estate’s value. This might not prevent a claimant with a legitimate argument from pursuing litigation, but it can prevent minor issues from becoming a source of unnecessary litigation costs.

Speak With an Oak Brook Estate Litigation Attorney for Assistance

If you have no alternative to filing a lawsuit to resolve an estate probate issue, or if the estate you are administering has been sued in any capacity, call an Oak Brook estate litigation lawyer from the Estate and Probate Legal Group for professional advice and assistance. 

We will provide an analysis of your case, discuss alternatives for how you can best manage estate challenges, develop an estate litigation budget for your review, and, if you retain our services, represent you through all phases of an estate lawsuit. Contact us today.