Probate a Will

Why Probate a Will

A will is a legal document that allows you to distribute your assets and property after your death. It can also be used for other purposes, such as naming an executor or trustee to oversee the property left behind by the deceased person or, if you ha… Read More
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Who Can Sue for Breach of…

Who Can Sue for Breach of Fiduciary Duty?

Introduction A fiduciary is a person or entity who has been entrusted with the care of another’s assets, generally for the purpose of carrying out the desires or intent of the trustor. Because of the trust inherent in a fiduciary relationship,… Read More
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Will contests can be successful

How Often are Will Contests Successful?

Introduction The process for contesting a will varies by state, and it can be a complicated matter. However, here’s a general overview of how the court would go about invalidating one through will contests: Prove that it was not signed or witne… Read More
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Categories: Contested Estates
Matthew Hess

Matthew Hess Obtains Summary Judgment in Presumptively Void Transfers Act Case

After more than 4 years of litigation, Matthew Hess recently obtained summary judgment on behalf of a woman who was being sued by the two sons of her close family friend, after the friend designated her as the beneficiary on a 401(k) account in place… Read More
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Businessman place the money heap in a row of wooden domino that continuously falling down to stop the crash

Recovering Assets in a Citation Proceeding

When an estate goes through the probate process in Illinois, an executor or administrator has the responsibility to accurately identify and report the property and assets that comprise it. However, their job can often become more difficult if a wrong… Read More
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Categories: Contested Estates
Can I Contest a Will?

Can I Contest a Will?

Losing a family member is hard enough — and it can be even more emotionally difficult if you learn that you’ve been excluded from their last will and testament. In the event your loved one passed away and you were wrongfully left out of their wil… Read More
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Categories: Contested Estates
Breach of Fiduciary Duty…

Breach of Fiduciary Duty Found in Case Involving Phyllis Schlafly Trust

Following the death of Phyllis Schlafly in 2016, a dispute arose among two of her adult children regarding an alleged breach of fiduciary duty in the disposition of assets that were held in trust. Read More
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Second District Revives L…

Second District Revives Lawsuit Between Siblings who were Co-Trustees of Parents’ Trust

The 2nd District Appellate Court recently ruled that the Kendall County Court committed reversible error when it dismissed a lawsuit brought by the plaintiff against his two siblings arising out of the their unequal division of a trust estate. Read More
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Trustee's Attempt to Evad…

Trustee's Attempt to Evade Service Rejected

Illinois’ Third District Appellate Court recently affirmed the judgment of a Grundy County trial court in favor of the trustee of one trust against the trustee of another trust, rejecting the defendant trustee’s attempt to evade service of proces… Read More
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Categories: Contested Estates
Second District Applies S…

Second District Applies Savings Statute to Will Contest

The Second District disagreed, however, and in so doing has unequivocally answered “yes” to the question of whether the Savings Statute applies to will contest complaints. Read More
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Categories: Contested Estates