Introduction
One of the questions I am most often asked when discussing potential litigation with new clients is, “how long will my case take?” Invariably, my answer is always the unsatisfying “it depends.”
Estate litigation is a stressful and time-consuming process, often arising when disputes occur over a will, trust, or the administration of an estate. Whether it's a will contest, a breach of fiduciary duty claim, or allegations of undue influence, the length of time it takes to resolve estate litigation in Illinois varies depending on numerous factors.
Factors That Affect the Duration of Estate Litigation
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Nature of the Dispute
The type of legal challenge significantly impacts how long estate litigation will last.
- Will Contests: Cases where heirs or beneficiaries challenge the validity of a will can take longer if extensive discovery or expert testimony is required.
- Trust Disputes: Allegations of mismanagement or breach of fiduciary duty by a trustee may involve financial audits and complex legal arguments. These care are often prolonged initially due to the necessity of obtaining an accounting and other financial information before the actual litigation ensues.
- Claims of Undue Influence or Lack of Capacity: These cases often require expert medical opinions and witness testimony, which can prolong the litigation.
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Court Procedures and Case Filings
The court’s scheduling and procedures also influence the timeline. Once a case is filed, the court will set deadlines for pleadings, motions, and hearings. Illinois courts, particularly in busy jurisdictions like Cook County, may have significant backlogs that extend the litigation process.
Over the course of a lawsuit, the court will schedule periodic status hearings where the attorneys appear before the judge to provide updates on what is going on in the case. Oftentimes, motions are filed that require additional hearings to be scheduled. Some motions are fairly routine, like requesting permission to do certain things or extend a deadline. Other motions are more substantive and require the court to schedule a briefing schedule to allow the matter to be fully briefed before scheduling a substantive hearing.
On a substantive motion, like a motion to dismiss or for summary judgment, the briefing itself can take up to 60 days. Depending on how congested the judge’s docket it, a hearing may not be set for 3 or 4 months after the motion is filed.
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Discovery Process
The discovery phase is often the longest part of estate litigation. This is where the parties gather the factual information and evidence that will ultimately be used at trial. Discovery may involve the following:
- Issuing interrogatories and requests for documents.
- Conducting the depositions of witnesses, executors, or trustees.
- Subpoenas for financial records, emails, or other communications.
- Expert testimony from forensic accountants or medical professionals.
This phase alone can take anywhere from a few months to over a year, depending on the complexity of the case.
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Mediation and Settlement Efforts
Estate litigation does not always go to trial. Many disputes are resolved through mediation or settlement negotiations. If parties are willing to compromise, cases may settle within months rather than years. However, if mediation fails, litigation continues.
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Trial and Post-Trial Proceedings
If a case proceeds to trial, the process can be extended significantly. A trial itself may last a few days or several weeks, depending on the number of witnesses and complexity of legal arguments. Even after a trial concludes, appeals can add another year or more to the litigation.
Typical Timeline for Estate Litigation in Illinois
While no two cases are exactly alike, estate litigation in Illinois generally follows these timeframes:
- 6-12 months: Cases that settle early through negotiation or mediation.
- 1-2 years: Cases requiring extensive discovery and multiple court appearances.
- 2+ years: Cases that go to trial, involve appeals, or face court delays.
How to Navigate Estate Litigation Efficiently
To minimize delays and legal costs, consider these strategies:
- Hire an Experienced Attorney: Working with a knowledgeable estate litigation attorney can help streamline the process and avoid unnecessary delays.
- Consider Mediation: Alternative dispute resolution methods can lead to faster settlements.
- Early Case Evaluation: Assessing the strengths and weaknesses of a case early on can help determine the best legal strategy.
Conclusion
Estate litigation in Illinois can take anywhere from several months to multiple years, depending on the complexity of the dispute and the court’s schedule. While some cases resolve quickly through settlement, others require extensive litigation. If you are involved in an estate dispute, having an experienced attorney on your side can make a significant difference in the outcome and timeline of your case.
At Hess Law Firm, we understand the challenges of estate litigation and work diligently to protect our clients’ rights. Contact us today to schedule a consultation and discuss your legal options at (847) 367-6990, or at info@hesslawfirm.com. You can also schedule a free 30-minute consultation simply by clicking HERE.