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 an…
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When a loved one passes away, their will serves as the blueprint for distributing their estate. However, disputes over the validity of the will can arise, and in Illinois, there are two ways to contest the validity of a will. Illinois is a so-called…
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Navigating a contested estate can be a challenging and emotional experience. If you’re facing a situation where your inheritance is at risk, it’s crucial to understand the steps you need to take to protect your rights. This guide will wal…
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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…
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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,…
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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…
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After more than 4 years of litigation, Matthew R. 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 pl…
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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…
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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…
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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.
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