When a person dies, surviving family members and loved ones are left to grieve their loss. They may also be facing complicated financial and property considerations related to the deceased person’s estate. This is especially true for individuals who have been appointed by the decedent to serve as an executor or trustee. We help our clients address concerns related to probate and trust administration and remain at their side every step of the process.

Uncontested

According to the Illinois Probate Act, most estates that include assets with a combined value of more than $150,000 are required to be administered through a court proceeding called probate. In addition, every estate owning real estate of any value and titled in the deceased’s name individually, will likely also require probate administration.

Through proper estate planning, certain types of assets, such assets held in trusts, jointly-owned assets and assets with beneficiary designations, can be excluded from probate.

Whether a loved one passes away with a trust or a will—or without either—the ultimate goal is the same: to ensure the decedent’s assets are properly identified, debts and taxes are settled, and remaining property is distributed to the rightful heirs or beneficiaries. This process may occur through trust administration or probate administration, depending on how the estate was structured.

In a trust administration, the trustee takes the lead in managing the trust’s assets and following the instructions set out in the trust document. In a probate case, the executor (also called a personal representative) is appointed by the court to carry out the terms of the will—or, if there is no will, to distribute assets under Illinois intestacy laws.

Both the trustee and the executor carry important legal duties: they must act in good faith, communicate with beneficiaries, and ensure all steps are completed accurately and lawfully.

At our firm, we guide trustees, executors, beneficiaries, heirs and other parties through each stage of the process, whether it’s filing legal notices, handling claims, preparing accountings, or making final distributions. When matters are undisputed, these processes are often relatively straightforward, especially with experienced counsel by your side.

We believe that clear communication and transparency are key to avoiding unnecessary conflict. When everyone understands their rights, the process, and the timeline, it greatly reduces the potential for disputes. As trusted estate administration attorneys, our job is not only to carry out the law—but to protect families, preserve relationships, and honor the wishes of the person who has passed.

Contested

Unfortunately, it is not uncommon for disputes to arise over the property and assets of the recently deceased person. These types of disputes are often complex and emotionally charged, and at their worst, they can tear families apart.

Our attorneys have successfully handled cases related to:

• Disputes over assets
• Contested wills and trusts, including issues of competency and undue influence
• Disputes between beneficiaries and the executor or trustee
• Breaches of fiduciary duties
• Fraudulent or invalid estate planning documents

Most of the probate and trust disputes that we handle are initiated by a beneficiary or a would-be beneficiary who feels that the estate plan or the actions of a third party with respect to the decedent unfairly denied him or her a particular asset or portion of the estate. We also handle a lot of disputes where the heirs or beneficiaries allege wrongdoing on the part of the trustee or the executor. We will help you evaluate whether there are sufficient grounds for a lawsuit based on fraud, lack of testamentary capacity, undue influence, or violations of duty by a fiduciary.