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Illinois Lawyers Handling Will Contests and Fiduciary Disputes

Even the most carefully constructed estate plans can be challenged. Circumstances change, unforeseen events occur and the relationships between individuals may break down. An experienced estate litigation attorney can assist when problems arise in the administration of an estate.

Examples of Estate Litigation

At the Barrington, Illinois, law firm of Kelleher & Buckley, LLC, our litigation department helps clients resolve disputes over wills, trusts and guardianships. We also handle problems arising from real property such as land, buildings, art, antiques and other valuables. Our lawyers represent beneficiaries, executors, trustees and fiduciaries in matters involving probate and trust administration. We handle cases involving:

  • Trust litigation
  • Will contests
  • Issues of undue influence, duress and lack of testator capacity
  • Issues regarding disposition of family businesses
  • Sale of estate assets
  • Breach of fiduciary duty
  • Lack of clarity in will or trust language
  • Ownership disputes over property, such as real estate, that is listed as part of an estate
  • Lawsuits and collection efforts against estates

Our attorneys have extensive experience helping to resolve matters such as these in state and federal courts and relevant administrative agencies. Our firm also handles arbitrations and mediations to achieve resolution in a less confrontational and often less expensive manner. Whatever the issues involved in an estate, trust or probate dispute, our lawyers have the knowledge to develop a strategy to resolve a problem effectively and quickly.

We not only handle estate litigation, but teach it as well. Our lawyers lecture and speak frequently at continuing legal education seminars and other venues. As a result, we stay current with developments in the law, acquiring knowledge of changes that can benefit our clients significantly.

We know that emotions can run high in disputes over a family member’s estate. Our lawyers are sensitive to the issues involved and take the time to listen to our clients to reveal the full scope of the problem. In this way, we help minimize the stress and animosity that often accompanies estate litigation proceedings.

Illinois Trust Dispute Attorneys

Trust litigation is a type of estate litigation involving disputes over the intentions and administration of a trust. Even a trust created by a skilled trusts and estates lawyer can be challenged. When this happens, it is important to consult a lawyer with knowledge and experience handling this type of litigation.

At the Barrington law firm of Kelleher & Buckley, LLC, our attorneys undertake trust litigation for our clients. Because litigation can be expensive, our goal is always to resolve the matter as quickly and effectively as possible to preserve the assets of the trust. We represent individual and corporate fiduciaries, beneficiaries and others with interest in a trust.

Issues in Trust Litigation

Our litigation attorneys handle a range of matters, including those arising from disputes over:

  • Breach of fiduciary duty
  • Asset management
  • Accounting
  • Sale and purchase of assets
  • Claims
  • Taxation issues
  • Delayed distributions of trust funds
  • Missing assets
  • Enforcing trust limitations
  • Trust reformation

Our firm represents both plaintiffs and defendants. For example, in one case, we might defend against a breach of fiduciary duty claim in a trustee dispute. In another, we might bring suit against a trustee on behalf of beneficiaries seeking to force a trustee to release accounting records. Trust litigation can take many forms, and our lawyers have the knowledge and skill to handle any trust litigation, however complex.

We not only practice in this area of the law, but we teach it as well, speaking and lecturing at continuing legal education seminars and other venues. This allows us to maintain a high level of knowledge about changes in the trust litigation field that could affect our clients.

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