• Facebook

Illinois Probate and Trust Litigation Attorneys

DuPage County Probate Lawyers

Probate and trust litigation is necessary when disputes arise concerning interpreting the intention of the deceased as well as the manner of estate administration. The legal team at Roberts & Caruso offers affordable representation for those with interests in a trust, including beneficiaries and corporate entities. We provide efficient support and minimize unnecessary costs.

Understanding Probate and Trusts

Probate involves court proceedings in the jurisdiction of the deceased to ensure responsibilities such as asset distribution, debt repayment and tax obligations are handled properly. Named executors have the responsibility of providing estate administration. Executors are generally defined in a will, otherwise an administrator will be appointed in the absence of a will or if the executor is unwilling or unable to serve.

A trust is a vehicle for managing real and personal property in life and death. Like a will, it defines how assets will be administered, but generally trusts are administered and distributed outside of the probate process. Generally, trusts are brought into court only when they are being contested or the actions of the trustee are challenged, usually by disgruntled beneficiaries.  Some clients choose to have a clause in their trusts that disinherits a disgruntled beneficiary who causes expensive litigation to erode the trust assets. We take great pains to avoid the risk of litigation at all times.

Helping Clients Navigate Probate and Trust Litigation Issues

When you decide to work with our firm, we will take the time to explore all aspects of any dispute, create a strategy for dismantling frivolous claims, and properly respond to viable complaints. Our main focus is to provide a just solution to handling delicate estate matters, while keeping our clients’ best interests a top priority. We have a depth of experience with probate and trust disputes including, but not limited to:

  • Contested estates, wills and trusts
  • Breaches of Fiduciary Duty
  • Mismanagement of estate
  • Failure of executor to perform required duties
  • Misconduct of a named executor
  • Misappropriation of estate assets
  • Non-payment of debts
  • Tax issues
  • Will contests over more than one will
  • Trust contests over more than one trust
  • Undue Influence cases
  • Exploitation of Elderly
  • Elder Abuse
  • Custodial Care Claims
  • Hiding of Estate Assets

We will thoroughly examine all communications, financial paper trails and supporting evidence to provide you with a complete picture of estate activities. No matter what direction the claims take us, you can rest assured that we know how to handle the complexities of estate law.

Please contact Roberts & Caruso to schedule a free initial consultation to discuss your estate litigation matter. If you would like to proceed with our firm and retain the services of our attorneys, we will begin working on your case immediately and keep you informed throughout the process. We have flexible appointments available at our offices in Wheaton, Illinois and Chicago, Illinois. We look forward to serving you.