When written and administered appropriately, wills and trusts not only simplify the inheritance process but these estate tools also safeguard the financial interests of beneficiaries and grantors. However, problems arise when individuals commit unlawful acts to gain a financial advantage.
At Storm & Piscopo, P.C., we use our substantial knowledge of Illinois law and legal procedures to represent those who have been adversely affected by trust fiduciaries and those who use undue influence to gain an advantage over a person making a will or trust. Our attorneys have a proven record of success resolving will contests and trust litigation.
Using The Law To Hold Responsible Parties Accountable
Our lawyers design estate plans for families throughout Geneva and the surrounding area. We leverage this experience when we review the terms of the contested wills or scrutinize evidence provided regarding a fiduciary’s breach of contract.
We represent clients contesting a will or trust for reasons that include:
- Undue influence due to coercion by family members, guardians or other individuals in close contact with the testator
- Testamentary capacity, in which the testator is not of sound mind when drawing up the will
- Forgery or fraudulent acts that negatively affected beneficiaries or other interested parties
- Obtaining an accounting of assets and expenses of the estate or trust
Our attorneys have the trial experience necessary to advocate for our clients in trust litigation proceedings. We create strong arguments to support complex suits, such as:
- Self-dealing
- Improper execution of trust terms
- Inaccurate or fraudulent accounting
- Misuse of funds
With our assistance, our clients have received appropriate compensation for damages incurred by the breach of fiduciary duty or breach of trust.
Have You Changed Your Beneficiary Designations?
A recent court decision in Illinois has profound implications for inheritance when the deceased has been divorced. Under the ruling, if an individual did not change the beneficiary designation on assets such as an IRA or life insurance policy after obtaining a divorce, an ex-spouse who is still listed as a beneficiary can inherit those retirement assets even if that was not the intention under the divorce decree.
FAQs: Illinois Will And Trust Litigation
Will and trust disputes often arise during emotionally difficult moments, which can make the legal process feel overwhelming. These questions and answers offer practical guidance for Illinois families.
How long do I have to contest a will in Illinois?
Illinois law sets strict deadlines for challenging a will, and missing them can prevent the court from hearing your claim. In most cases, you must file a contest within six months of the will being admitted to probate. This deadline applies even if you believe the will is invalid due to undue influence, lack of capacity or improper execution.
Because the timeline is short, those who suspect wrongdoing should gather evidence and seek legal guidance early to preserve their rights.
Who has ‘standing’ to contest a will or trust?
Only certain individuals may challenge a will or trust in Illinois. Courts require proof that the person filing the claim has a direct, legally recognized interest. Those with a standing for a challenge typically include:
- Heirs who stand to inherit if the document is invalid
- Beneficiaries named in a prior version of the will or trust
- Individuals expressly named in the disputed document
These rules help ensure that only parties with something meaningful at stake can bring a claim.
What is a “no-contest” clause, and will it stop me from suing?
The no-contest clause is a provision in a will or trust stating that a beneficiary who challenges the document may lose some or all of their inheritance. Illinois courts enforce these clauses, but they do not apply when a beneficiary brings a good-faith challenge based on probable cause.
This means that those with credible evidence of fraud, coercion or misconduct may make a claim without automatically forfeiting their inheritance rights.
Can I recover my attorney fees in a trust dispute?
Courts in Illinois may award attorney fees in trust litigation, but it typically depends on the circumstances of the case. Fees are sometimes paid from the trust if the litigation benefits the trust as a whole, such as when misconduct by a trustee is uncovered. In other situations, the court may require an involved party who acted improperly to pay the other side’s fees.
Fee awards vary widely. Before initiating a dispute, parties should consider the potential financial risks and the possible outcomes. An attorney can help you understand if a formal dispute is right for your situation.
Arrange A Meeting With Us Today
In Illinois, interested parties have a limited period of time to contest wills and file trust suits in court. Delaying action can irreparably harm your case. When you make an appointment with our Geneva law firm, we will review the circumstances surrounding your case and give you an honest assessment of your available options.
We offer free initial consultations for many legal matters and charge reasonable rates for others. Call 630-232-6170 to schedule your appointment today. From our office in Geneva, we help clients in Batavia, Aurora, St. Charles and throughout Illinois.