Elgin, IL Probate Litigation Lawyer
The time following the death of a loved one is filled with grief and emotional challenges. When disputes arise over their will, trust, or the administration of their estate, the stress can become unbearable. Probate litigation is the formal court process for resolving these high-stakes conflicts. At The Law Offices of Anthony R. Scifo, we are an experienced trial firm that represents heirs, beneficiaries, and fiduciaries in complex probate disputes in Elgin and throughout Kane County. Our goal is to protect your rights, honor your loved one’s true intentions, and preserve the assets they worked a lifetime to build.
Whether you are challenging the validity of a will, questioning the actions of an executor, or defending an estate from an unjust claim, you need a law firm with a deep understanding of probate law and a proven record of success in the courtroom. We handle these sensitive family matters with the seriousness and determination they deserve. To discuss your case in a free, confidential consultation, please call our Elgin office at (847) 628-8311.
When Grief is Complicated by Conflict: Common Probate Disputes
Our probate litigation practice encompasses a wide range of disputes that can arise during the administration of an estate or trust. We are prepared to handle any challenge, including:
Will & Trust Contests
This is the most common form of probate litigation. We represent clients seeking to invalidate a will or trust based on legal grounds such as lack of testamentary capacity, undue influence by a manipulative individual, fraud, or improper execution of the document.
Breach of Fiduciary Duty by Executors & Trustees
Executors and trustees have a strict legal duty to act in the best interests of the beneficiaries. We represent beneficiaries who have been harmed by a fiduciary’s misconduct, including self-dealing, mismanaging assets, or failing to make proper distributions. We also provide guidance to executors and trustees to help them avoid these pitfalls.
Estate & Creditor Claim Litigation
We represent estates in defending against invalid or fraudulent claims filed by alleged creditors. Conversely, we also represent legitimate creditors who have a valid claim against an estate and need to navigate the complex legal process to ensure their claim is properly filed and paid.
Invoking the Illinois Slayer Statute
In the rare and tragic cases where one person causes the death of another, Illinois law is clear: a person who intentionally and unjustifiably causes a death cannot financially benefit from it. We have the experience to litigate these sensitive matters to prevent a wrongdoer from inheriting from their victim.
The Probate Litigation Process in Kane County
Contesting a will or resolving an estate dispute requires navigating the specific rules and procedures of the probate court. The process, managed by the Kane County Circuit Clerk’s Probate Division, is complex and deadline-driven. Our approach involves:
- Thorough Investigation: We gather all critical evidence, including medical records to assess capacity, financial statements to trace assets, and communications between family members.
- Witness Depositions: We conduct sworn testimony of key witnesses, such as caregivers, friends, neighbors, and the attorney who drafted the contested document.
- Strategic Negotiation: We are skilled negotiators who will work to achieve a favorable settlement that avoids the cost and stress of a trial whenever possible.
- Trial-Ready Representation: If a fair settlement cannot be reached, we are always prepared to aggressively advocate for your rights in front of a judge.
Frequently Asked Questions About Probate Litigation
Who has the legal right to contest a will in Illinois?
To file a will contest, you must be an “interested person.” This typically means you are an heir who would have inherited from the deceased if they had died without a will, or you were a named beneficiary in a prior, valid will.
How long do I have to contest a will?
The deadline is extremely strict. In Illinois, a petition to contest the validity of a will must be filed with the court within six months from the date the will is admitted to probate. If you miss this deadline, you will likely lose your right to challenge the will forever.
What is “undue influence”?
Undue influence is a form of manipulation where a person in a position of power and trust uses that power to improperly persuade a vulnerable individual (the testator) to change their will or trust in a way that benefits the manipulator, contrary to the testator’s own wishes.
Protecting Your Inheritance and Your Loved One’s Legacy
You have the right to ensure your loved one’s final wishes are honored and that their legacy is protected from fraud and misconduct. The Law Offices of Anthony R. Scifo will provide the strong, experienced representation you need to fight for what is right.
Call our Elgin office today at (847) 628-8311 for a free and confidential consultation about your probate litigation matter.