The discovery that assets have been stolen or hidden from a vulnerable loved one or a family estate is a profound violation of trust. Whether the wrongdoer is a relative, an executor, a caregiver, or an agent under a Power of Attorney, the goal is the same: to unlawfully enrich themselves at the expense of the rightful owners. For families in Elgin, IL, facing this situation, the path to justice can seem daunting, especially when the location and extent of the missing assets are unknown.
The Law Offices of Anthony R. Scifo specializes in aggressive asset recovery litigation. We utilize powerful and efficient legal tools specifically designed to uncover hidden assets and compel their return. We are not a collection agency; we are trial attorneys who initiate legal action to reclaim what is rightfully yours. If you need to recover stolen or concealed assets in the Elgin, IL area, contact our experienced litigation team immediately for a confidential consultation at 847-628-8311.
Has an Inheritance or a Loved One’s Property Been Stolen?
Asset recovery becomes necessary when a person in a position of trust—a fiduciary—abuses their power. This can happen in many contexts, but the outcome is always a loss for the beneficiaries or the vulnerable principal. Our firm is dedicated to holding these fiduciaries accountable and clawing back the property they have taken.
We pursue asset recovery in cases involving:
- Executors or trustees who misappropriate estate or trust funds.
- Agents who abuse their authority under a Power of Attorney.
- Caregivers who manipulate a senior into giving them money or property.
- Family members who take advantage of a vulnerable relative.
- Assets concealed or wrongfully transferred during divorce proceedings.
If you have a reasonable suspicion that assets are missing, Illinois law provides a direct and powerful path to discover the truth and reclaim your property.
The Power of Illinois Citation Proceedings
The primary tool we use for asset recovery is a “Citation to Discover and Recover Assets.” This is a unique and potent legal action within a probate or guardianship case, designed specifically for these situations. It is far more efficient than a standard, lengthy lawsuit.
How a Citation Works
A citation proceeding allows us to bring the suspected wrongdoer into court and question them under oath. We can legally force them to produce documents, financial records, and other evidence related to the missing assets. This process essentially places the burden of proof on them to show they acquired the property fairly and legally.
The Advantage of a Citation
This legal tool gives us the power of a full investigation, compelling the disclosure of bank statements, property transfers, and other crucial information that would otherwise remain hidden. If the court finds that assets were wrongfully taken, it can issue a direct order for their immediate return, including ordering financial institutions to turn over funds. This process is faster and more focused than traditional litigation, making it a formidable weapon for justice.
Don’t let thieves get away with what is rightfully yours. It’s time to fight back.
Call our Elgin asset recovery attorneys at 847-628-8311 today.
Our Asset Recovery Litigation Services
At The Law Offices of Anthony R. Scifo, our approach to asset recovery is meticulous and aggressive. We understand the tactics people use to hide money and property, and we know how to uncover them.
- Initial Case Analysis: We begin by reviewing your situation to determine if a citation proceeding or other legal action is the most effective path forward.
- Filing and Service of the Citation: We promptly file the necessary legal paperwork with the Kane County court and ensure the suspected wrongdoer is legally served with the citation, compelling their appearance in court.
- Aggressive Discovery and Examination: We conduct a thorough examination of the individual under oath and subpoena all relevant financial records to trace the flow of money and property.
- Litigation and Judgment: We present the evidence to the judge, arguing for a judgment that orders the return of all wrongfully taken assets, plus any associated costs and fees where applicable.
Our goal is not just to win a case, but to achieve a tangible result: the return of your property.
Why Choose Scifo Law for Asset Recovery in Elgin?
Asset recovery is a specialized field of litigation that requires a specific skill set. The attorneys you choose must have deep experience with Illinois citation proceedings and a tenacious attitude. The Law Offices of Anthony R. Scifo is a premier choice for families in Elgin because this is a core focus of our practice.
We have a well-earned reputation in the Kane County courts for our diligent and formidable approach to these cases. We understand the emotional toll these situations take on families and provide not only top-tier legal representation but also the compassionate support you need during a difficult time. We are committed to restoring what has been lost and delivering justice for our clients.
Frequently Asked Questions About Asset Recovery
What if we don’t know exactly what was taken or where it went?
- That is precisely what a citation proceeding is for. You do not need to have all the evidence upfront. The purpose of the citation is to give you the legal authority to discover that information by compelling testimony and the production of financial records.
How long does the asset recovery process take?
- While every case is different, citation proceedings are designed to be much faster than traditional lawsuits. The timeline can range from a few months to a year, depending on the complexity of the case and the level of cooperation from the other party.
What is the Illinois Probate Act?
- The Illinois Probate Act is the state law that governs wills, estates, trusts, and guardianships. The specific sections on citations (755 ILCS 5/16-1 and 5/16-2) provide the legal framework that allows us to file these powerful actions to recover assets on behalf of an estate or a ward.
