Contested Probate and Trust Litigation

The Contested Probate and Trust litigation attorneys at Lavelle Law are experienced in managing complex matters involving probate and trust disputes, accounting conflicts, as well as cases related to breach of fiduciary duty, fraud, misrepresentation, and other estate disputes. We represent parties in probate and chancery litigation matters such as will contests, guardianship estates, trust disputes, elder abuse, cases of undue influence, and fraud. Our litigators have trial experience in Illinois and federal courts, administrative hearings, and in alternative dispute resolution forums, such as arbitrations and mediations. When urgent issues arise, our litigation attorneys seek entry of emergency temporary guardianships, permanent injunctions, preliminary injunctions, and temporary restraining orders to protect your interests immediately. We also frequently act as local counsel for attorneys not licensed in Illinois but have clients with litigation pending in federal or state court in Illinois.

The most common actions concerning Contested Estates in Illinois include:

• Will Contests - this involves challenging a Will for reasons, such as lack of testamentary capacity or undue influence;
• Guardianship Litigation - this involves a challenge to a proposed Guardian of a person, minor, or an estate, and can include a challenge to how assets are being handled. 
• Powers of Attorney - disputes concerning authority granted under Powers of Attorney for Health Care or Property, including demands for an accounting by the agent. 
• Trust Administration - disputes related to trust administration, including breach of a fiduciary duty, improper involvement by third-parties, and issues with trust accountings

Our Services:

• Will Contest
• Trust Contest
• Action for removal of a trustee, executor, or trust protector
• An action for an accounting for a trust or estate
• Guardianship for an incapacitated adult or minor 
• Action to revoke Powers of Attorney
• An action for an accounting by a Power of Attorney for Property
• Citation proceeding for discovery and recovery of assets wrongfully taken from an estate
• Disputes involving joint tenancy accounts with rights of survivorship
• Contested claims against an estate
• Fraudulent transfers