Estate litigation occurs when family members or beneficiaries disagree about how an estate should be distributed or managed. These disputes are common in Illinois and can involve challenges to wills, trusts, or the actions of those managing the estate. Understanding what counts as estate litigation can help you recognize when you need legal support and how to protect your interests during these sensitive family matters. Peck Ritchey, LLC handles estate litigation matters throughout Chicago and Illinois, with over 100 years of combined experience in probate and trust disputes.
Understanding Estate Litigation
Estate litigation is a legal dispute involving wills, trusts, or estate administration. It happens when someone questions the validity of an estate document, disagrees with how an estate is being managed, or believes their rights as a beneficiary have been violated. These disputes can occur during the probate process or years after an estate has been settled.
Common reasons disputes arise include disagreements over the validity of a will or trust, the distribution of assets, or how an executor or trustee is managing the estate. When these disagreements cannot be resolved through negotiation, probate litigation becomes necessary to protect your interests. Understanding the different types of estate disputes helps you determine whether you need legal representation.
Why Choose Peck Ritchey, LLC
Peck Ritchey, LLC understands that estate disputes involve more than legal documents—they involve family relationships and significant financial interests. With over 100 years of combined experience, we handle Illinois estate litigation matters, representing beneficiaries, executors, trustees, and other parties in contested estates. Our firm approaches each case with a focus on finding efficient resolutions, whether through negotiation or trial preparation.
Our team recognizes the sensitive nature of these disputes and works to protect your interests while minimizing conflict whenever possible. When you work with Peck Ritchey, LLC, you gain access to attorneys who have handled complex probate, trust, and guardianship litigation across Illinois. Our attorneys, including Kerry Peck, Timothy Ritchey, and Jesse Footlik, bring decades of experience to every case.
Common Estate Disputes in Chicago
Will Contests
A will contest challenges the validity of a will. Common grounds for contesting a will include lack of testamentary capacity (the person who made the will didn’t have the mental ability to do so), undue influence (someone improperly pressured the person to change their will), or improper execution (the will wasn’t signed or witnessed correctly). In Illinois, you generally have six months after a will is admitted to probate to file a contest under the Illinois Probate Act.
Peck Ritchey, LLC represents clients pursuing will contests and defending against challenges to ensure your interests are protected throughout the process. Whether you believe a will is invalid or you’re defending the validity of a will you created, our experienced litigators can guide you through the complex legal process.
Breach of Fiduciary Duty
A fiduciary duty is the legal obligation of a trustee, executor, or administrator to act in the best interests of the beneficiaries. A breach of fiduciary duty occurs when someone in this position fails to meet that obligation. Examples include mismanaging estate funds, making investments that benefit themselves rather than the beneficiaries, failing to distribute assets on time, or hiding information about the estate. These breaches can result in significant financial harm to beneficiaries.
When fiduciary misconduct occurs, our team can help you pursue remedies and hold responsible parties accountable through breach of fiduciary duty claims. Our attorneys have successfully represented beneficiaries in cases involving executor misconduct and trustee mismanagement. If you suspect a fiduciary is not acting in your best interests, early legal intervention is critical.
Disputes Over Trust Validity
Trusts can be challenged outside of probate if grounds exist. Common issues include unclear language in trust documents that creates confusion about the grantor’s intent, claims that the person who created the trust lacked capacity, or allegations of fraud or undue influence during the trust’s creation. These trust disputes often require careful interpretation of the trust language and the circumstances surrounding its creation.
Our attorneys have extensive experience resolving trust construction and interpretation issues to protect your rights as a beneficiary. We also handle trust contests and disputes involving revocable trusts and irrevocable arrangements.
The Illinois Estate Litigation Process
Estate litigation in Illinois typically follows a structured process. It begins when someone files a complaint detailing the dispute and the harm caused. The defendant then has time to respond to the complaint. Both sides then enter the discovery phase, where they exchange documents and information through requests, interrogatories, and depositions. During this time, many cases settle through negotiation.
If a settlement isn’t reached, the case proceeds to a contested hearing or trial. The entire process can take several months to over a year, depending on complexity and whether the parties reach an agreement. Understanding the probate process timeline helps you prepare for what lies ahead.
Timeline expectations vary, but contested estates typically take 1 to 3 years to resolve, depending on complexity and whether litigation is necessary. Simple disputes may be resolved in 10-18 months, while heavily litigated cases can extend several years. Understanding this timeline helps beneficiaries and other parties prepare for the guardianship litigation or probate process ahead. Our team can provide more specific timelines based on your particular situation.
When You Might Need an Estate Litigation Attorney
You should consider hiring an estate litigation attorney if you’re contesting a will or trust, defending against a contest, resolving disputes with a trustee or executor, or addressing concerns about fiduciary breaches. Early legal intervention can prevent costly litigation by identifying the strongest resolution path. An attorney can also help you understand your rights and options before disputes escalate into formal litigation.
Peck Ritchey, LLC offers consultations to help you evaluate your situation and determine the best course of action. Whether you’re dealing with will validity issues, trust disputes, or concerns about how an estate is being administered, our attorneys can help. We also assist with estate planning to help prevent disputes before they arise.
Frequently Asked Questions
What is the time limit to contest a will in Illinois?
Illinois law provides a six-month window to contest a will after it’s admitted to probate. This deadline is important; missing it can prevent you from challenging the will’s validity. Under the Illinois Probate Act § 8-1, this statute of limitations is strictly enforced.
Can I contest a trust outside of probate?
Yes, trusts can be challenged through separate litigation if grounds exist, such as undue influence, lack of capacity, or fraud. Trust disputes don’t follow the same probate timeline as will contests. Revocable trusts typically have a three-year statute of limitations for contesting their validity.
What does a breach of fiduciary duty mean?
A breach of fiduciary duty occurs when a trustee, executor, or administrator fails to act in the beneficiaries’ best interests. This can include mismanaging funds, making self-interested decisions, or failing to distribute assets promptly. Our attorneys can help you understand whether a fiduciary has breached their obligations and what remedies are available.
How much does estate litigation cost?
Costs vary based on the complexity of your case, the number of parties involved, and whether the matter settles or goes to trial. Early legal consultation can help identify the most cost-effective resolution path for your situation. We offer flexible fee arrangements to make quality legal representation accessible.
Do most estate cases go to trial?
Many estate cases settle before trial through negotiation and mediation. However, Peck Ritchey, LLC prepares every case for trial to ensure the strongest negotiating position and to protect your interests if litigation becomes necessary. Our trial experience gives us credibility in settlement negotiations.
Let Peck Ritchey, LLC Help Resolve Your Estate Dispute
Estate disputes don’t have to tear families apart or drain resources through prolonged litigation. Peck Ritchey, LLC has the experience and dedication to help you navigate these complex matters. Whether you’re contesting a will, defending against a challenge, or addressing trustee disputes, our team is ready to advocate for your interests.
Our attorneys have successfully handled numerous probate litigation cases and understand the emotional and financial stakes involved. Our firm combines aggressive advocacy with a commitment to finding practical solutions whenever possible.
Contact Peck Ritchey, LLC today to discuss your estate litigation matter. Call (312) 201-0900 for a consultation and learn how we can help protect your rights. You can also visit our contact page to schedule an appointment at your convenience.
For more information about our estate litigation services, visit our probate litigation practice page or explore our guardianship litigation services.