Probate & Trust Litigation

Probate & Trust Litigation

Illinois Contested Probate & Trust Proceedings

When you are represented by Illinois Probate Litigation Attorney Richard J. Arendt, you benefit from our success representing beneficiaries, heirs, trustees, executors and other parties involved in trust or probate litigation. While estate planning documents like trusts and wills are designed to provide a roadmap for the orderly disposition of a person’s financial legacy to loved ones, charities, and family, these documents might not reflect the intention of a spouse or parent who passes away. Litigation might be necessary when aging parents lack the mental capacity to know what they want. Similarly, excessive persuasion might lead to manipulation or coercion of a parent who is creating a legacy succession document that is inconsistent with his or her intentions.

Effective Representation in the Full Scope of Trust Challenges & Will Contests

Mr. Arendt has the skill and expertise to construct well-crafted estate planning documents designed to mitigate the risk of litigation. However, our law firm handles contested probate and trust disputes from the inception of the probate process to the distribution of assets to heirs and beneficiaries. Because Mr. Arendt has nearly four decades of legal experience, he handles the full range of probate and trust litigation matters.

At the Law Office of Ricard J. Arendt, we recognize that disputed probate and trust issues can tear families apart and create permanent animosity between surviving loved ones. Mr. Arendt endeavors to diffuse conflict and negotiate a settlement of such claims where this is an appropriate outcome. Mr. Arendt uses his vast experience to diffuse conflict when appropriate and to tenaciously protect his client’s rights when forceful and effective litigation is the best strategy.

Skillful Representation in Litigation Involving a Breach of Fiduciary Duty & Contested Estate Matters

Trust and probate litigation is a specialized area of law which makes it important to work with a law firm that regularly handles the special factual and legal issues that arise in will and trust litigation. Effective litigation of these issues requires a thorough knowledge of probate procedure and law, litigation rules and procedures, and other areas of Illinois law. Mr. Arendt has extensive experience with a wide range of issues that arise in the context of contested proceedings involving trust and probate matters which include but are not limited to the following:

  • Proceedings Involving Invalidation of Will and Trust Documents
  • Contested Probate
  • Undue Influence
  • Elder Financial Abuse
  • Trust Contest
  • Fraud
  • Codicil Contest
  • Lack of Capacity
  • Trust Amendment Contest
  • Termination (Modification) of Trust Documents
  • Disposition of Trust Property upon Termination
  • Modification/Termination of Trust Based on Consent of Beneficiaries
  • Modification/Termination Based on Changed Circumstances
  • Claims Against Executors and Trustees
  • Actions to Remove the Trustee/Executor
  • Compelling a Trustee/Executor to Account
  • Obtaining Will or Trust Information
  • Prohibited Transferee Care Custodians
  • Action to Surcharge Trustee/Executor

While the probate and trust administration process is designed to furnish an orderly method of transferring an individual’s financial legacy to loved ones, improper conduct by interested parties, the incapacity of the decedent, or faulty document preparation can make it necessary to engage in litigation. Because Richard J. Arendt has extensive experience both in estate planning and litigation of contested wills and trusts, he is uniquely qualified to fight for the inheritance of heirs and beneficiaries. Mr. Arendt also can investigate to uncover improper conduct that jeopardizes the value of a family’s financial legacy when a trustee or executor violates his or her fiduciary duties.

Chicago Area Trust and Probate Litigation Attorney Richard J. Arendt protects the interests of his clients through diligent effort, innovative litigation strategies, and persuasive advocacy. We offer a no obligation free consultation so that we can evaluate your situation and answer your questions.