Estate Litigation Lawyer Schaumburg, IL

Estate Litigation Lawyer Schaumburg, IL

An Experienced Estate Litigation Lawyer

If you have found yourself in an estate or trust litigation dispute, it may be in your best interest to speak with an estate litigation lawyer in Schaumburg, IL from Bott & Associates, Ltd.. A trust is typically utilized by someone who does not want their heirs to go through the probate process, or to save on post-death expenditures. A trust identifies all assets that are to be immediately distributed after the testator’s death. Unlike a will, there is no probate process and the entire distribution of the estate remains a private affair. 

By seeking an experienced estate planning lawyer in Schaumburg, IL to create your trust, you can feel peace of mind in knowing the risk of a dispute is considerably small. That said, there can be no guarantees. Even with the best legal advocacy and expertise, heirs can disagree with what has been written. When this should happen, an estate litigation lawyer in Schaumburg, IL may need to be sought. 

When you ask a Schaumburg, Illinois estate litigation lawyer to draft a trust for you, you can feel peace of mind in knowing that a dispute between heirs can be avoided. However, nothing is guaranteed and it is possible that some kind of argument will arise. 

Disputing a Trust

As an estate litigation lawyer might tell you, there is no guarantee that your trust will be successful upon your death. It is possible for the trustee, heirs, or other vested parties, as well as those who believe they should have been included, to challenge the trust. They could argue that the trust is invalid, that the testator was coerced, or some other reason that deems it to be inaccurate. In general, when a dispute arises, it tends to involve a person who was not included in the trust and is not pleased with the situation.

Lack of Mental Capacity 

This is the most common reason to dispute a trust, or even a will. This claim can be made based upon the belief that the testator drafted the document, but was unable to understand what they were stipulating. Some problems they might have could include:

  • The type of assets
  • The value of the property
  • Parties who have been named to inherit the property
  • The way in which assets are to be distributed

It is certainly possible for a person to draft a trust when they were technically unable to understand their actions. Known as lack of testamentary capacity, this can occur because of:

  • Dementia or alzhemiers
  • Amnesia or memory loss
  • A head injury
  • The aging process
  • Taking certain medications
  • A drug or alcohol addiction

As an estate litigation lawyer in Schaumburg, IL, we may be able to prove lack of capacity through talking to witnesses and reviewing medical records. A petition or lawsuit will need to be filed with the court, and evidence must be demonstrated to the judge to prove the testator was unaware of what he or she was doing. 

If you would like to file a dispute against a trust, or you are the beneficiary of a trust that is being disputed by another person, now is the time to call Bott & Associates, Ltd. to speak with an estate litigation lawyer in Schaumburg, IL.