Probate Litigation

Illinois Contested Will Attorneys

Probate Litigation • Breach of Fiduciary Duty

Palatine • Chicago • Arlington Heights • Schaumburg

The existence of a properly executed will normally expedites the settling of an estate. However, a legal challenge may nevertheless be brought by an excluded heir or by a family member who is suspicious of a recently revised will. The Palatine, Illinois probate litigation lawyers of Molohon Sandquist & James, LLP, offer trusted representation in these altogether complex and emotional proceedings.

Will Contests

Molohon Sandquist & James, LLP, serves DuPage County, Cook County, and the greater Chicagoland area. We represent executors against challenges by any party, as well as those heirs who wish to challenge the validity of the will. We handle a wide variety of probate litigation issues including:

• Undue influence resulting in a new will or codicil prior to death
• Challenging the mental capacity of the deceased at the time the will was executed
• Errors in the execution of a will
• Retrieval of assets from those who used undue influence or illegally took possession of items of the estate either before or after death

Breach of Fiduciary Duty

The executor of an estate, the court-appointed administrator, and the trust administrator all have access to the assets of the estate and are allowed to be paid reasonable expenses for their time. We represent either the executor/administrator/trustee, or the beneficiaries of the estate in probate litigation alleging theft, fraud, or incompetence involving:

• Mishandling of administration duties
• Misappropriation of assets for personal use
• Taking unjustified, undocumented, or excessive fees

Do We Have a Good Case?

Proving undue influence is difficult, and a will signed by a person of sound mind will typically be upheld. Molohon Sandquist & James, LLP, will always give our clients an honest legal opinion on whether litigation is advisable. Often, we serve our clients' best interests by helping them avoid an otherwise costly and altogether futile court battle.

Contact the Palatine office of Molohon Sandquist & James, LLP, at 847-241-4460 for solid advice and capable advocacy in any probate litigation matter. We offer reasonable rates, and accept Visa, Mastercard, and Discover.