Is It better to Settle or Go All the Way to Trial in Illinois Probate Estate Litigation?

In Illinois contested estate litigation, there are usually two basic outcomes for estates: a settlement agreement or a final judgment from a trial. So, which way is better? Let's take a closer look.

The Pros and Cons of Settling an Illinois Estate prior to Trial

The main pro of settling an estate prior to trial is that it is usually a much less expensive option, and it usually involves a lot less stress. Settlement is also the safest option when dealing with litigation, as going to trial can be risky, time-consuming and expensive. When settling a litigated matter, one party can negotiate with the opposing party directly rather than leave the decision to the discretion of the Court. 

The main con for many people in settling an estate is the foregoing of a chance at getting a larger inheritance or better outcome through a trial. Some individuals also relish the idea of "sticking it to" the other party, no matter who gets hurt or how much it costs. Other individuals may additionally think that compromising in a settlement is a sign of weakness or "giving up". Because of this, some people will fight all the way to trial whether it is in their best interests or not.

The Pros and Cons of Litigating an Illinois Estate all the Way to Trial

The main pro of litigating an estate all the way to trial is the opportunity of receiving the best possible outcome in a given case for a given party. Litigating all the way to trial can also give a party the satisfaction of having his/her "day in court", meaning that he/she will have the peace of mind of knowing that the issues will have been fully analyzed and judged by the probate court.

The main con, however, is that litigating all the way to trial is oftentimes very expensive. Litigating all the way to a trial can also sometimes take several years due to the extensive process related to discovery and the various hearings throughout the litigation process. In addition, trials can be very unpredictable, leaving parties in a much different position than expected in the end. Overall, parties generally underestimate the financial and emotional toll that expensive, protracted litigation has on everyone involved.