What Kinds of Issues Create Problems with Illinois Probate Estates?

There are many issues that can lead to problems with Estates. Some of the most common include:

• Will and trust contests based on a number of issues, including lack of testamentary capacity or undue influence
• Discovery and recovery of estate property wrongfully taken from the estate
• Contested issues involving joint tenancy accounts with rights of survivorship
• Guardianship disputes, most commonly involving who should act as the guardian, and how guardianship property is being handled by the guardian
• Living trust administration litigation, including breach of fiduciary duty by the trustee and issues with trust accountings
  

Also, there are underlying issues that can cause problems as well, including broken family relationships, greed, pride, long-held grudges, etc. Many times, the litigation involved in Illinois contested estates is merely the outward expression of internal hurts and unresolved anger. Thus, while resolving an estate by handling the legal issues alone can be done, it is usually much more effective to address the underlying issues, too.