Securing and protecting what matters most to you,
after someone you love has passed.
TRUST LITIGATION
“I think what sets our trust dispute lawyers apart is our courtroom experience. You have to spend time in court to understand how to avoid going to court, and as a Chicago trust litigation attorney, the ability to know what to do in court – the ability to handle yourself in court and understand what that’s all about – helps our clients avoid going to court.
A lot of attorneys don’t have that courtroom experience, and they don’t want to be in court. We are experienced, highly skilled trust litigators but because it’s much less costly to settle out of court, litigation is always our last resort and that kind of informs everything that we do.
This work requires us to be able to fight and be able to negotiate. You need to be able to do both. They’re at opposite ends of the emotional spectrum, but we have to be able to address all of those needs of our clients and bring a calm demeanor to a sometimes wrenching situation. That’s our strength.”
| Andrew Hays
“They get it done. Wonderful to work with. Efficient, excellent, that’s what it needs to be in probate.”
There are an endless number of reasons a trust dispute might end up in court.
And all of them need a trust litigation attorney.
Here are a few of the more common reasons: a beneficiary thinks they’re being cheated and they will not accept anything short of their day in court. Or a trustee thinks they’re being falsely accused because the family’s expectations of the management of the trust funds were unreasonably high. Or a family member thinks the trust wasn’t valid in the first place because their parent would never have agreed to its terms and must have been coerced.
Whatever the reason, it’s the trust dispute lawyer’s responsibility to safeguard the intentions of the trust and protect its assets.
Nearly all legal cases are centered around a conflict. Trust litigation is no exception. When the family is in conflict or there’s a substantial amount of money involved, disputes often arise between the trustee and the beneficiaries. The role of a trustee is a serious undertaking. Once an individual or entity is named trustee, they owe fiduciary duties of honesty, prudence, and loyalty to the beneficiaries of that trust. The beneficiaries may feel that the trustee has failed to fulfill their duty, and they hold the trustee personally liable for that failure.
These are the sorts of trust cases Staza Law has been resolving for years. Our Chicago trust litigation attorneys have successfully represented beneficiaries and trustees, both in and out of court, and helped innumerable families get on with their lives.
If you were searching for ‘trust litigators near me,’ you found them
What legal services does a Chicago trust litigation attorney provide?
Our experienced trust litigators can provide the following legal services.
REVIEW ALL WILL AND TRUST DOCUMENTS
Our trust litigation attorneys will review will and trust documents executed to help determine the trustee’s duties.
DRAFT PERIODIC ACCOUNTINGS
Our attorneys draft and prepare periodic accountings that are required by law and by the terms of a trust.
ADVISING AND CONSULTING A TRUSTEE
Our trust attorneys will provide counsel to trustees to help them fulfill their obligations.
REPRESENTING BENEFICIARIES
Our attorneys will advise the beneficiaries and work with them to protect their interests in the trust.
FILING A LAWSUIT ON BEHALF OF A TRUSTEE
If necessary, our attorneys will file the appropriate pleadings in court to protect the assets held in the trust.
FILING A LAWSUIT ON BEHALF OF A BENEFICIARY
Our attorneys will file all legal documents and petitions necessary to recover assets of a trust that may have been wrongfully removed.
A Chicago trust litigation attorney’s answers to FAQs.
Q
WHAT IS TRUST LITIGATION?
Trust litigation refers to lawsuits and court proceedings that are related to the administration of a trust. Trust litigation may be commenced by a trustee seeking to recover and protect the assets of a trust. Or, trust litigation may be started by a trust beneficiary who believes that the trustee has not complied with his or her obligations.
Q
WHAT IS TRUST ACCOUNTING?
Q
I AM ACTING AS A TRUSTEE AND I AM NOT SURE OF MY DUTIES.
Q
I AM A BENEFICIARY OF A TRUST AND I DO NOT HAVE ANY INFORMATION ABOUT THE TRUST?
Q
I AM A BENEFICIARY OF A TRUST AND I WANT TO CHALLENGE THE TERMS OF THE TRUST?
If you believe the settlor was pressured into creating or signing the trust; or you believe the settlor was not competent when he or she signed the trust; or the document being presented as the trust is not the most recent or accurate document, please contact one of our attorneys to help you.
Understanding legal processes and terminology can be confusing. Allow us to explain legal terms you’re likely to encounter.
“Exceptionally ethical.”
The Staza Law blog has answers.
