Probate & Estate Administration · DuPage County, Illinois
Steady guidance for executors and families through Illinois probate, from filing to final distribution.
Probate disputes are different from will contests. Will contests challenge whether the will is valid at all. Contested probate involves disputes during the administration of an estate — disagreements about how the executor is handling things, whether distributions are correct, whether the inventory is complete, whether fiduciary duties are being met.
We handle the full range of contested probate matters in DuPage and Cook County. The key in these cases is often early intervention — many disputes that get out of hand could have been resolved with timely legal counsel before they escalated into full-blown litigation.
From beneficiary objections to full litigation between heirs.
Petitions to remove an executor for misconduct, conflicts of interest, failure to perform duties, or incompetence.
Objections to executor’s accounting — missing income, unauthorized expenses, improper distributions, unexplained losses.
Self-dealing, conflicts of interest, conversion of estate assets, failure to maximize estate value — civil claims against the fiduciary.
Family disagreements about distribution decisions, valuation of specific bequests, treatment of personal property.
Disagreements about what the will or trust actually means — ambiguous language requiring court interpretation.
Disputed claims against the estate — challenging unsubstantiated debts, defending valid claims that beneficiaries oppose.
Demand letters, negotiation between counsel, potential mediation. Many disputes resolve without filed pleadings.
If informal resolution fails, file petition in probate court (or counterclaim if defending). Discovery begins.
Document production, depositions of executors and witnesses, expert valuations where assets are disputed.
Most contested probates settle during or after discovery. Some proceed to evidentiary hearing or trial.
Not every dispute should become litigation. We assess the strength of your position before recommending an approach.
When possible, we resolve disputes through negotiation rather than filed pleadings. Faster, cheaper, less destructive to family relationships.
When negotiation fails, we’re prepared to litigate. That credibility shapes settlement negotiations from the start.
Probate disputes are civil litigation within probate. Our broader civil litigation experience matters here.
Probate disputes often have decades of family history behind them. We navigate that awareness while still pursuing your legal interests.
Contested probate can spiral into expensive litigation. We help clients evaluate whether continued litigation makes economic sense at each stage.
From our Villa Park office, we represent clients across DuPage County and the western suburbs of Chicago.
When you have specific concerns — missing assets in the inventory, unexplained expenses, distributions that seem incorrect, or executor conduct suggesting self-dealing. Vague disagreement with the executor’s pace or style usually doesn’t justify formal challenge. Consultation early often resolves concerns without litigation.
Only by court order, and only for specific grounds: misconduct, conflict of interest, mismanagement, failure to perform duties, or incapacity. Generalized dislike or distrust isn’t grounds. Removal petitions require evidence — and they’re contested by the executor, so they’re expensive litigation.
Civil claim against an executor or administrator for violating their legal duties to the estate and beneficiaries. Common breaches: self-dealing, conversion of assets, conflicts of interest, failure to maximize estate value, failure to communicate with beneficiaries. Remedies can include damages, removal, and surcharge.
Almost always hourly billed. Simple disputes resolved through negotiation might be $5K-15K. Filed petitions with discovery typically run $25K-75K. Full-blown litigation with trial can exceed $150K. We discuss realistic cost ranges at consultation based on the specific dispute.
Yes — probate court filings are public record. This is one reason many people consider trust-based estate planning, which keeps disputes private (trusts are typically not court-supervised). Probate court hearings are public proceedings.
Often yes. Pre-litigation negotiation between counsel resolves many disputes. Mediation works for some cases. Family settlement agreements where all parties consent can resolve disputes flexibly. Court filing is the last resort, not the first.
Early intervention saves money and relationships. A free consultation assesses your situation honestly — sometimes the answer is to push hard, sometimes it’s to find common ground.