Estate and Trust Litigation Attorneys
Disputes over estates and trusts are among the most emotionally and financially charged legal conflicts a family can face. When someone challenges the validity of a will, a trustee acts improperly, or beneficiaries disagree over how assets should be distributed, the fallout can damage relationships and erode the very legacy the decedent worked a lifetime to build.
At Kelleher + Holland, our estate and trust litigation attorneys represent clients in probate court disputes, trust challenges, and fiduciary misconduct claims with the combination of strategic rigor and personal attention that these matters demand. We understand what is at stake, and we do not back down from complex, contested cases. We offer estate and trust litigation in Illinois, Florida and the rest of our licensed states listed in the footer of our website.
To view our general estate and trust administration services, click here.
When Litigation Becomes Necessary
Not every estate or trust dispute can be resolved through negotiation. Sometimes, the only path to a fair outcome runs through the courtroom. We represent clients when:
- A will is challenged on grounds of undue influence, lack of testamentary capacity, fraud, or improper execution
- A trustee has breached their fiduciary duties through self-dealing, mismanagement, neglect, or unauthorized distributions
- A beneficiary has been improperly excluded or their share has been reduced without legal justification
- There are disputes between co-trustees or between trustees and beneficiaries about how trust assets should be managed or distributed
- A personal representative (executor) is failing to administer an estate properly
- The meaning or intent of ambiguous will or trust language is in dispute
- Creditor claims against an estate are contested
- A surviving spouse is asserting elective share rights or challenging a prenuptial agreement in the context of an estate
Will Contests
Challenging a will is a serious legal undertaking, and the bar for success is high. A court will presume a properly executed will is valid. To overcome that presumption, you must present credible evidence on one of the recognized grounds.
Undue influence is the most common basis for a will contest. It arises when someone in a position of power over the testator, often a caregiver, family member, or advisor, exerts pressure that overrides the testator’s free will. Lack of testamentary capacity is another ground: the testator must have understood the nature of their assets, their family relationships, and the effect of the document when they signed it.
We investigate the facts surrounding the will’s creation, gather medical records, interview witnesses, and build a case grounded in evidence.
Trust Disputes and Fiduciary Litigation
Trustees hold a position of significant legal responsibility. They must act in the best interests of the beneficiaries, follow the terms of the trust, invest assets prudently, maintain accurate records, and make distributions according to the trust’s instructions. When a trustee fails to meet these obligations, beneficiaries have legal remedies.
We represent both beneficiaries seeking to hold trustees accountable and trustees defending against unfounded claims. Our litigation team handles:
- Breach of fiduciary duty claims
- Trustee removal proceedings
- Accounting disputes and demands for transparency
- Claims for surcharge (financial damages against a trustee)
- Trust modification and termination proceedings where warranted by changed circumstances
The Probate Court Process
Estate and trust litigation takes place in probate court, a specialized court that oversees the administration of estates and trusts. These proceedings have their own rules, timelines, and procedural requirements. Having attorneys who are thoroughly familiar with probate court practice is essential.
Our litigation team brings courtroom experience and deep substantive knowledge of estate and trust law to every contested matter we handle.
Pursuing Resolution Without Unnecessary Conflict
Litigation is not always the right first step. Many estate and trust disputes can be resolved through structured negotiation, mediation, or the involvement of a neutral third party before a court proceeding becomes necessary. We always explore the full range of options with our clients and recommend the path that best serves their interests and preserves relationships where possible.
When litigation is the answer, though, we are fully prepared to pursue it.
Protecting What Matters Most
An estate represents someone’s life’s work. A trust reflects carefully considered decisions about how to provide for the people they love. When those documents are challenged or mismanaged, the people meant to benefit deserve skilled, determined advocacy. Get started on an estate or trust litigation case by reaching out to us with the form below.
Frequently Asked Questions About Estate and Trust Litigation
Q: What grounds can be used to contest a will?
A: The most common grounds for a will contest are: lack of testamentary capacity (the testator did not understand what they were signing), undue influence (someone pressured or manipulated the testator), fraud (the testator was deceived about the nature or contents of the document), and improper execution (the will was not signed or witnessed according to state law requirements). A will contest must typically be filed within a limited time after the will is admitted to probate.
Q: What can I do if I believe a trustee is mismanaging trust assets?
A: Beneficiaries have the right to demand an accounting from a trustee and to petition the court for relief if the trustee is not fulfilling their legal obligations. Remedies can include a court order requiring the trustee to take specific action, removal of the trustee, and financial recovery (surcharge) for losses caused by the trustee’s misconduct.
Q: Can I challenge a trust the way I can challenge a will?
A: Yes. Trusts can be challenged on similar grounds as wills, including lack of capacity, undue influence, and fraud. Trust disputes may also arise from ambiguous terms, disagreements about distributions, or trustee conduct. These matters are handled in probate court.
Q: How long does estate or trust litigation typically take?
A: The duration depends on the complexity of the dispute, the willingness of parties to negotiate, and court scheduling. Relatively straightforward matters may resolve in a few months through mediation or settlement. Contested litigation involving discovery, expert witnesses, and trial can take one to three years or longer.
Q: Do you represent both plaintiffs and defendants in estate disputes?
A: Yes. We represent beneficiaries, heirs, trustees, executors, and other parties on either side of an estate or trust dispute, always with undivided loyalty to our client’s position and goals.