Hiring a probate litigation attorney can make the difference between a fair estate resolution and a prolonged legal battle. Probate litigation arises when disputes over a deceased person’s estate cannot be resolved through the normal probate process. Will contests, trust disputes, allegations of undue influence, and conflicts among beneficiaries and executors can all require court intervention. For business owners, probate disputes can have profound implications — particularly when business interests are part of the estate.
Howard East’s litigation attorneys handle probate disputes involving business assets across Illinois, Missouri, and New York.
Common Probate Disputes
Will contests challenge the validity of a will based on lack of testamentary capacity, undue influence, fraud, or improper execution. Trust disputes arise when beneficiaries allege that the trustee has breached their fiduciary duties by mismanaging assets, self-dealing, or failing to make required distributions. Executor and administrator disputes involve allegations that the personal representative is not properly managing the estate.
Business Interests in Probate
When a business owner dies, their ownership interest becomes part of their estate. This creates unique challenges: the business needs continued management while the estate is administered, co-owners may have buy-sell rights that interact with probate proceedings, and valuation disputes can arise between the estate and the surviving business partners.
When You Need a Probate Litigator
You should consult a probate litigation attorney when you believe a will or trust was the product of undue influence or fraud, when a fiduciary is mismanaging estate or trust assets, when beneficiaries disagree about asset distribution, or when business succession plans conflict with estate documents.
Work With Howard East
Our attorneys understand both the probate litigation process and the business law context that makes these cases particularly complex. We protect our clients’ interests in the estate while preserving the value of the underlying business.
Facing a probate dispute? Schedule a consultation or call 833-952-3111.
This content is for informational purposes only and does not constitute legal advice.
When Should You Hire a Probate Litigation Attorney?
A probate litigation attorney becomes essential when disputes arise during the probate process. Common situations include will contests where beneficiaries believe the decedent lacked testamentary capacity, undue influence claims where someone pressured the decedent into changing their estate plan, and breach of fiduciary duty actions against executors or trustees who mismanage estate assets. If you suspect fraud, concealment of assets, or improper administration of an estate, consulting a probate litigation attorney should be your first step.
What Does a Probate Litigation Attorney Handle?
Probate litigation covers a broad range of disputes related to estates and trusts. Our attorneys at Howard East handle will contests, trust disputes, executor removal proceedings, claims against estate assets, and beneficiary disputes. We also represent clients in business-related estate litigation where closely held business interests are part of the estate. Illinois probate law, governed by the Illinois Probate Act (755 ILCS 5), provides specific procedures and timelines that must be followed carefully.
Our commercial litigation team also handles matters where probate disputes overlap with business ownership conflicts, such as disputes over partnership interests, LLC membership units, or corporate shares held by a decedent. These cases require expertise in both probate law and corporate governance.
The Cost of Probate Litigation
Many clients ask about the cost of hiring a probate litigation attorney. Fees vary based on the complexity of the dispute, the size of the estate, and whether the case goes to trial. Some attorneys offer hourly billing, while others work on contingency for certain types of claims. At Howard East, we provide transparent fee discussions during initial consultations so you can make informed decisions about how to proceed. The American Bar Association offers resources on understanding estate planning and probate litigation costs.
Frequently Asked Questions About Probate Litigation
What is probate litigation?
Probate litigation involves legal disputes related to estates, wills, and trusts. Common cases include will contests, executor misconduct, beneficiary disputes, and claims that a will was created under undue influence or fraud.
How long does probate litigation take?
Probate litigation timelines vary widely. Simple disputes may resolve in 3 to 6 months through settlement, while complex cases involving multiple parties or contested assets can take 1 to 3 years to reach resolution.
Can a probate litigation attorney help remove an executor?
Yes. A probate litigation attorney can petition the court to remove an executor who has breached their fiduciary duties, mismanaged estate assets, or failed to follow the terms of the will.
