The best defense to estate or trust litigation is a well-crafted and maintained estate plan. The reality is that many estate plans are only half-complete and could be missing documents, which leads to contention.
This can lead to uncertainty. Uncertainty may allow disappointed individuals to believe they should have received more or different assets. This can lead to estate litigation.
At Spagnolo & Hoeksema, LLC, our depth of experience in all aspects of estate planning, trust drafting, and estate and trust administration allows us to provide our clients with cost-effective and sure-handed litigation support.
Blended families, involving divorced parents with children from their first marriages who remarry, have become quite common. Situations such as these require cautious estate planning in an attempt to avoid litigation after the death of one of the spouses.
The surviving spouse can essentially disinherit the children of the deceased spouse using numerous methods. This often leads to disappointed or disgruntled children from the first marriage bringing a lawsuit after they have been cut off from an expected inheritance from their parent.
This makes it necessary to decide, as much as possible in advance, how you want your estate distributed and the need to use trusts to protect those children. Every family’s situation is different, so careful planning is required. But because asset values and family needs may change, regularly updating such a plan is also necessary.
Litigation involving estate and trust administration often occurs when estate plans are not competently written, are missing necessary components or there was a failure to update the plan. Additionally, presumed beneficiaries may bring a Will contest, or sue a trustee, alleging mismanagement. In some circumstances, actual wrongdoing may occur by someone in a fiduciary position.
It may also be necessary for beneficiaries to bring a lawsuit to prevent the wasting of assets or inappropriate distributions. Spagnolo & Hoeksema, LLC, can provide experienced litigation counsel in all of these situations. Our litigation attorney devotes a significant portion of her practice to estate and trust administration litigation, and we have substantial experience working with these issues.
Estate plans are always subject to challenges. Litigation is sometimes necessary or unavoidable, and we provide experienced representation to families, heirs, and fiduciaries involved in these cases.
Schedule an appointment by calling 847-519-1101 or completing our online form to discuss litigation regarding estate or trust administration matters with our experienced lawyers. We serve clients throughout the Chicagoland region, including Illinois and Indiana.
If you want an excellent lawyer that handles trusts, wills and etc., call Kristin Hoeksema. She is very knowledgeable and professional. When she handles a case you know you can relax because she goes above and beyond. I can’t say enough good things about her. She handled a case for me where the other lawyer told me I was entitled to nothing and now I am getting a percentage.
Our office has worked with Spagnolo & Hoeksema LLC on a number of matters. Their attorneys and staff are first rate and a joy to work with. I would highly recommend their office!
I highly recommend calling Kristy Hoeksema for all your legal needs. When I first contacted Kristy, she returned my calls in a timely manner and was very informative right off the bat! She not only explained everything in layman’s terms, she took care of my legal needs quickly and painlessly. Thanks Kristy!!
Spagnolo & Hoeksema, LLC has been a trusted and valuable partner for many years. They know the ins and outs of our businesses and provide us with the professional expertise that we require.
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all facets of estate planning and business law.