Contested Probate

Lawyers for Trust and Adult Guardianship Litigation

Losing a family member or a close loved one is often difficult, even when it is not unexpected. Unfortunately, it is not uncommon for disputes to arise over the property and assets of the recently deceased person. These types of disputes are often complex and emotionally charged, and at their worst, they can tear families apart. At Otte & Czajkowska, LLC, our experienced attorneys represent executors, trustees, beneficiaries, heirs, and other parties in all matters related to probate, trust, and guardianship litigation.

Probate Litigation in Chicago

When an individual passes away, his or her estate may be required to pass through probate before heirs receive their inheritances. During the probate process, the decedent's estate and will must be validated, all debts must be settled, and the remaining assets can then be distributed in accordance with state law and the decedent's estate plan. Depending on the nature and complexity of the estate, probate can be time-consuming and challenging, and a variety of issues could arise. Attorneys Michael A. Otte and Izabela Czajkowska can help you and your family with:

• Disputes over assets.
• Contested wills, including issues of competency and undue influence.
• Breaches of fiduciary responsibility.
• Fraudulent or invalid estate planning documents.

Most probate litigation matters are initiated by an heir or a would-be heir who feels that the estate plan or the actions of the decedent unfairly denied the heir a particular asset or portion of the estate. It is important to keep in mind that even if the decedent has made decisions regarding his or her property that you do not agree with, this is not always grounds for a lawsuit. There must be a valid basis for the challenge, such as fraud, lack of testamentary capacity, undue influence, or negligence by a fiduciary.

Morton Grove Lawyers for Trust Concerns

In most cases, assets placed in a trust are exempt from the probate process, but that does not mean that issues cannot arise. A trust litigation attorney at Otte & Czajkowska, LLC can help you with concerns related to the validity of trust documents and the mismanagement of trusts by trustees. If you are a trustee facing allegations of mismanagement or negligence, we can assist in showing that you have acted in the best interests of the estate, the decedent, and named beneficiaries. If you are a beneficiary with concerns regarding the validity or handling of a trust, we will provide the guidance you need in taking action.

Guardianship Litigation in Northwest Chicago

At Otte & Czajkowska, LLC, we are also prepared to help families who are facing concerns regarding adult guardianships. Only the courts have the power to appoint a guardian for a disabled adult, which means that the process may involve contested proceedings. Our lawyers represent individuals seeking guardianships, disabled adults who do not wish to have a guardian appointed, and family members looking to protect their disabled loved one's interests. We are equipped to take action against an appointed guardian who is abusing his or her authority or exploiting the disabled ward.

Contact Us Today

If your family is facing litigation related to probate, trusts, or adult guardianships, contact our office for guidance. Call 773-631-7100 to discuss your situation with a member of our team today. Polish-language services are available. Our firm serves clients throughout Chicago's northwest side, including the neighborhoods of Jefferson Park, Elmwood Park, Morton Grove, Edgebrook, Edison Park, Glenview, Des Plaines, and Harwood Heights.