» Contested Estates

Businessman place the money heap in a row of wooden domino that continuously falling down to stop the crash

Recovering Assets in a Citation Proceeding

When an estate goes through the probate process in Illinois, an executor or administrator has the responsibility to accurately identify and report the property and assets that comprise it. However, their job can often become more difficult if a wrong… Read More
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Categories: Contested Estates
Can I Contest a Will?

Can I Contest a Will?

Losing a family member is hard enough — and it can be even more emotionally difficult if you learn that you’ve been excluded from their last will and testament. In the event your loved one passed away and you were wrongfully left out of their wil… Read More
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Categories: Contested Estates
Breach of Fiduciary Duty…

Breach of Fiduciary Duty Found in Case Involving Phyllis Schlafly Trust

Following the death of Phyllis Schlafly in 2016, a dispute arose among two of her adult children regarding an alleged breach of fiduciary duty in the disposition of assets that were held in trust. Read More
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Second District Revives L…

Second District Revives Lawsuit Between Siblings who were Co-Trustees of Parents’ Trust

The 2nd District Appellate Court recently ruled that the Kendall County Court committed reversible error when it dismissed a lawsuit brought by the plaintiff against his two siblings arising out of the their unequal division of a trust estate. Read More
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Trustee's Attempt to Evad…

Trustee's Attempt to Evade Service Rejected

Illinois’ Third District Appellate Court recently affirmed the judgment of a Grundy County trial court in favor of the trustee of one trust against the trustee of another trust, rejecting the defendant trustee’s attempt to evade service of proces… Read More
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Categories: Contested Estates
Second District Applies S…

Second District Applies Savings Statute to Will Contest

The Second District disagreed, however, and in so doing has unequivocally answered “yes” to the question of whether the Savings Statute applies to will contest complaints. Read More
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Categories: Contested Estates
Happy New Year from Hess…

Happy New Year from Hess Law Firm!

Hess Law Firm wants to wish you and yours a very Happy New Year! Since its founding in 2016, HLF has undergone some changes as it has evolved into the law firm that it is today, and even more change is in store for 2019. Contested Estate Litigation O… Read More
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Appellate Court Clarifies…

Appellate Court Clarifies Who Has Standing to File Will Contest Suit

Legatees under previously-executed wills have standing to file will contest petitions even if the will they are challenging contains a revocation clause. Read More
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Categories: Contested Estates
Supreme Court Upholds Rev…

Supreme Court Upholds Revocation-on-Divorce Statute

The Supreme Court, as usual, finished the 2017-2018 term with a flourish, handing down opinions that will have far-reaching effects for years to come. But amid the excitement surrounding Janus v. AFSCME (where the Court held that Illinois’ extracti… Read More
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Hess Obtains Dismissal of…

Hess Obtains Dismissal of Will Contest Complaint

Matthew R. Hess obtained an order dismissing a will contest complaint with prejudice last month in a case in which a 78 year old decedent left the entirety of his estate to his 73 year-old live-in girlfriend – whom he had known for more than si… Read More
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Categories: Contested Estates

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