Estate Litigation Attorney in Naperville

Estate disputes often arise at one of the most difficult moments in life, just after a death or during a loved one’s decline. You may be facing questions about a will, a trust, or the way an estate is being handled, and you need clear answers from a local estate litigation attorney in Naperville whom families turn to for steady guidance.

At Roscich & Martel Law Firm, LLC, we work with clients who are dealing with contested wills, disagreements among beneficiaries, and concerns about how an executor or trustee is managing assets. Since 1973, our firm has been based in downtown Naperville, serving families across the area with a focus on maintaining their dignity and stability during challenging times.

From contested wills and trust disputes to fiduciary breaches, our estate litigation Naperville attorneys deliver clear guidance and strong advocacy. Call (630) 793-6337 or reach out online.

Common Estate Disputes We Handle in Naperville

When you first realize there is a problem with a will, trust, or estate, it can be hard to know whether what you are seeing is unfair, unlawful, or simply confusing. We regularly work with clients who are navigating a range of estate-related conflicts and want to understand whether a court case is appropriate.

Clients often contact us about issues such as:

• Contested wills, including claims that a will is invalid because of a lack of capacity or undue influence.
• Trust disputes involving how a trustee interprets or applies the terms of a trust.
• Allegations of executor or trustee misconduct, such as failure to provide information or improper use of estate assets.
• Disagreements among beneficiaries about distributions, valuations, or sales of real estate and other assets.
• Questions about lifetime transfers, beneficiary designations, or joint accounts that changed the expected estate plan.

Because our practice includes estate planning, family law, real estate, and business law, we are accustomed to addressing estate litigation that touches multiple areas at once. Whether a dispute involves a family home in Naperville, a closely held business, or accounts tied to a divorce, we work to see the full picture so that your strategy reflects everything that is at stake.

Our Approach To Estate Litigation in Naperville

Every estate dispute is different. Some families want to pursue a firm courtroom strategy, while others hope to resolve matters as quietly as possible. Our role is to help you understand your rights, the strength of potential claims or defenses, and how different paths may affect both your finances and your family relationships.

• Individualized Case Assessment: We begin by reviewing key documents such as wills, trusts, powers of attorney, prior estate plans, and any existing court filings. Just as important, we listen closely to your account of family history and recent events, since those details often point to issues like undue influence, lack of capacity, or possible mismanagement.
• Clear Guidance Through the Legal Process: From the initial analysis through negotiations and hearings in the DuPage County Circuit Court, we explain each stage in straightforward terms.
• Balanced Litigation Strategy: Our estate litigation attorney in Naperville pays close attention to how legal decisions affect your emotional and financial stability. Estate disputes can be stressful and costly, so we weigh the potential value of a claim against the expense and impact on family relationships when discussing settlement versus continued litigation.

Our firm has been part of the Naperville community since 1973, and we value long-term client relationships. When you work with us, you are not treated as a case file. We aim to serve as ongoing advisors, whether your needs involve probate litigation, future estate planning, or related real estate and business matters.

Steps To Take In An Estate Dispute

Helpful actions if you see a potential estate conflict include:

• Gathering key documents, such as wills, trusts, account statements, deeds, and correspondence from the court.
• Keeping a written record of events and conversations that concern you, including dates and who was present.
• Avoiding confrontational or threatening communications with other family members about the dispute.
• Not signing waivers, releases, or settlement documents without having them reviewed by a lawyer.
• Consulting an estate litigation attorney to discuss deadlines, options, and possible strategies before major decisions are made.

Taking these steps does not commit you to litigation. Instead, they help you preserve information and avoid mistakes that can be difficult to undo later. When you meet with us, we can review what you have collected, answer your questions, and talk through whether court action, negotiation, or another approach aligns best with your goals.

The Estate Litigation Process In Naperville

Estate disputes tied to property and families in Naperville are often handled through the DuPage County Circuit Court, frequently in the probate division. If you are receiving notices or court papers, they may come from that court, and deadlines in those notices can be important.

Contested matters in probate usually involve additional hearings, filings, and opportunities to present evidence, compared to an uncontested estate. The specific path your case follows often depends on the type of dispute involved and whether family members are willing to exchange information and consider resolution outside of trial.

Working with an estate litigation lawyer who practices in this area and understands how cases usually proceed in the DuPage County Circuit Court can help you anticipate what to expect. Our office in downtown Naperville makes it convenient to meet in person to review documents, prepare for hearings, or discuss next steps before important decisions.

Frequently Asked Questions

Do I need an attorney for a will dispute?

You are not required to have a lawyer, but will disputes often involve strict deadlines and complex rules. An attorney can help you assess whether you have a viable claim, explain risks and costs, and present your position clearly so you can make informed decisions.

How long does estate litigation usually take?

The length of an estate case depends on many factors, including the type of dispute, the court’s schedule, and how willing parties are to exchange information and discuss settlement. Some matters resolve within months, while others take longer. We discuss timing with you as your case develops.

What will your team need from me at our first meeting?

For an initial consultation, we typically ask you to bring any wills, trusts, court documents, letters from the executor or trustee, and a list of your questions. This helps us understand the situation more clearly and focus our discussion on the issues that matter most to you.

Can you help if my siblings live out of state?

Yes, we can represent you in an Illinois estate dispute even if other family members live elsewhere. We work with clients to coordinate communication, address court requirements, and explain how distance may affect participation in hearings or negotiations related to the case.

How do you handle family conflict during a case?

We recognize that estate disputes often involve long-standing family dynamics. Our approach is to protect your legal interests while remaining mindful of emotional and financial stability. We discuss the tone you want to set, explore settlement where appropriate, and communicate in ways that support your goals.