A dispute over a will, trust, estate administration, or fiduciary conduct can add legal and financial uncertainty to an already difficult transition. At Roscich & Martel Law Firm, LLC, we help clients understand notices and deadlines, preserve relevant documents, and evaluate whether negotiation, mediation, or court proceedings may be appropriate.

Since 1973, we have served clients with open communication and individualized guidance. We take the time to understand your circumstances and consider your dignity and emotional and financial stability as we evaluate legal options.

Call us at (630) 793-6337 to schedule a consultation about your probate dispute.

Clear Probate Guidance from a Firm Serving Clients Since 1973

Probate litigation involves disputes over a deceased person’s estate, such as will contests, disputes among heirs, trust disputes, and disagreements with creditors. These matters can concern whether a will is valid, how assets are being administered, or whether an executor or trustee has fulfilled their duties. Our attorneys can review the documents, notices, and facts involved to help you understand the available next steps.

When DuPage County has jurisdiction, probate matters connected to Naperville may proceed through the Probate Division of the DuPage County Circuit Court. The applicable procedure depends on the dispute, the estate’s status, the parties with legal interests, and any court orders or notices already issued. A family disagreement doesn’t automatically establish a viable claim, and not every estate-related dispute belongs in probate court.

Common Probate Litigation Issues We Handle

We handle disputes involving:

• Will Contests: Disputes about the validity of a will, including concerns about testamentary capacity, undue influence, fraud, forgery, or execution requirements.
• Trust Disputes: Contentions related to the administration, interpretation, or distribution of trust assets.
• Estate Administration: Challenges regarding the proper management, accounting, or distribution of estate assets.
• Fiduciary Breach: Claims that an executor or trustee failed to meet duties owed to beneficiaries.

The legal theory, evidence, filing deadline, and potential remedy can differ substantially from one dispute to another. Depending on the circumstances, resolution may involve negotiation, mediation, court motions, discovery, hearings, trial, or appeal.

How We Approach Contested Probate Matters

We begin by understanding your goals and reviewing the relevant estate documents, court filings, accountings, financial records, communications, and other available evidence. We then explain the issues, available options, and potential financial and emotional effects in clear terms.

Depending on the dispute, we may explore negotiation or mediation while preparing for court proceedings when necessary. If a matter requires assistance outside our services, we can use our referral network to connect you with appropriate resources.

Frequently Asked Questions

How Long Can Probate Litigation Take?

The duration of a probate litigation matter depends on the dispute, estate complexity, available evidence, court activity, and whether the parties can reach a resolution. Some matters resolve through negotiation or mediation, while others require more extensive court proceedings. We keep clients informed about procedural developments and the options available as the matter moves forward.

Discuss Your Probate Dispute with Clear Guidance

If you’re facing probate litigation in Naperville, Roscich & Martel Law Firm, LLC can review the facts, documents, procedural posture, and potential next steps. We provide individualized guidance and clear communication while considering the dispute’s potential emotional and financial effects.

Contact us today at (630) 793-6337 to schedule a consultation with our Naperville probate litigation attorneys.