Estate Litigation

Wheaton Estate Litigation Lawyers

"It is easier to build strong children than it is to repair broken adults." Frederick Douglass

There are many reasons for litigation to occur following the death of a relative. Most often, an heir or perceived heir believes that they have been unfairly treated, either by the deceased or someone who has controlled the deceased or the estate of the deceased.

Situations we have seen include: a caregiver (could be a family member) influencing the deceased and obtaining money or possessions that would have gone to the family or other family members if the deceased had been of sound mind; a parent deciding to give more assets to one child than another; a parent controlling the distribution to one or more children in a manner disliked by the child(ren); the estate or trust of a deceased parent being mismanaged or not distributed to the children.

At Rolewick & Gutzke, the attorneys will try to counsel the heirs following a death, and if possible provide insight as to the deceased’s reasoning for special or unequal distributions. We encourage parents to speak with their children about the specifics of their bequests, or to clearly set up their estate planning so that there is no question as to intent.

Should litigation develop, attorneys at Rolewick & Gutzke can assist with the process and advise as to possibilities for success. Often, although negotiations with and agreement among heirs or beneficiaries may result in greater savings to the group, litigation is the only road to resolution and fairness.

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