Trust and Estate Litigation Attorneys

Estate Administration Attorneys

When dealing with the death of a friend, family member, or loved one, it is easy to feel overwhelmed with various emotions. Grief, of course, is often one of the strongest emotions associated with the death itself, but dividing a loved one's estate may also cause family anger and in-fighting. While many of these feelings may be heightened by the recent death, others are based on legitimate concerns regarding the handling of the estate. At Rolewick & Gutzke, P.C., we provide thoughtful representation for estate administrators, trustees, beneficiaries, and others in matters of trust and estate litigation.

Founded in 1979 by David Rolewick, our law firm is dedicated to protecting the rights of clients in DuPage County and the rest of Northern Illinois. With our knowledge of the law and personalized approach, we are equipped to assist clients in challenging or defending the administration of a loved one's estate when necessary. We are also prepared to help executors, trustees, and other appointed fiduciaries carry out their duties as directed by the decedent.

Estate Litigation

Most trust and estate litigation matters arise when an heir or an assumed heir believes that he or she has been treated unfairly in a recently revealed estate plan. The party who initiates the action typically believes that he or she should be entitled to a particular asset or portion of the estate, but the decedent or a person acting on the decedent's behalf inappropriately denied the party his or her inheritance.

At Rolewick & Gutzke, P.C., we have handled trust and estate litigation cases caused by:

• Undue influence by a caregiver on a decedent to make changes to an existing estate plan or other types of elder abuse
• Family conflicts, including a parent giving more of the estate to one child than to another
• Mismanagement of the estate and of established trusts
• Contested probate
• Contested estates
• Contested trusts
• Estate plans created by individuals who were not of sound mind

It is important to understand that a distribution of assets that is unequal or that seems unfair is not always grounds for a lawsuit. At our law firm, our first step in such cases is to meet with the heirs and, if possible, offer insight regarding the decedent's reasoning or motivation. If, however, there are indications of fraud, undue influence, lack of testamentary capacity, or mismanagement by a fiduciary, we are prepared to take appropriate action.

Experienced Lawyers for Estate Litigation

The attorneys at Rolewick & Gutzke, P.C. understand that litigation regarding a loved one's estate has the ability to tear families apart. While we work to find solutions that meet our clients' needs, we are also conscious of the bigger picture. We believe that negotiation and compromise may provide a path to resolution in most cases, but we know that litigation may sometimes be the only option. If courtroom proceedings are necessary to protect our clients' rights or those of their deceased loved one, we are prepared to advocate on their behalf while protecting their family's privacy and dignity.

Call Us Today

If you are dealing with estate-related concerns and would like to know more about how we can help, contact our office. Call 630-653-1577 for a free 30-minute consultation at Rolewick & Gutzke, P.C. today. We are proud to serve individuals and families in Wheaton, Warrenville, Carol Stream, Downers Grove, Glen Ellyn, St. Charles, Geneva, Kane County, and DuPage County.