Trust and Estate Litigation
Trust and estate litigation involves resolving conflicts related to wills, trusts or the management of an estate.
Even the most carefully crafted estate plans can be challenged. Trust and estate disputes often arise during vulnerable and uncertain moments—after the passing of a loved one, or when a decline in mental capacity brings questions about decision-making and influence.
At Stern Mendez, we understand these disputes go beyond legal proceedings; they’re sensitive situations involving grief, family dynamics, honoring wishes and preserving a legacy. If you or your family is facing conflict over a loved one’s trust or estate, our experienced attorneys are here to help. Our goal is to resolve every case efficiently and thoughtfully, while minimizing the emotional and financial strain on everyone involved.
What are examples of trust and estate litigation?
- Will contests – When a family member or beneficiary challenges a will claiming undue influence, fraud, lack of capacity or improper execution.
- Trust disputes – These typically involve two or more beneficiaries disagreeing about how a trust should be interpreted, whether certain assets should be included and how those assets are allocated.
- Breach of fiduciary duty – When an executor fails to notify an heir about estate proceedings or makes questionable financial decisions that harm the estate.
- Disputes among beneficiaries or heirs – Commonly seen among family members or beneficiaries who disagree about how personal property divided.
- Misuse or mismanagement of estate or trust assets – When a trustee uses funds in a way that violates established terms.
- Removal or replacement of fiduciaries – A request to remove a trustee who is unreliable or has failed to carry out their responsibilities.
- Guardianship or conservatorship challenges – Disputes regarding who should serve as a guardian for a family member who can no longer manage their affairs.
Trust and estate litigation disputes vary in nature. We represent a range of clients, including beneficiaries, fiduciaries (trustees, executors or personal representatives), heirs, charitable organizations named in an estate plan and concerned family members.
Our Approach
Trust and estate litigation can be highly technical—but it’s also highly personal. Our experienced estate planning and probate litigation attorneys combine their deep knowledge of the law and courtroom experience with grounded advice and collaborative communication. While we are fully prepared to advocate in court when necessary, we also understand that many families prefer to address contested matters privately and amicably.
When appropriate, we help clients explore alternatives to litigation, including family settlement agreements—customized, legally binding arrangements that allow beneficiaries and fiduciaries to resolve disputes out of court. These agreements can preserve relationships, protect privacy, and result in more flexible and creative outcomes than a court might impose.
Contact Our Trust and Estate Litigation Attorneys Today
You can schedule a free consultation online or call us at (847) 868-9584. Our attorneys welcome the chance to meet at our Evanston office in the Davis Center, or at our offices in Chicago, Lake Forest or Oak Brook.
