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Estate litigation can arise for a number of reasons. Generally speaking, you have one or more parties who are either unhappy or distrustful of what is happening in the estate. Perhaps they believe something was done fraudulently, or some other act of wrongdoing has occurred, so they want to bring a claim before a judge to address the issue.
Many claims can be resolved through effective communication. As the attorney, I believe it is important to try to resolve claims at the lowest cost possible and as quickly as possible. However, it never really feels quick because estate litigation takes time to get through all the necessary questions.
The difficult thing about estate litigation is that it’s hard to predict how long it will take. An attorney should focus on resolving issues collaboratively, where both sides agree on a solution, to avoid spending additional time, energy, and money on ongoing litigation.
Niles, IL estates & probate attorney Dana Zivkovich talks about the issues that commonly give rise to estate litigation. She explains that estate litigation may arise for various reasons, often when one or more parties are dissatisfied or suspicious about how the estate is being managed. Concerns may include allegations of fraud or other forms of wrongdoing, prompting the need to bring the matter before a judge for resolution.
She emphasizes that many disputes can be addressed through effective communication. In her view, it is important to resolve claims as quickly and cost-effectively as possible. However, estate litigation is inherently time-consuming, as it requires addressing numerous questions and details along the way.
A key challenge in estate litigation is the uncertainty surrounding how long the process may take. For this reason, she believes attorneys should prioritize collaborative solutions, encouraging both sides to reach an agreement when possible. This approach helps avoid unnecessary time, expense, and stress associated with prolonged litigation.
