Addressing Common Trust and Estate Disputes

James R. Carey is a Chicago attorney with more than 29 years of experience. As a partner at Levin Schreder and Carey, Ltd., he focuses on resolving a variety of family law issues, including disputes over trust and estate matters.

Trust and estate planning provides individuals and families with a number of benefits regarding distribution of assets and wealth. Unfortunately, several legal disputes can still arise regarding aspects of an estate plan or the manner in which a person’s will is executed. Common problems range from disputes involving the distribution of property to improper execution of an estate plan following unexpected incapacitation or disability. There are several steps a person or family can take to ensure that their estate plan poses as little confusion and conflict as possible.

One step involves finding a trusted, experienced executor, or removing the executor of an estate plan that has been improperly handled. In certain cases, impacted parties may be eligible for monetary compensation for damages incurred, or courts may need to intervene and redistribute property in accordance with the will. Of course, estate planning, like all forms of family business law, is complex and personal. In some cases, family discussions and informal negotiations can be all it takes to resolve a dispute.

That said, individuals and families are advised to draft, maintain, and carry out estate plans under the guidance of an experienced estate attorney.