Practice Areas

Issues arise during the administration of a decedent’s estate or trust. The Attorneys at Kogut & Associates have successfully represented clients with contested probate estate and trust issues for over forty years. We strive to assert and protect our clients’ rights and interests in estates or trusts, and, when necessary, to either defend or challenge documents or transactions that affect our clients’ interests.

Estate and Trust Litigation

During the course of the administration of an estate or trust issues often arise. Our Attorneys have an in-depth knowledge of the substantive law and procedures applicable to probate estate and trust disputes and have assisted Trustees, Executors, Administrators and Beneficiaries in handling various contested issues, including:

Will & Trust Contests

A will or trust contest seeks to invalidate an individual’s will or trust. A will or trust can be invalidated on several grounds, including, but not limited to, lack of testamentary capacity, undue influence, forgery, fraud or revocation. 

Over the years, our Firm has successfully represented both Executors and Trustees in defending against a will or trust contest to ensure that an individual’s true intentions are upheld. In addition, Kogut and Associates has also positively represented beneficiaries in challenging a will or trust when the circumstances suggest that an individual’s will or trust does not reflect his or her actual intentions.

Citations to Discover or Recover Assets

A citation proceeding looks to identify and possibly recover misappropriated assets into an estate. Our Firm represents and defends clients in connection with citation proceedings. Over the years, our Attorneys have successfully represented Executors, Administrators, and Beneficiaries in recovering millions of dollars into estates. The recovered funds are then distributed to an individual’s intended beneficiaries. 

A citation proceeding is especially applicable to situations involving allegations that a fiduciary breached his or her fiduciary duty to the decedent during the decedent’s lifetime by misappropriating the decedent’s assets for the fiduciary’s own benefit. A fiduciary is an individual who holds a legal relationship with one or more individuals, such as an agent under a power of attorney or a trustee of a trust. A fiduciary relationship is based on trust and confidence. 

Kogut & Associates has successfully represented Executors, Administrators and Beneficiaries in holding fiduciaries accountable for the misappropriation of a decedent’s assets and recovering those assets into the estate. Our Attorneys have also achieved positive results in defending fiduciaries against unfounded allegations.

Additional Contested Estate and Trust Issues

Our Attorneys are also experienced in handling a variety of other contested estate and trust issues, including: actions for breach of contract to make a will; seeking the admission or denial of a lost will; will or trust construction issues; complex heirship matters; contested claims; estate or trust accounting issues; and contested surviving spouse’s awards.

At Kogut and Associates, our Attorneys are prepared to assert and protect our clients’ rights and interests.

Estate and Trust Administration

Our Attorneys have extensive experience representing clients in the administration of a decedent’s probate estate or trust. Our Firm represents Executors, Administrators, Trustees, Beneficiaries and Creditors in assisting with all issues associated with the administration of a decedent’s probate estate or trust. 

The administration of each estate or trust is unique. Our goal is to promptly and efficiently guide our clients through all phases of the administration process in order to complete the administration as soon as possible and have the assets distributed to the beneficiaries in a timely manner.

Probate Estate Administration

In Illinois, if the value of a decedent’s probate assets (excluding real estate) exceed $100,000.00, probate proceedings are required. A probate asset is any asset that is owned solely by a decedent that does not pass by a beneficiary designation, including, but not limited to, real estate, personal property such as jewelry or cars, bank accounts, brokerage accounts, and stocks or bonds. 

In some situations, a decedent’s only probate asset may be real estate. When this occurs, a formal probate estate is usually necessary. However, certain circumstances may allow a decedent’s real estate to be transferred without formal probate proceedings by use of a bond in lieu of probate, which can be discussed during an initial consultation with our Attorneys.  

During the general administration of a decedent’s probate estate, all of the decedent’s probate assets are identified and collected. Next, the decedent’s debts, taxes and expenses are paid or resolved.  Finally, the remaining probate assets are distributed to the lawful beneficiaries pursuant to either the decedent’s will or the Illinois intestacy statute.

Trust Administration

In many instances, a client may need to open a probate estate in order to collect a decedent’s probate assets into a decedent’s trust. In certain circumstances, if a decedent’s living trust was properly funded during the decedent’s lifetime, formal probate proceedings to transfer an individual’s assets into the trust may not be necessary. Even if a probate estate proceeding is unnecessary, a successor trustee will still need to ensure that all of the assets were properly collected, identify all of the decedent’s potential creditors, confirm that the decedent’s debts, taxes and expenses are paid or resolved, and then distribute the trust’s assets to the named beneficiaries.

Small Estate Administration

In certain situations, formal probate estate proceedings can be avoided by the utilization of a Small Estate Affidavit. A Small Estate Affidavit is appropriate when a decedent’s probate assets (excluding real estate) total less than $100,000.00. A Small Estate Affidavit allows a decedent’s beneficiaries to collect the decedent’s assets, pay the decedent’s debts or creditors, and have the remaining assets paid to the decedent’s beneficiaries pursuant to either the decedent’s will or the Illinois intestacy statute. 

A Small Estate Affidavit cannot be used to transfer a decedent’s real estate to the lawful beneficiaries. However, certain circumstances may allow a decedent’s real estate to be transferred without formal probate proceedings by use of a bond in lieu of probate. Our Attorneys can review a decedent’s asset information and guide a prospective client on whether formal probate proceedings can be avoided by use of either a Small Estate Affidavit or a bond in lieu of probate.

Please contact Kogut & Associates today or call us directly at (630) 472-2060 to set up a consultation to discuss your case.