Chicago Traditional Litigation Attorneys

Chicago Traditional Litigation AttorneysAdministering a person’s estate can result in a contentious battle between family members. At Peck Ritchey, LLC, we understand the struggles you face when a dispute arises after your loved one dies. You must cope with their death and settle all necessary matters within their estate plan. Encountering obstacles that delay the process can be overwhelming.

When someone close to you passes away, you might face the task of planning their funeral, paying off debts, and distributing their assets. The additional burden of a legal case is stressful and might be more than you can handle. You shouldn’t have to go through this devastating experience alone. Having an experienced legal team by your side to guide you through litigation can be beneficial.

Settling an estate dispute through mediation is often easier and cheaper than other methods. Unfortunately, traditional litigation becomes necessary if you can’t resolve the disagreements with other parties involved in the estate plan. Whether a creditor comes after the estate to repay a debt or you believe the deceased accidentally left you out of their will, you can pursue legal action.

The Chicago decedent’s estate litigation attorneys of Peck Ritchey, LLC are ready to represent you in your case and fight to protect your interests. We will stand by you in court and aggressively seek your desired outcome. Call us at (855) 328-5787 today for a free consultation.

Why Choose Peck Ritchey, LLC?

At Peck Ritchey, LLC, we have over 100 years of combined experience in traditional estate litigation. Whether you believe your loved one made a mistake while executing their estate plan or the executor failed to carry out their duties, you can count on us to help. We will review the circumstances and create a legal strategy to try to achieve your legal goals.

Lawsuits involving family are always emotionally charged situations. Despite how you might feel about them, you need to stand up for what’s right. Disputes commonly occur when a beneficiary doesn’t receive the property they think they deserve or a relative believes someone pressured the deceased into executing a legal document.

Peck Ritchey, LLC knows what it takes to get the job done. We work closely with our clients throughout the entire process. We will remain by your side during each step to guide and support you during this difficult ordeal. You will feel like a priority and receive open and honest communication until the end. Don’t make the mistake of handling your lawsuit yourself. Let us do the hard work on your behalf.

Elements of a Legally Enforceable Will

Chicago Traditional Litigation AttorneysTraditional litigation is often necessary if opposing parties can’t agree on a legal matter regarding a deceased person’s estate. If you want to contest the validity of a will or recover assets left to someone else, you could file a lawsuit. However, it’s crucial to understand what makes an estate plan enforceable.

In Illinois, the court can validate a will and authorize the transfer of property if it includes these elements:

  • The individual creating the will (testator) was at least 18 years old
  • There are valid signatures by the testator and at least two witnesses
  • The testator was of sound mind and had the mental capacity to understand what they were doing by executing the estate plan and the consequences of their actions

If one or more of these elements don’t exist at the time of executing the will and other estate planning documents, you might have grounds for litigation.

Grounds to Challenge a Will in Illinois

The court won’t accept your case simply because you don’t like the deceased’s decisions while drafting their estate plan. You must have substantial evidence that your loved one’s will isn’t valid. The most common grounds for disputing a will include:

  • Undue influence – You can challenge a will if there’s evidence of coercion or force against the deceased to write the will or distribute the assets in a way that doesn’t align with their wishes. For example, if you discover an estranged relative is a beneficiary, it could indicate that undue influence caused your loved one to draft the will that way.
  • Forgery or fraud – An improperly executed will is also grounds for legal action. The judge could declare the will invalid if the signature doesn’t meet legal requirements or it seems to be forged. You can also contest a will if it wasn’t signed by the necessary witnesses.
  • Lack of testamentary capacity – The testator must be of sound mind while executing their will. If there’s a lack of testamentary capacity, meaning they did not have the cognitive ability to know what they were doing at the time, the will isn’t valid. For example, someone with dementia might not be lucid and, in that state, wouldn’t understand what creating a will means.

If you believe you have grounds to challenge your loved one’s will, contact Peck Ritchey, LLC immediately. We can meet you for a free consultation and determine whether you have a case you can pursue.

Parties Allowed to Pursue Traditional Litigation

Only interested parties can file a lawsuit in probate court. An interested party is someone who represents someone who has or who themselves has a fiduciary status, financial interest, or property right in the estate that the proceeding, action, or power could affect.

Interested parties include:

  • Legatees
  • Creditors
  • Heirs
  • The personal representative of the estate
  • Any person entitled to a spousal or child award

The right to initiate or continue legal action against a will’s validity can survive and descend to any of the individuals involved in the estate plan, including:

  • Heir
  • Legatee
  • Representative
  • Grantee
  • An assignee of the person entitled to legal proceedings

You only have six months from the date the will enters probate to file your case in court. Once the deadline passes, you might not have another opportunity to challenge the will’s validity.

Contact Us

Peck Ritchey, LLC has a proven track record of success in estate litigation cases. We believe in fighting for what’s right and fair for our clients. You will receive personalized attention and services from the moment you hire us. We have the experience and knowledge to handle even the most complex legal matters.

If you face traditional litigation due to a dispute or issue with your loved one’s estate, contact us online or call (855) 328-5787 right now. One of our Chicago traditional litigation attorneys can review your case during a free consultation and advise you about the available options for reaching your desired result.


Testimonials

Attorney Kyle Fahey handled our matter with skill and professionalism, and was always responsive. 10/10, would work with him and the firm again.

–Jon T.

The peace of mind that Peck Ricthey’s office has given me is worth every penny. The services they provided me and my family in an emergency medical situation is beyond outstanding. Last minute notice, Peter Brady and team were compassionate, understanding and most importantly efficient and got the job done. Look no further if you have any needs that this office can provide for you. Definitely in good hands! Thank you, a thousand times over for all of your help.

–Christine K.

Very responsive and knowledgeable at handling our brother’s estate. Would definitely recommend!

–Ralph C.

I solicited Peck Ritchey, LLC for assistance with a living trust for which I became the beneficiary. I needed assistance with understanding the details of how it all worked. However, I was especially concerned because there were threats of allegations made by family members and a lawsuit was filed against me. I needed a solid professional who had my best interests in mind. Peter Brady took my case and he managed it flawlessly. He explained everything in a way I could understand, he knew the law inside and out, he was always available to answer questions, and even offer support when things seemed like they could become extremely problematic. In addition to this, he had a plan. He navigated the course as if he already knew the next move by the opposing attorney. He made me feel like everything was in control and that’s because he knew exactly what he was doing and he consulted with me about everything. We ended up settling out of court and ultimately the court officially dismissed the lawsuit. I honestly believe if it wasn’t for Peter and his expertise this could have gone in an entirely different direction. Peter did a stellar job and I couldn’t be more pleased and impressed with his performance.

–John T.

Tim Ritchey is as smart, honest, and genuine as they come. He truly puts helping people above making money. If you have a need, don’t hesitate to hire him.

–Jay T.

Due to the nature of our case, the law firm Peck Ritchey was recommended to us by another probate attorney for our Will contest. Kerry Peck and Kyle Fahey were very upfront and honest with us with respect to the potential outcome and the costs associated with their representation and any litigation. Although the chance of prevailing was minimal, a decision to move forward with their representation was made. They developed and executed upon a strategy that addressed our wishes for the best possible outcome and they delivered! We could not be happier. Both attorneys are extremely good listeners and communicators. Further, the team supporting them has been very accommodating to our needs. We would highly recommend this firm.

–Sandy K.

Tim and his staff was very helpful with my estate planning. I appreciated his thorough nature. I would recommend Peck Ritchey to others looking for estate planning.

–M.S.

My experience was flawless and very professional. Would highly recommend.

–-N.S.

I worked with Jesse Footlik and he was great! He was so easy to work with, explained our options clearly, and had true heart for the matter. I could tell he cares about the people he works with, and searches for solutions that will fit best with their circumstances.

–L.K.

Tim and his team exude professionalism, timeliness, and have a unique dedication to client needs. It is a pleasure working with them. For estate planning, succession planning, or just a general factfinding conversation about what they may be able to do for you, there is no one better in the area.

–S.H.

Kerry Peck with Kyle Fahey did outstanding work helping settle a difficult, complicated, contentious and sensitive personal matter. They were available by phone, email and text at all times during the day, night and weekend to quickly resolve the matter with the best outcome possible for their client. Thank you!

–S.S.

I cannot say enough wonderful things about this firm. The professionalism, knowledge, skills, attention to details, and constant updates were above my expectations. And the bonus was having a better outcome than I could have imagined. Jesse & Nick managed an emotional and difficult situation with care and respect. They are a top-notch team with excellent customer service and have very fair and reasonable prices. I would not hesitate to use this firm for any of your needs.

–Debbie M.

Peck Ritchey did an excellent job of resolving a very difficult estate matter.

–Scott S., Barrington Hills, IL

Thank you so much for your consistent attention to our case this past year. We were fairly small potatoes, yet you actually ‘got back’ and stayed on it. There were times when the government seemed to drop the ball more than my little league outfield, but my attorney was there. I realize that you actually went beyond the scope; I truly do appreciate your work.

–Kirt G., Chicago, IL

My family is so grateful for the positive outcome in my mother’s guardianship trial that had divided our family. Tim Ritchey and the Peck Ritchey team were very professional and thorough in stepping up in an emergency situation and preparing for trial. Peck Ritchey provided us with the peace of mind that my mother will be cared for throughout the rest of her life.

–Kevin G. Chicago, IL

Peck Ritchey both represents us defending our funding decisions, but also represents the best in leadership and support for issues that can change the quality of life of older persons. We are grateful that we are represented by a group of thoughtful and skilled experts on the law, and great colleagues in making the law work for our older clientele.

–Jon L., Oak Park, IL

I was Legal Guardian and Executor for mother who had passed away 12 years ago. There were two wills. One my mom wrote and another an aunt forced her to change while she had dementia. My former attorney advised me to pay the surety bond for all these years. He lost the original will and the file and closed down his office. My brother who was on SSI was still living in my mother’s apartment, and the estate was left to my mother’s four children. One sister wanted us to buy her out. She was impossible. Peck Ritchey worked with sister’s attorney, helped my brother and closed the estate with all its complications in a few months. We were all concerned that this would turn into a legal mess but they were true professionals, kind, caring and answered all our questions. This the law firm you want on your side. I highly recommend them regarding estates, legal guardianships and drawing up wills.

–Ellie W., Chicago, IL
Accolades to Peck Ritchey (in particular, Ron Webb), for handling our estate issues professionally and expediently. We connected after attending a very informative presentation on estate planning, offered to retired educators. Everything was explained thoroughly, encouraging us to seek Ron Webb’s assistance and expertise. Thank you for a valuable experience and for giving us peace of mind for the future.
–Myrna B., Palos Heights, IL

Peck Ritchey was there with great advice when my family most needed it the most. They got my daughter’s guardianship done on time, and referred us to an expert social worker so we could get her cases through the complicated government systems. The social worker found that the trust put together by others were not in order. Peck Ritchey made new trust documents or amended existing trusts as needed and improved other existing documents. What I appreciate most is they explained it in plain English so I could understand what had to be and what has been done. I am grateful for everything they did and how they did it!

–Victor O., Chicago, IL

Very professional handling of my mother’s estate. Ron was there every step of the way and so were his paralegals I might add – from coming to Rush University when my mom was too sick to come to the office, and taking my phone calls, and always answering my questions, I can’t thank him enough! I am truly grateful for the wonderful experience with Peck Ritchey especially since it is already stressful enough when a loved one is ill. Thank you so much! We will be using your firm for our own estate planning in the very near future, I would definitely recommend Peck Ritchey.

–Brenda S., Crystal Lake, IL

Peck Ritchey’s guidance in planning my affairs was practical and easy to understand. They drafted a plan for me that was complete and would grow with me as my future needs develop. I feel confident that our planning would handle any situation that could arise and that if an unforeseen event would occur, Peck Ritchey would be accessible to swiftly handle any additional work.

–Mike T., Highland Park, IL

Thank you so much for all of your work and time you spent in facilitating the purchase of our first home. I know we provided you with a short deadline and we appreciate both of you making it happen. The Escrow Officer commented on how seamless everything was for our close. We are extremely grateful for all of your effort. Thank you again!

–Steve T and Anna C

Kerry Peck and Jesse Footlik represented me in an extremely complex and litigious trust dispute involving numerous parties. After several years of litigation, the case was settled with a very successful outcome.

Kerry and his team of diligent attorneys help develop creative and detailed strategies that proved to be an excellent solution and produced the results I was hoping to achieve. During the duration of the lawsuit, communication with the attorneys was timely and thorough. Their passion and attention to detail was genuine and unwavering during the entire ordeal. I was very fortunate to have the Peck Ritchey team for representation and it was a great experience working with them. Knowing that the stakes were extremely high in the trust dispute Peck Ritchey, LLC was the right firm to handle a litigious case of this magnitude.

–Harvey C, Chicago

I wanted to express my gratitude to you and your firm’s generosity for providing pro bono legal counsel for a client of mine. Brandon Peck and Kyle Fahey both provided excellent legal representation to an older client who did not have the financial resources for retaining private legal representation and could not obtain any pro bono legal representation from any agencies that support victims of domestic violence. Your firms generosity and willingness to assist a client in need is greatly appreciated. The outcome was what my client hope for and knowing that she will remain safe in her home was the best result. Thank you for the support and services your firm provided to the Adult Protective Service program at North Shore Senior Center.

–Holly Lichtman, LCSWProgram Supervisor, Adult Protective Services

If you want a great experience with your estate planning needs, then you owe it to yourself to visit with Ron Webb at Peck Ritchey.

He explained all the intricacies of optimizing our estate planning needs in a knowledgeable and very friendly manner. It was truly a pleasure working with him and the staff at Peck Ritchey. We highly recommend their services.

–Larry and Judy F., Crystal Lake, IL

We would like to express our sincere gratitude to Kerry Peck and Jesse Footlik for the professional and courteous manner in which Peck Richtey have assisted us during the past couple years. You will never know how much it meant to us.

–Kathy S from Champaign

I was referred to Peck Ritchey by a former judge after he heard the problems I was having in my case with my first attorney. Kerry Peck and Tim Ritchey are experienced and professional litigators who helped turn my case around for me. I wish I would have gone to them first. They helped me in a contested will and trust matter and were exceptional. I would recommend them highly for any estate, will, or trust matter!

–J.F., Chicago

We were extremely impressed with Peck Ritchey’s representation of us in complex litigation involving contested deeds, powers of attorney, and hundreds of acres of family farmland. Kerry Peck and Jesse Footlik were steadfast in their commitment to winning our case, which ultimately resulted in a tremendous settlement for us. Although our case was located in “downstate” Illinois, Kerry and Jesse’s timely and thorough communication made us feel like their office was right next door. We could not be more pleased with their services and the outcome of our case.

–K.S and K.S., Edgar County, IL

When my Mom passed, I discovered that a family member had changed Mom’s will after she had dementia. For almost two years, I worked closely with Tim Ritchey and Kyle Fahey. They presented such a compelling case and clearly had no fear of taking it to trial, that the opposing counsel caved on the day of trial. With his outstanding negotiating skills, Tim was able to balance just the right amount of pressure, patience, and professionalism to give us a substantial advantage at the settlement table. In addition to the huge settlement we won, I am so grateful to Kyle and Tim for their thoughtful, compassionate and dedicated approach to such a sad family conflict.

–S.W.

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