Reasons You Might Need Chicago Litigation Attorneys

Chicago Guardianship LawyerMost people think that they’ll never have a need for Chicago litigation attorneys. After all, they think that Chicago litigation attorneys are exactly what they see in the movies and legal television dramas. However, there are plenty of reasons that you might need Chicago litigation attorneys. While most lawyers hope that mediation works and that a court appearance isn’t actually necessary, here are a few different reasons why you might need Chicago litigation attorneys.

Consider Chicago Litigation Attorneys For A Contract Dispute

If you’re heavily embroiled in a contract dispute, going at it alone just won’t cut it. You’ll need an experienced lawyer on your side. Whether your problem stems from an employment contract, disputes between business partners or contracts between two businesses. A good lawyer will be able to decipher just what’s inside the contract so you can settle the dispute as quickly as possible.

Find Chicago Litigation Attorneys To Dispute A Will

The time immediately following a loved one passing away is quite difficult, especially if your loved one left a will that you feel was drafted under duress. If your loved one left a disproportionate section of their estate to someone you don’t feel they know well, it might be a good idea to use Chicago litigation attorneys to contest it. An experienced litigation lawyer will be able to see if contesting the will can be successful. Although there’s no guarantee, a lawyer with experience can usually have a rough idea whether or not the contestation will be successful.

Chicago Litigation Attorneys Can Help With A Neighbor Dispute

What do you do if you can’t resolve neighbor disputes in a neighborly manner? Whether your dispute is over property lines, a fence that needs to be repaired, animal control issues (including dog bites) or an unsafe tree that needs to come down, Chicago litigation attorneys can help. Although suing a neighbor is likely the last thing you want to do, it’s sometimes necessary to avoid being harassed in your own home.

Consider Chicago Litigation Attorneys For Divorce And Custody Issues

If your marriage is breaking up and you don’t think that you and your former spouse will be able to resolve these problems amicably, you’re probably headed for court. Chicago litigation attorneys will be able to properly represent you in court so that your interests are protected. Look for lawyers who are experienced in family law so that you’re getting the very best representation possible.

These are just a few of the hundreds of situations that could call for Chicago litigation attorneys. If you’re not sure whether your case requires the assistance of Chicago litigation attorneys, contact the experienced lawyers at Peck Ritchey, LLC. They’ll be able to take a look at your case and work with you to decide whether it is something that you’d like to pursue in court.

Estate Arguments: When Should You Contact a Probate Attorney?

Estate PlanningThere can be a myriad of factors the can cause a dispute over a deceased person’s estate.

Perhaps there is an issue with the will. Do you suspect it was signed under questionable circumstances, like after a diagnosis of Alzheimer’s disease? A Chicago probate attorney can investigate the legitimacy of the will to help ensure that the rightful beneficiaries obtain what was promised to them. The attorney will go to probate court to contest the will and then inspect if it is valid.

It takes a while to file the necessary paperwork, close accounts, and sell off property after an individual passes away. Estate administration is a time consuming and tedious process. Sometimes, unfortunately, the person responsible for handling the distribution of a deceased person’s property and assets may not be qualified; other times he may take money for himself instead of distributing it to the rightful beneficiaries. If you are an heir or beneficiary of a person who passed away, and suspect that something isn’t right, it would be well advised to consult with a Chicago probate attorney.

A probate attorney can challenge any aspect of a decedent’s estate. Probate lawyers can get the court to step in to supervise the administration of the estate. This would mean that an inventory would have to be made as well as an accounting of all the financial transactions. This will better allow the court to see if there are any improprieties or mistakes in handling the deceased person’s final accountings. This would also force the administrator to get permission from the court to do anything related to the estate; the administrator would have to get the court’s permission to sell off property, give away assets to beneficiaries or to close accounts.

After a loved one dies, it can often be a trying time for anybody close to that person. If you are questioning or arguing with family and friends about the deceased’s final wishes, then it’s time to connect with a Chicago probate attorney. Peck Ritchey, LLC’s attorneys will provide a free 30-minute phone consultation. Put your mind at ease and call (855) 328-5787.

What Can A Chicago Litigation Attorney Do For You?

litigation lawyers ChicagoTelevision and movies give Americans a somewhat misguided view of what a Chicago litigation attorney actually does. Before you find a lawyer to take a case, learn about the process your attorney will go through during your suit. Knowing what to expect from your attorney during each step of the process can help ensure that your experience is a positive one.

First, Know How To Hire A Chicago Litigation Attorney

Before you can even start a case, you need to make sure you have the right Chicago litigation attorney. You should make appointments with a number of lawyers in your area for a consultation. This first visit is usually free of charge, but some attorneys do charge a small fee for a consultation. During this visit, you’ll be asked to explain your case, as well as ask the attorney any questions about what you can expect during the trial. Beware of any attorneys who promise a specific outcome or judgment on your case. It’s highly unlikely that they’ll be able to accurately predict a judgment, but it’s not unheard of for an attorney to expect to win if your case is a strong one.

How Your Chicago Litigation Attorney Will Investigate

Once you’ve hired a Chicago litigation attorney, the next step he or she will take is to investigate. Your attorney will interview you extensively, as well as gather witness statements to learn about all the aspects of the suit. During this time, your lawyer will probably meet with the other party’s attorney to discuss a settlement amount. If both sides reach an agreement, the case will be considered closed and a trial will not take place.

How Your Chicago Litigation Attorney Will Approach Discovery

Discovery is the next step for a Chicago litigation attorney. In this stage, your attorney will be able to ask the opposing party’s legal team for any documents that are important to the case. However, there are certain documents that are protected from discovery and do not need to be turned over. These include privileged information and work product.

The Pre-Trial And Trial Periods

During the pre-trial period, your Chicago litigation attorney will find expert witnesses and work out a plan for the trial. However, if your case is civil one, a trial is unlikely to take place. Many times, the attorneys reach a settlement agreement well before the trial occurs. This does require both sides to agree on the outcome. Once this occurs, the case is considered closed.

Although a Chicago litigation attorney isn’t quite what the movies and television depict, they are still a very necessary part of the legal community. If you suspect that you have a case, it’s a great idea to meet with an experienced Chicago litigation attorney at Peck Ritchey. We will help you determine if you should pursue your lawsuit and move forward. Peck Ritchey does offer a free initial consultation, so be certain to contact us if you’re in need of our specialized services.

Will Contests

Depending on when a will was written there are often questions or disputes over the estate and final wishes of the family member who passed away. Perhaps the will document is 30 years old and didn’t account for a new business or updated beneficiaries.  Or maybe a will was drafted 30 days ago, but the person had Alzheimer’s disease.

In either circumstance, litigation will likely be the end result.

Chicago elder law firm Peck Ritchey, LLC handles disputed accountings, recovery of assets, claims, heirship disputes, and scores of other potential estate or guardianship litigation. The attorneys of Peck Ritchey, LLC are recognized leaders in estate, trust and guardianship litigation. For example, Kerry Peck was asked by the Illinois Institute of Continuing Legal Education to author chapters on Will Contests and Guardianship.

What can you expect when contesting a will?

Once you hire a litigation attorney, he or she files the appropriate paperwork.  Then in discovery your attorney will gather information to determine the validity of the dispute; this can include depositions and subpoenas for various documents.

There are several possible outcomes of a will contest, including going to trial, settling out of court, having the case dismissed or voluntarily withdrawn.  Having an experienced litigation lawyer on your side is essential to help ensure your loved one’s final wishes are met.

If you are questioning any aspect of your family member’s will, contact a Chicago litigation lawyer at Peck Ritchey, LLC for a complementary 30 minute consultation at (855) 328-5787.

Understanding What Your Chicago Litigation Lawyer Will Do For You

If you’re like most people, filing or being named in a lawsuit is a nerve-wracking time. You are entering uncharted waters with no idea what the outcome will be or how far the case will go. What you want most is a qualified litigation attorney by your side to support you through this trying time. Understanding what your Chicago litigation lawyer is doing on your behalf can go a long way toward easing your mind about the litigation process and the role of the attorney.

Understanding What A Chicago Litigation Lawyer Does

Peck Ritchey’s Litigation lawyers handle civil lawsuits. They file lawsuits and carry them through the legal process. A Chicago litigation lawyer may or may not carry the case all the way to a trial. In fact, the vast majority of litigation cases are settled out of court and never make it to the trial court.

A Chicago litigation lawyer from Peck Ritchey handles the case from beginning to end. After they submit the initial filing, a litigator gets to work gathering evidence, researching case law and developing the case. For plaintiffs, this involves proving that you have suffered a loss in some way. For defendants in Chicago, a litigation lawyer will examine the evidence against you and develop a defense. These attorneys can interview witnesses and take statements, gather documents and conduct fact-finding searches to support their case. Much of their work is done outside of the courtroom and it is not at all uncommon for a litigator to never set foot inside a courtroom or present in front of a judge and jury. Most of their work is done via the phone and through written correspondence. Successful Chicago litigation lawyers are very detail oriented and familiar with the ins and outs of legal filings and motions.

Don’t be surprised if your lawyer recommends settling out of court. It’s very, very common for litigation cases to be settled this way and does not mean your case isn’t valid. Settling out of court is just one alternative to going to trial. It’s usually quicker than going to trial and both parties can still come to an agreement.

If a case does go to trial, the litigator will prepare it for presentation in court by gathering evidence, preparing witnesses and developing arguments and statements. At trial, your attorney will help select the jury and present the case in court, question witnesses and present evidence. They will help work out the settlement and can file an appeal if you lose your case.

The Specialization Of Litigation Lawyers

A Chicago litigation lawyer typically specializes in one or two areas of law, concentrating his or her practice almost exclusively on cases falling into these areas. Before hiring a Chicago litigation lawyer, you’ll want to learn what areas of law they specialize in and make sure it fits your needs. A Chicago litigation lawyer with the appropriate background and knowledge is crucial to the success of your case.

You will find a qualified and respected Chicago litigation lawyer covering all aspects of probate, trust and guardianship litigation at Peck Ritchey, LLC. Contact us at (855) 328-5787 for more information about our litigation services covering all aspects of elder law.

Our Probate Attorneys Are Also Litigation Lawyers For Many Reasons

Wouldn’t it be wonderful if you never needed a litigation attorney in Chicago, even to settle the estate of a loved one? Unfortunately, in today’s world, Chicago probate attorneys increasingly have to defend estates in court because of improper paperwork, family disputes and other complications. At Peck Ritchey, our Chicago probate attorneys are also experienced litigation lawyers so that they can properly represent any estate, trust or guardianship in court. Their familiarity with case law and legal precedents make them ideally suited to handle contested wills and a variety of other estate problems.

For Handling A Contested Will, Litigation Attorneys In Chicago Are Crucial

If someone you care about has died and left a valid will behind, Chicago probate attorneys can file all the necessary paperwork and push the estate through the courts in a relatively short time frame. If the document may be invalid or if a family member contests the will, a litigation attorney in Chicago will probably be needed to handle the complexities of the situation. Fortunately, our probate attorneys are also litigation lawyers. They can investigate the situation and determine whether the will was executed properly, whether the executor is able to discharge his duties effectively, or if someone was mistakenly left out of the estate.

There are any number of reasons to contest a will or question an estate and a Peck Ritchey litigation attorney in Chicago will be familiar with all of them, including accusations of fraud, the presence of multiple wills and improperly filed paperwork. By working with our Chicago probate attorneys, you can ensure that any problems are being handled by a properly qualified litigation attorney as well.

Our Probate Attorneys Are Familiar With Trust Problems

When the deceased has already created a trust prior to his death, you may find that it outlines inheritance issues clearly, but this isn’t always the case. While a trust is a great way to protect an estate, it isn’t always set up clearly or it may not be valid for a number of reasons. If the estate says that a particular person should inherit but that heir has died, alternative heirs will probably step forward suggesting that they should be the ones to inherit. Or you, as the administrator of a loved one’s trust, may be challenged in court if someone feels that you can’t properly handle the estate or if they believe you have abused your position. In any of these situations, being represented by a litigation lawyer in Chicago is essential.

The Complexities Of Guardianship

The guardianship of minors is a critical issue when parents pass away. In many instances, young parents haven’t left behind clear instructions in their estate, if they have planned at all. If the parents haven’t designated who they want to raise their children in the event of their death, a court battle could ensue, particularly if two or more people want to become the guardians of the children. In any situation where child custody is involved, a litigation attorney in Chicago can represent your case effectively and protect the interests of the children. There are several reasons to dispute the designated guardian including an out-of-date will, the incapacity or abuse by the designated guardian, or an estate plan that neglects to mention some of the minor children.

Because Chicago probate attorneys often have to deal with complex legal issues in court, every one of Peck Ritchey’s probate attorneys is also an experienced litigation lawyer. In this way, we can protect the rights of the heirs while successfully handling the probate of every estate we represent.

Litigation Attorneys Can Help You Avoid Elder Law Litigation And Protect Your Family

Watching someone you care about deteriorate as they age can be heartbreaking, particularly if they are a family member struggling with declining health or diminished mental capacity. If someone you love is suffering from poor quality of life, be sure to investigate the circumstances to ensure they aren’t the victim of elder abuse. In many cases, the perpetrator is a family member or trusted adviser such as a financial consultant, health care worker or the staff of an adult day care or nursing facility. In Chicago, elder law is designed to protect the elderly, but it doesn’t work unless you pursue a case. If you discover that someone is abusing your loved one financially, physically or emotionally, be sure to talk to a litigation attorney in Chicago about appropriate legal action. Peck Ritchey’s Chicago litigation attorneys are well-versed in all aspects of litigation centered on elder law in Chicago and can advise you on how to proceed.

Elder Law In Chicago Addresses Financial Concerns

Although most people think of abuse as physical or emotional, financial abuse is most common with the elderly. Financial advisers or family members may take advantage of their position in order to benefit financially if they have power of attorney or they are handling bank accounts or investments. Coercing an elderly person to change their will or hand over money or sign away investments are all examples of elder abuse that could require the attention of Chicago litigation attorneys. If you believe that someone is mishandling your loved one’s finances, a litigation attorney in Chicago can help. A simple audit can be done by having one of our Chicago litigation attorneys contact the trustee’s office or file for emergency power of attorney. If things get complicated, a litigation attorney in Chicago can file a lawsuit on behalf of the person you suspect is being abused.

Health Care Disputes: How A Litigation Attorney In Chicago Can Help

If your loved one has designated an advocate to oversee their health care but you suspect that the advocate isn’t acting in their best interest, have a serious talk with the person you care about. Ask if their health care is sufficient, whether they are seeing a doctor they are comfortable with and determine whether their care is adequate. Chicago litigation attorneys also often see elderly clients who are being abused physically or emotionally by specific healthcare workers. Any kind of medical or health care neglect is considered abuse under elder law in Chicago.

Shielding someone you love from abuse requires vigilance on your part. Be sure you stay informed and know who is taking care of healthcare decisions for them. Talk to a litigation attorney in Chicago if you believe someone isn’t providing proper healthcare to your elderly loved one. A Chicago litigation attorney from Peck Ritchey can file for temporary guardianship under elder law in Chicago if there is evidence of abuse or neglect. He or she will also be able to remove the advocate from their position and sue them for compensation.

Be Proactive – Talk To A Chicago Litigation Attorney Before Neglect Or Abuse Is Evident

Elder law in Chicago is always evolving and changing, so consulting with a litigation attorney in Chicago is an excellent way to protect your elderly loved one. The Chicago litigation attorneys at Peck Ritchey keep current with any elder law changes and can help you and your loved one with estate planning, preparation of a power of attorney and the writing of a will. We will ensure that your loved one’s rights are respected and that no one will coerce them into signing documents or handing over control of their finances to someone inappropriate.

A consultation with an attorney specializing in elder law in Chicago is an excellent way to help your loved one prepare their estate and designate who will be in charge of end of life decisions and other crucial matters. The best time to meet with Chicago litigation attorneys on behalf of your loved one is before they are seriously ill or unable to make decisions for themselves.