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List of Forms by Chapter - Chapter 1 — Challenges to Taking
- I. [1.1] Cause of Action
- II. [1.2] What Law Controls
- III. [1.3] Elements
- IV. [1.4] Relevant Standard Jury Instructions
- V. [1.5] Statute of Limitations
- VI. [1.6] Parties
- VII. [1.7] Special Considerations
- VIII. [1.8] Remedies — Special Issues
- IX. [1.9] Checklist for Complaint
- X. [1.10] Affirmative Defenses Specific to Cause of Action
- XI. [1.11] Related Actions
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XII. Sample Forms - [1.12] Complaint/Petition — Person Causing Death
- [1.13] Complaint/Petition — Financial Exploitation, Abuse, or Neglect of an Elderly Person or a Person with a Disability
- [1.14] Complaint/Petition — Parent Neglecting Child
- [1.15] Complaint/Petition — Person Convicted of Certain Offenses Against the Elderly or a Person with a Disability
- Chapter 2 — Breach of Fiduciary Duty
- I. Cause of Action
- II. When Is a Transaction Presumed Fraudulent?
- III. Breach of Fiduciary Duty of Agent Under Power of Attorney
- [2.8] Agent’s Duty Generally
- [2.9] Notice to Agent
- [2.10] Agent as Fiduciary as a Matter of Law or Fact
- [2.11] Successor Agent Under Power of Attorney Not a Fiduciary
- [2.12] Agent’s Duty To Account
- [2.13] Bringing an Action During the Principal’s Life
- [2.14] Bringing an Action After the Principal’s Death
- [2.15] Exemplary Cases
- IV. Breach of Fiduciary Duty by Executor or Administrator
- V. Breach of Fiduciary Duty by Guardian
- VI. [2.20] Statute of Limitations
- VII. [2.21] Remedies
- VIII. [2.22] Checklist for Complaint
- IX. [2.23] Affirmative Defenses Specific to Cause of Action
- X. [2.24] Related Actions
- XI. Sample Forms
- Chapter 3 — Challenges to Wills
- I. [3.1] Cause of Action
- II. [3.2] What Law Controls
- III. [3.3] Elements
- IV. [3.4] Relevant Standard Jury Instructions
- V. [3.5] Statute of Limitations
- VI. [3.6] Parties
- VII. [3.7] Special Considerations
- VIII. [3.8] Remedies — Special Issues
- IX. [3.9] Affirmative Defenses Specific to Will Contests
- X. [3.10] Sample Form — Petition To Contest the Validity of Decedent’s Alleged Will
- Chapter 4 — Citation To Recover Assets
- I. [4.1] Cause of Action
- II. [4.2] What Law Controls
- III. [4.3] Elements
- IV. [4.4] Relevant Standard Jury Instructions
- V. [4.5] Statute of Limitations
- VI. [4.6] Parties
- VII. [4.7] Special Considerations
- VIII. [4.8] Affirmative Defenses Specific to Cause of Action
- IX. [4.9] Related Actions
- X. [4.10] Sample Form — Citation To Recover Assets
- Chapter 5 — Claims Against Decedent’s Estates
- I. [5.1] What Is a Claim
- II. [5.2] Relevant Statutes
- III. [5.3] Statute of Limitations for Filing a Claim
- IV. [5.4] Notice to Known and Unknown Claimants
- V. [5.5] Step-by-Step Process for Filing a Claim
- VI. [5.6] Claims by the State of Illinois
- VII. [5.7] Payment of Claim
- VIII. [5.8] Litigating a Claim
- IX. Sample Forms
- X. [5.12] Resources
- Chapter 6 — Fees
- I. [6.1] Cause of Action
- II. [6.2] What Law Controls
- III. [6.3] Elements
- IV. [6.4] Relevant Standard Jury Instructions
- V. [6.5] Statute of Limitations
- VI. [6.6] Parties
- VII. [6.7] Special Considerations
- VIII. [6.8] Remedies — Special Issues
- IX. [6.9] Checklist for Petition
- X. [6.10] Affirmative Defenses Specific to Cause of Action
- XI. [6.11] Related Actions
- XII. [6.12] Sample Form — Petition for Fees
- John T. Brooks
John T. Brooks
John T. Brooks is a Partner at Foley & Lardner LLP in Chicago, where he focuses his practice on estate, trust, and fiduciary litigation. He has been elected by his peers for inclusion in The Best Lawyers in America since 2007 in the field of trusts and estates; was named the Chicago Litigation — Trusts and Estates Lawyer of the Year by Best Lawyers in America in 2015, 2019, and 2022; and was selected for inclusion in the 2005 – 2018 Illinois Super Lawyers and 2003 – 2022 Leading Lawyers lists. He is a member of the Chicago Bar Association and the American College of Trust and Estate Counsel. Brooks earned both his B.S. and J.D. (magna cum laude) from the University of Illinois.
- MacKenzie A. Hyde
MacKenzie A. Hyde
Mackenzie A. Hyde is a Partner at Clark Hill PLC in Chicago, where she focuses on estate and trust litigation. She is a member of the Trust & Estate Section Council of the Illinois State Bar Association and was featured in Crain’s Chicago Business’s Notable Women in Law in September 2022. Ms. Hyde received her B.A. summa cum laude from the University of Arizona and her J.D. from the Loyola University Chicago School of Law.
- Ray J. Koenig III
Ray J. Koenig III
Ray J. Koenig III is a Member at Clark Hill PLC in Chicago, where he serves as the Managing Member of Clark Hill’s Chicago office and Co-Chair of the firm’s Litigation practice and sits on the firm’s Executive Committee. He focuses his practice on trusts, probate, guardianships, will and trust contests, will and trust construction and reformation actions, citations to recover, breach of fiduciary duty claims, charitable disputes, and guardianship litigation. Mr. Koenig is a Fellow of the American College of Trust and Estate Counsel (ACTEC) and has served as a member of its Fiduciary Litigation Committee. He received a Martindale-Hubbell AV Preeminent Rating and was recognized by Super Lawyers as a Trust and Estate Litigation Super Lawyer or Rising Star for most years from 2010 through 2021 and one of the Top 100 Lawyers in Illinois from 2018 through 2020. He received his B.A. from Michigan State University and his J.D. from DePaul University College of Law.
- Jena L. Levin
Jena L. Levin
Jena L. Levin is Senior Counsel to Foley & Lardner LLP in Chicago, where she focuses her practice on estate and trust litigation. She has been recognized as a Super Lawyers Rising Star — Estate and Trust Litigation (2019 – 2022) and as a Leading Lawyers Emerging Lawyer Trust & Estate Law (2015 – 2022). Levin received her B.A. with highest distinction from the University of North Carolina at Chapel Hill and her J.D. from Duke University School of Law.
- Matthew W. McQuiston
Matthew W. McQuiston
Matthew W. McQuiston is a Partner at Stern & Associates in Chicago, where he focuses his practice in probate and estate planning. He is a member of the Chicago and Illinois State Bar Associations, and he has been recognized as an Illinois Super Lawyers Rising Star. He received his B.A. from the University of Colorado and his J.D. from Chicago-Kent College of Law.
- Hrant "Hud" Norsigian, Jr.
Hrant "Hud" Norsigian, Jr.
Hrant “Hud” Norsigian, Jr., is the Founder and owner of Norsigian Law Office, LLC, in O’Fallon, where he focuses his practice in personal injury, motor vehicle accidents, estate planning, probate, business formation, mergers and acquisitions, and contracts. He is a member of the Illinois State, St. Clair County, and Missouri Bar Associations. Mr. Norsigian is a recipient of the Belleville News-Democrat Readers’ Choice Awards for Best of the Best for 2019 and the St. Louis Post-Dispatch 2016 People’s Choice of Southwest Illinois award for Best Lawyer in Southern Illinois. He has been awarded Martindale-Hubbell’s Top Rated Lawyer Award for Ethical Standards and Legal Ability, Client Distinction Award, and Client Champion Gold Award. Mr. Norsigian received his B.S. with honors from Washington University and his J.D. magna cum laude from Washington University School of Law, where he earned Order of the Coif honors, was an Associate Editor of the Washington University Law Quarterly, and was awarded the American Jurisprudence Award for the top grade in Criminal Law.
- Nina B. Stillman
Nina B. Stillman
Nina B. Stillman is an attorney at the Stillman Law Group in Chicago, where she concentrates her practice on international and domestic estate planning and wealth transfer, as well as corporate and business law. She is a member of the Illinois State, Minnesota State, and Chicago Bar Associations. Ms. Stillman received her B.A. from University of Wisconsin — Madison, her J.D. from William Mitchell College of Law, and her LL.M. from Northwestern University Pritzker School of Law.
Causes of Action: Probate Actions 2021 Edition
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