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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
- Beth Flowers
Beth Flowers
Beth Flowers is a Shareholder with Mathis, Marifian & Richter, Ltd., in Edwardsville, where she focuses her practice on estate planning, trust and estate administration, and estate and gift tax planning. Flowers is a member of the Illinois State Bar Association and the Estate Planning Council of St. Louis and was named to the Leading Lawyers list. She earned her B.A., cum laude, from Truman State University and her J.D. from Saint Louis University.
- MacKenzie A. Hyde
MacKenzie A. Hyde
MacKenzie A. Hyde is a Partner at Clark Hill PLC in Chicago, where she focuses her practice on estate and trust litigation. Hyde was named a Notable Woman in the Law by Crain’s Chicago Business in 2022, a Leading Lawyer in Chicago in 2024, and was named among the Best Lawyers in America for Trusts and Estates by Best Lawyers for 2025. She earned her B.A., summa cum laude, from the University of Arizona and her J.D. from 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 focuses his practice on probate, trust, and guardianship controversies and litigation. Koenig is a Fellow on the American College of Trust and Estate Council, is Past President for the Chicago Bar Association, and is a member of the IICLE® Board of Directors. He earned his B.A. from Michigan State University and his J.D. from DePaul University College of Law.
- Elizabeth A. McKillip
Elizabeth A. McKillip
Elizabeth A. McKillip is Partner at Levin, Schreder & Carey, Ltd., in Chicago and Lisle, where she focuses on trust, estate, and other fiduciary-related litigation, including contested accountings, breach of fiduciary duty claims, and will and trust disputes. She is a member of the DuPage County Bar Associations and the DuPage County Estate Planning Council. She earned her B.A. with honors from the University of Illinois and her J.D., magna cum laude, from the Loyola University Chicago School of Law, where she was a member of the Loyola University Chicago Law Journal and Editor of the Illinois Judicial Conference Symposium.
- Matthew W. McQuiston
Matthew W. McQuiston
Matthew W. McQuiston is a Partner at Stern McQuiston, LLC, where he focuses his practice in guardianship, estate administration and litigation, and estate planning. McQuiston is a member of the Chicago and Illinois State Bar Associations and 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.
- Nina B. Stillman
Nina B. Stillman
Nina B. Stillman, is Senior Counsel at Handler Law, LLP, in Chicago, where she focuses her practice on estate planning and family office. Stillman is a member of the Illinois Bar Association, Chicago Bar Association, and was named a Lawyer of Distinction in 2024. She earned her J.D. from William Mitchell College of Law and her LL.M. from Northwestern Pritzker School of Law.
Causes of Action: Probate Actions 2024 Edition
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