A Practical Guide to Elder Law Litigation: Will & Trust Contests and Using Evidence Effectively

This course addresses the law in Illinois for challenging an estate plan based on undue influence, the presumption that may arise in such cases when a fiduciary is involved, and the process for shifting the burden.

Attorneys face many complexities when representing heirs, particularly when actions taken during the decedent’s lifetime—often by an agent acting under a Power of Attorney—come to light after the death of the decedent. When all assets pass by operation of law directly to beneficiaries, outside of an estate or trust, Attorneys may need to consider other avenues to pursue remedies for their clients. Using real-world examples, we’ll examine common conflicts that arise when agents claim they were "just doing what Mom wanted," and evaluating claims against agents under the Illinois Power of Attorney Act.
Originally presented as part of Elder Law Short Course 2025.

Providing your trustee/agent client with clear and concrete instructions on how to administer the finances is critical to keeping everyone out of trouble. Learn about the top mistakes trustees and agents make in managing the money, the key components of good written instructions, and how best to keep your clients on the straight and narrow.
Originally presented as part of Elder Law Short Course 2025.