ESTATE, TRUST & GUARDIANSHIP LITIGATION
FMS Law Group has represented individual and corporate representatives, beneficiaries, and other interested parties in all aspects of estate, trust and guardianship litigation relating to all sorts of issues, including but not limited to:
- Will and/or Trust contests based on undue influence, lack of capacity, fraud/forgery, revocation;
- Contested heirship in a decedent’s estate;
- Will and/or Trust construction or interpretation issues when there are ambiguous provisions;
- Admission of a copy of a lost or missing original Will;
- Citations to recover/discover estate and trust assets that may have been misappropriated;
- Alleged disabled person objects to guardianship itself or to the person nominated as Guardian;
- Multiple parties cross-petition to be appointed Guardian for the disabled person or minor;
- The disabled person petitions to terminate guardianship;
- Contested fee petitions for fiduciaries; and
- Fiduciary liability issues.
FMS Law Group’s Wins on Appeal:
- In re Estate of Ollie C. Stean, 2012 IL App (1st) 121891-U.
In re Estate of June Kennedy Goss, 2015 IL App (1st) 143086-U. - Gorski v. Sergo, 2015 IL App (1st) 141377-U.
- In re Estate of Robyn R. Ross, 2015 IL App (1st) 142369-U.
- In re Estate of Emil T. Sergo, 2016 IL App (1st) 152484-U.
- In re Estate of Ruthanne B. Savage, 2017 IL App (1st) 160479-U.
- In re Estate of James J. McCombs, 2017 IL App (1st) 170645-U.
- In re Estate of Inez Rivera, 2018 IL App (1st) 171214.
- In re Estate of James J. McCombs, etc. (Rush University Medical Center et al., respondents, v. James J. McCombs) Mark McCombs, petitioner. Leave to appeal, Appellate Court, First District, 123514 (Petition for Leave to Appeal denied by Illinois Supreme Court on 9/26/2018).
- In re Estate of Lorraine Phillips, 2019 IL App (1st) 171117-U.
- Tyus v. MB Financial Bank N.A., 2019 IL App (1st) 181037-U.
- Harold D. Tyus, petitioner, v. MB Financial Bank, N.A., etc., et al., respondents. Leave to appeal, Appellate Court, First District, 124937 (Petition for Leave to Appeal denied by Illinois Supreme Court on 9/25/2019)
- In re Estate of Lisa R. Loessy, 2020 IL App (1st) 180419-U
- Illinois State Bar Association Mutual Insurance Company v. Law Offices of Alan E. Sohn, Chartered, Alan E. Sohn, Randy Sly, and Paul S. Franciszkowicz, not individually but as Guardian ad Litem for the minor heirs of the Estate of Lisa R. Loessy, Deceased, 2021 IL App (1st) 200970-U
- In re Estate of Mary Marol Matteis, 2022 IL App (1st) 210800-U
- In re Estate of Mary Marol Matteis, 2022 IL App (1st) 220793-U
- In re Estate of Jerry C. Martin, Sr., 2022 IL App (1st) 220075-U