Family Settlement Agreements for Illinois Probate Litigation and Trust Disputes

Article written by Illinois Attorney Kevin O’Flaherty

In this article we explain family settlement agreements for Illinois probate litigation and trust disputes. A family settlement agreement can be used to resolve ambiguities within a trust or will in order to avoid tension between family members and costly litigation. We will answer the questions, “what is a family settlement agreement in Illinois probate or trust cases?” and “what can family settlement agreements in probate or trust cases resolve?”

What is a family settlement agreement in Illinois probate or trust cases?

A family settlement agreement is an agreement between beneficiaries of a trust or will that have a genuine dispute over a provision of the trust or will. The agreement can be used to adjust or clarify a provision of the trust or will. The agreement must be signed by all interested in parties, but it does not have to be filed in court.

What can family settlement agreements in probate or trust cases resolve?

So far, this is pretty straightforward. Settlement agreements happen all the time in litigation. Generally, parties to a dispute can agree to…