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Bryan R. Bagdady

Bryan R. Bagdady

Business Litigation, Probate Litigation, Bankruptcy and Business Contracts
  • Business Law, Collections, Estate Planning ...
  • Illinois
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Biography

I founded Corporate & Estate Legal Services, Ltd. to focus on business contracts, commercial litigation, estate planning and probate cases. I have decades of experience handling civil litigation and commercial contracts. I represent both plaintiffs and defendants. I have a broad spectrum approach to B2B litigation. I can negotiate deals, document agreements, litigate, pursue post judgment collection, and prosecute or defend judgments on appeal.

I was a scholastic debater in high school and college. I am very comfortable with commercial litigation, chancery litigation, probate litigation, and all manner of business torts.

My experience affords me the luxury of handling all phases of dispute resolution including pre-suit settlements, trial advocacy, post judgment enforcement, and appellate advocacy. At most firms, these functions are splintered across different departments and between multiple lawyers. If you retain Bryan as your attorney, then all of these functions are consolidated into one point of contact.

I graduated from Northwestern University where I studied economics. I earned my law degree from DePaul University College of Law. At Northwestern University, I was awarded the Wyman-Hibbs Debate Scholarship for outstanding achievement in the field of competitive debate. If you have a contract, case, or legal claim that you wish to discuss, give me a call or drop me an email. I will be happy to speak with you.

Practice Areas
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
    Collections
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Probate
    Probate Administration, Probate Litigation, Will Contests
    Intellectual Property
    Trademarks
    Trademark Litigation, Trademark Registration
Fees
  • Free Consultation
    Free Initial Consultation.
  • Contingent Fees
    I accept contingency fee cases for qualified business disputes involving claims in excess of $250,000.
Jurisdictions Admitted to Practice
Illinois
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7th Circuit
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Professional Experience
Founding Attorney
Corporate & Estate Legal Services, Ltd.
- Current
Corporate & Estate Legal Services, Ltd. was founded in July of 2013 to represent small and mid-sized businesses as well as individuals. The firm focuses on business to business collection litigation, general business litigation, employment and restrictive covenant litigation, probate litigation, chapter 7 bankruptcy services, trademark applications, and intellectual property litigation.
Education
DePaul College of Law
J.D. (1982) | Law
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Honors: DePaul College of Law 711 Student admitted to practice in Courts as Senior Law Student.
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Northwestern University
B.S. (1978) | Economics
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Honors: Wyman Hibbs Debate Scholar. President of Sigma Chi Fraternity.
Activities: Northwestern Debate Society, Gymnastics Club, Sigma Chi Fraternity.
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Professional Associations
State Bar of Illinois  # 6184235
Member
Current
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Websites & Blogs
Website
Corporate & Estate Legal Services, Ltd.
Blog
CELS Blog Page
Legal Answers
33 Questions Answered
Q. My dad passed away with no will. My grandparents are keeping his property
A: Just to be clear, affidavits of heirship are filed in conjunction with a petition to open an estate. If your grandparents have filed such a petition, you can appear in that case and let the court know where you stand and provide the court with relevant facts. If no such petition has been filed, then it may be in your best interest to do so. When estates have a value below $100k, heirs oftentimes use a small estate affidavit and don't open estates. I don't know if this is your situation. If your father owned real estate, then a small estate affidavit cannot be used to convey the real estate and an estate would be necessary. Hope this helps. - Bryan.
Q. Judgement vs collections question
A: Selling a judgment is not double dipping. During a post judgment proceeding you will be entitled to a credit for payments you made toward the judgment. From your question it does not appear that you have made any such payments. By selling the judgment the judgment creditor has simply transferred its interest in a legal asset.
Q. Can you petition to change executor of will & can home improv be paid from assets prior to probate?
A: The short answer to your question is "yes." The longer answer is that the executor's duty is to "carry out the wishes of the decedent," acting in the utmost good faith to protect the interests of the beneficiaries, "exercising at the very least that degree of skill and diligence any reasonably prudent person would devote to [his] own personal affairs." Will v. Northwestern University, 378 Ill. App. 3d 280, 291-92, 881 N.E.2d 481, 494 (2007). "[T]he beneficiaries of an estate are intended to benefit from the estate and are owed a fiduciary duty by the executor to act with due care to protect their interests." Gagliardo v. Caffrey, 344 Ill. App. 3d 219, 228, 421, 800 N.E.2d 489, 496 (2003). Ultimately, the executor's duty is to administer the assets of the estate so that any debts or obligations are paid and the beneficiaries receive their just and proper benefits in an orderly and expeditious manner. Northwestern University, 378 Ill. App. 3d at 291-92, 881 N.E.2d at 494. In addition, an executor owes a duty of full disclosure to the beneficiaries under the testator's will. See In re Estate of Talty, 376 Ill. App. 3d 1082, 1089, 877 N.E.2d 1195, 1204 (2007). ¶ 29 On petition of an interested person or on the trial court's own motion, the court may remove an executor from office. 755 ILCS 5/23-2(a) (West 2010). Section 23-2 of the Probate Act (755 ILCS 5/23-2(a) (West 2010)) sets forth the grounds for removal: "(1) the representative is acting under letters secured by false pretenses; (2) the representative is adjudged a person subject to involuntary admission under the Mental Health and Developmental Disabilities Code or is adjudged a disabled person; (3) the representative is convicted of a felony; (4) the representative wastes or mismanages the estate; (5) the representative conducts himself or herself in such a manner as to endanger any co-representative or the surety on the representative's bond; (6) the representative fails to give sufficient bond or security, counter security or a new bond, after being ordered by the court to do so; (7) the representative fails to file an inventory or accounting after being ordered by the court to do so; (8) the representative conceals himself or herself so that process cannot be served upon the representative or notice cannot be given to the representative; (9) the representative becomes incapable of or unsuitable for the discharge of the representative's duties; or (10) there is other good cause." "[A]n executor should not be removed for errors or omissions which are satisfactorily explained, errors of judgment not amounting to malfeasance, or error in the construction of a will in the absence of wilful misconduct, or bad faith." In re Estate of Breault, 29 Ill. 2d 165, 180, 193 N.E.2d 824, 832 (1963). Further, an executor may not be removed merely because beneficiaries of the will might have handled the estate differently and prefer a different executor. Estate of Kirk, 242 Ill. App. 3d at 79, 611 N.E.2d at 544. ¶ 30. I hope this helps. The executor is charged with making decisions concerning the real property and to act in the best interest of the estate. The executor is statutorily empowered to take possession, administer and grant possession to the decedent's real estate. If the home needs work before putting it on the market, and such action is in the best interest of the estate, then the executor may make such improvements. If there is doubt concerning the value of such work, then the executor should seek court approval, especially if the work involves substantial sums of money.
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Contact & Map
Corporate & Estate Legal Services, Ltd.
17W220 22nd Street
Suite 410
Oakbrook Terrace, IL 60181
Toll-Free: (312) 300-6843
Telephone: (312) 300-6843
Monday: 8:30 AM - 5:30 PM
Tuesday: 8:30 AM - 5:30 PM
Wednesday: 8:30 AM - 5:30 PM
Thursday: 8:30 AM - 5:30 PM
Friday: 8:30 AM - 5:30 PM (Today)
Saturday: Closed
Sunday: Closed
Notice: Call during business hours or email at Bryan@celsinfo.com
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