Illinois Probate Attorneys

 

Probate is the legal process for distributing a deceased person’s estate. During probate, existing claims are satisfied using the estate’s assets, and the remainder is distributed to the deceased person’s heirs and designees. While it might seem simple on its face, the Illinois probate process can be tricky to navigate. There can be a lot of moving parts to juggle. Our experienced Illinois probate attorneys can help you get through probate as smoothly as possible.

The Probate Process in Illinois

After a person dies, the executor of that person’s estate or an assigned representative will manage the process. A probate court will oversee the entire procedure.

Probate is not always necessary in Illinois. Generally, the estate must exceed $100,000 in value or have some amount of real estate for the probate process to automatically kick in.

If probate is necessary, then the next step is to notify all creditors, heirs, and legatees.

The executor or representative must then tally the estate’s debts and liabilities. Any net assets remaining after debts are paid get distributed to the estate’s beneficiaries.

However, each beneficiary will have a different priority. That is, certain beneficiaries will get a share of the assets before others. Much of this depends on the deceased’s will. If there is no will, then Illinois intestacy laws would apply.

In intestate succession, a surviving spouse would take priority over other family or heirs. If no surviving spouse remains, then a person’s children would receive priority. Many other intestacy priority rules apply, and every person’s situation will be unique.

If a person passed away without a will, it is recommended to consult with an experienced Illinois probate attorney to better understand what will likely happen in a probate proceeding.

Trusts and Illinois Probate Law

A trust is a special account that can be used to protect assets and designate them for a particular beneficiary or beneficiaries while the original owner is still alive.

Assets held in a trust generally are not subject to probate. Instead, the trust designates a beneficiary, and that beneficiary gets the assets according to the trust’s terms.

Our attorneys have plenty of experience handling and forming trusts. Whether it be a charitable trust, a living trust, or a domestic asset protection trust, among many others, our attorneys can help you establish and maintain your trust.

This can ensure that certain assets avoid the probate process. It can also help you to maintain maximum control over your assets by protecting them well in advance.

Consult with an Illinois Probate Attorney

Whether you are a representative of an estate looking to efficiently administer the estate, or you are a beneficiary of an estate who believes the representative is engaged in wrong-doing, the experienced Illinois probate attorneys at Johnston Tomei Lencyzcki & Goldberg LLC will be able to assist you.

Probate does not have to be complicated, and with the right probate attorneys it won’t be.

Our Probate Law Services

As part of our offering, we represent families who have recently lost a loved one navigate the probate process. This includes opening the probate estate, collecting the probate assets, negotiating with creditors, and distributing the probate estate according to any will. Otherwise, the Illinois laws of descent and distribution will apply.

Probate can be a complicated process that has many moving parts, but our experienced Illinois probate attorneys will guide the appointed representative through the process. Our goal is to minimize the stress and anxiety that often accompanies any court proceeding.

We will also prepare any required inventory and accounting to show the court that all assets have been collected and handled according to accepted fiduciary policies.

If litigation should arise, we can represent the representative of the estate in any lawsuits to prevent any personal liability.

Alternatively, we also represent heirs and legatees of an estate when they believe that the appointed representative is not fulfilling his or her fiduciary duties. If an heir or legatee is seeking removal of the executor or representative, we can bring a motion in front of the court to ask the court to appoint a new executor or representative.

We will help you design a probate strategy, tailor-made to your situation. Call us today at (847) 549-0600 or email us at info@lawjtlg.com to schedule a free consultation.