Estate and Probate Legal Group

Trusts and Estates Lawyer
Estates And Trusts Administration

A meeting with a Probate, Trust, & Estates Attorneys can help you feel prepared for the unknown knowing that you have a plan in place. Though it may be tempting to put off, having a plan can help prevent serious issues down the road.

Once you have your plan in place, you may not need to consider the subject ever again unless you decide to make changes or want to review your options. Having a plan can give you peace of mind that you can enjoy now and for days to come.

Every family situation is unique, so there is no one-size-fits-all approach that will adequately serve the needs of everyone. Instead, it is important to take the time to understand specific goals and then craft solutions designed to accomplish those goals.

The death of a beloved relative can lead to confusion and complications among surviving family members, regardless of whether that relative left a valid will or other estate plan to direct the distribution of assets. An experienced Oak Brook probate lawyer from the Estate & Probate Legal Group is a family’s best resource for alleviating confusion and managing those complications.

Our attorneys work closely with families to inventory and preserve estate assets to satisfy the decedent’s liabilities and allocate assets according to their wishes. We will file all necessary paperwork with the court to properly close the estate through the probate process.

The Probate Process

The specifics of the probate process will always depend on the decedent’s estate plan, including whether the decedent left a will or established a trust. Regardless, your probate attorney will generally need to:

  • Initiate the probate process with a petition filed in a probate court that has jurisdiction over the matter
  • Procure a taxpayer ID number for the estate
  • Establish contacts with the decedent’s heirs and other parties who may have an interest in estate assets
  • Notify debtors of their right and opportunity to file claims against the estate
  • File an inventory of the estate’s assets
  • Verify that the estate has satisfied all federal and state tax liabilities
  • Confirm the distribution of the estate’s remaining assets to heirs

 

Each step involves required filings and deadlines that must be observed to avoid complications and potential challenges that may delay the estate’s closure. An Oak Brook attorney with the Estate & Probate Legal Group can advise you on how these requirements and deadlines affect the administration of the estate subject to probate.

Our Practice Areas

Our experienced Probate, Trust, & Estates Attorneys can assist with a number practice areas including the following:

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When Is Probate Required?

An estate must go through the probate process if the person who died did so without leaving a valid will or if their estate includes assets with an aggregate value over $100,000. If the estate’s assets do not exceed that threshold, your lawyer can provide guidance for passing those assets to heirs with the filing of a small estate affidavit.

Further, some assets may be distributed separately from the probate process. These assets generally include:

  • Funds held in joint financial accounts
  • Life insurance benefits
  • Real estate owned as joint tenancies
  • Vehicles that are titled under two names

An Oak Brook lawyer can analyze an estate to verify which of its assets must be included in a probate process and which can be transferred outside of the probate process. This is a crucial step in that process, as assets that may be transferable outside of probate may be shielded from claims by creditors.

Avoiding Probate Challenges

Challenges can arise at multiple stages in the probate administration of the estate. A knowledgeable attorney can help you reduce the risk of those challenges and, if they do occur, work to resolve those challenges in a manner that satisfies the decedent’s estate plan and the best interests of all heirs.

Some of the more common challenges include contesting the validity of a will, disagreements among heirs, objections to the appointment of estate administrators, disputed claims from creditors, and administrative or filing errors. Your Oak Brook probate attorney will seek to structure a probate estate in order to prevent challenges that can delay the efficient administration of the process.

Contact an Oak Brook Attorney for Help With the Probate Process

If you have questions about the probate process, an Oak Brook probate lawyer from our firm is available to help. We offer compassionate and efficient services with a focus on thorough communication at all stages of the estate probate process. Please call the Estate & Probate Legal Group today for a complimentary review of your estate matter.

Estate Planning Covers More Than Money

Everyone should consider estate planning issues. In addition to deciding who will receive assets after a person has passed away, an estate plan could empower a chosen individual to make medical or financial decisions on another’s behalf if he or she becomes incapacitated. Additionally, an estate plan could describe guardianship for children or plans for pets left behind.

Specifying the person or entity who should be responsible for paying bills and distributing property in accordance with the owner’s wishes can also be included. Although it is not always pleasant to contemplate situations where this assistance becomes necessary, knowing that there is a plan set down on record can alleviate a great deal of worry.

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Reach Out to a Probate, Trust & Estates Attorney

Many people elect to create living trusts to avoid probate, but it is essential to remember to transfer ownership of all applicable assets to the trust in order to take advantage of this efficiency. A Probate, Trust, & Estates Attorneys could periodically review situations such as this to make sure you are still on target to reach your goals.

Whether you are just beginning to consider your estate planning needs, or you have had documents prepared for years and want to ensure that they are in compliance with current laws and objectives, a trust and estates lawyer could assist with your planning efforts. Additionally, if a loved one has passed and you need assistance with probate or administration of a trust, an attorney could take care of all arrangements. To learn more, call now.

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