If you are looking to have a last will and testament explained, a Lombard attorney familiar with probate, trusts, and estates could be of benefit to you. Attorneys familiar with the laws surrounding estates could help you plan and account for the uncertainties of the future. Reach out to a dedicated legal professional today.
The original copies of a person’s last will and testament are filed in the county in which they resided at the time of their death. For a person who lives in Lombard, their last will and testament would be filed with the clerk of the circuit court in DuPage County. Residence is different than just physical location at the time of death. For example, a person could be living all their life in DuPage County in Lombard but died in another city or state. What matters is where that person resided. Attorneys addressing the needs of someone with a last will and testament in Lombard need to address these questions when filing.
If there is only a copy of a person’s last will and testament, then there needs to be several extra steps before that will could be admitted to probate. It could involve essentially a very fact-intensive and complicated inquiry which basically revolves around the fact that if this person left the will or if they actually intend that will to take effect upon their death. In Illinois, if there is no original located of last will testament, then the presumption is that the testator revoked it, meaning they tore it up, they got rid of it, or otherwise no longer wanted it to have any effect on their estate.
Any interested person is allowed to petition for probate and Illinois and Lombard. An interested person is defined as anyone with any financial stake in the estate. Of course, it could be someone named in a last will and testament or a legatee. It could be an heir of a person where if there is no last will and testament, they would take under the laws of intestacy where an heir could petition for probate. It could also be a creditor, meaning someone who is owed money by the decedent and they are looking to get part of the estate. A creditor would be considered an interested person and would be allowed to petition for probate.
Any of these people would follow the same basic requirements to the best of their ability. Filing a petition, providing an estimation of the person’s estate, providing information on where they resided at the time of their death, and also providing information as to who those person’s heirs are through an Affidavit of Heirship.
Planning for the future is a critical component for anyone who wishes to retain a measure of control over their estate in the event of incapacitation or death. With the help of a lawyer, the questions you may have regarding your legal options could be explained. A last will and testament in Lombard could offer you a measure of security over the uncertainty of the future. To learn more about what other options you could have available, reach out to an experienced attorney today.
