Do You Have Questions About Your Inheritance Rights? A Probate Attorney Can Help

Your life can be turned upside down or stopped when you lose a loved one. Besides dealing with your grief, you may find yourself in an inheritance battle. The last place you want to be is in court, but if you are involved with an issue concerning a will, you need someone on your side. If you have any questions about your inheritance rights, a probate attorney can help answer them.

What Is A Probate Attorney?

Probate is the legal process used to settle a deceased person’s estate. This court-supervised process identifies the assets and debts. Then, the executor or trustee pays debts and distributes the assets to the beneficiaries. The probate attorney (also called an inheritance attorney) can help with this process. Their role is to help the executor of the will. If the person passes without a will (dying intestate), the probate attorney can handle all aspects of settling the estate.

Listed below are some functions a probate attorney will help with:

with a will

• advise the executor
• prepare and file documents for probate court
• ensure the legal transfer of assets
• help settle disputes
• close the estate

without a will

• obtain property appraisal
• prepare and file documents for probate court
• paying all debts and taxes
• oversee the transfer of assets to beneficiaries
• help settle disputes
• close the estate

Whether the deceased person left a will or not, you may need a probate attorney to help protect your inheritance rights.

Hiring a Probate Attorney To Ensure Your Inheritance Rights

It’s normal to have questions regarding an inheritance, beneficiaries, and the settling of an estate. USA Today recently ran an article regarding a woman whose spouse recently died. There was no will, and she was not on the deed to the house. His children from a former marriage wanted to sell the house and force her to move out. Could this happen to you?

In Illinois, if a person dies without a will, the estate has specific legal beneficiaries.

If the person had:

• No spouse and no children – all assets go to the next closest surviving relative
• Spouse and no children – all assets go to the spouse
• Spouse and children – spouse receives half of the assets, and the other half is divided among the children

You can see how this can become a complicated situation where an inheritance attorney is necessary. This is why you need an experienced probate attorney on your side, especially while you are grieving and may not be thinking correctly.

Oak Brook ProbateAttorney

If you are a beneficiary of a will and need someone to protect your inheritance rights, we can help. To talk to a qualified attorney in Chicago or Oak Brook, contact the Estate & Probate Legal Group at 630-864-5835. 

Areas we serve: Cook, DuPage, Kane, Lake and Will counties.