Intestacy laws concern determining who is entitled to the estate’s assets under inheritance. When one dies without leaving a will, it can cause issues and problems with regards to dividing up assets. When facing the complications in the Lombard intestate process, you might need the assistance of a dedicated lawyer. A seasoned probate lawyer could guide you through the steps you need to take.

What is Intestacy?

As defined by law, intestacy is what happens when a decedent dies without a valid will. An important thing to mention is that if a will is not admitted to probate, the estate is considered an intestate estate. There could be certain circumstances in which a decedent may have signed a will, but no one can find the original. In these cases, even though the decedent may have signed the will, there would be difficulties getting it admitted to probate. If the will is not admitted to probate, the decedent’s property is distributed according to the laws of intestacy. Having an experienced attorney work with a testator could help one plan for situations like these.

When Decedents are Not Biologically Related to the Deceased

One of the complications in the Lombard intestate process is when the decedent is not biologically related to the deceased parent. The main obstacle is that descendant who is not biologically related is not an heir. In this case, if there is no will it means they are not entitled to receive any assets of the decedent under the intestacy statute. One of those challenges could be dealing with the disappointments that may result from not being entitled to assets. That disappointment could only be addressed as far as making the person entitled to inheritance if he or she can prove and go through the steps of providing evidence of equitable adoption. However, in an intestacy proceeding, adopted children have the same rights as the blood children of a decedent.

Illegitimate Children

An illegitimate child is one that is born out of wedlock. If an illegitimate is born to the mother, in almost all cases that child would still be considered to be an heir of the mother. However, as far as paternity is determined, the child would have to establish that the decedent was his or her father. If the child of the decedent is on the maternal side, the decedent was the person’s mom, it is still presumed that he or she is her heir.

Benefits of a Lawyer

There are benefits of working with an intestacy lawyer when children are involved in a probate proceeding. When it comes to minor children, working with intestacy lawyer is going to be imperative. Often, testators would set up a trust for the benefit of minor children. However, in cases where there is no will, and they have a minor inheriting a sum of money, whether it is a large amount or a modest amount, there are separate steps that need to be followed before representatives are able to close the estate. Usually, those steps involve appointing a guardian or a personal fiduciary on behalf of the minor, which is challenging to do without a lawyer.

A Lombard Attorney Could Help with the Complications in the Intestate Process

The nuances and bureaucracy of intestacy are tiresome and complicated. Often, more problems arise for estate representatives than he or she initially believed there would be. In cases where complications are expected or even if you feel the delegation of an estate should proceed smoothly, complications in the Lombard intestate process could arise. It is critical to reach out to an experienced attorney who could help you through the probate process if needed. Reach out to a dedicated lawyer who values guidance, protection, and peace of mind.