Probate court is where the property and debts of a person who has died are handled. After mourning the loss of a loved or establishing a need for the contention of wills, a seasoned attorney could help you with the next step in navigating the Lombard probate court. Call to set up a consultation to learn more about how a compassionate lawyer could help you with this process.
Lombard probate court hearings take place in the DuPage County Courthouse. The DuPage County Courthouse is located at 505 North County Farm Road in Wheaton, Illinois. All probate cases stay at where the decedent or the alleged disabled person resided. If a person lived in Lombard and passed away in Lombard, then their case would be heard in DuPage County.
Currently, decedent’s estates are heard by Associate Judge Brian J. Diamond, in Courtroom 2011 and guardianship cases are heard by Associate Judge Robert G. Gibson, in Courtroom 2009. For matters where the decedents or alleged disabled person lived in Cook County, all probate courtrooms are located on the 18th floor of the Richard J. Daley Judicial Center, located at 50 West Washington in Chicago, Illinois.
For cases where the decedents or alleged disabled person resides or resided in Kane County, all probate cases are heard by Judge John A. Noverini at the Kane County Courthouse, located at 100 South Third Street in Geneva, Illinois.
An executor plays a critical role in probate proceedings. An executor is essentially the human representative of an estate. The estate is, in and of itself, a legal entity somewhat similar to a corporation in that it is given a unique legal status and that it is treated as an entity in the eyes of the law. For a corporation, the personal representatives of that may be the board of directors and officers, but for the estate, the actual human representative is the executor.
The relationship between an estate and the executory is fiduciary, and that means an executor must always act in good faith and in the best interests of the estate in carrying out the decedent’s final wishes if there is a will. This means that an executor owes a fiduciary duty not just to the estate’s beneficiaries but also to the estate’s creditors. The purpose of probate is not only to distribute property under the decedent’s wishes but also to pay the decedent’s final debts. After being appointed as executor, the executor has the legal authority to perform acts that a decedent would have if they were alive.
A probate judge can wind up hearing a wide variety of cases that touch on estate issues. Although probate judges generally hear relatively straightforward cases which merely relate to the administering of the estates of a decedent or a disabled person, a probate case could also be a forum for a myriad of other legal issues. When a person is alive, they might have all sorts of different legal relationships in place. They might have business contracts, a personal injury lawsuit transpiring, or they might be in the middle of a divorce.
All these different legal relationships still need to proceed in some fashion even though a person has died but, instead of doing it themselves, it is now the estate that steps into this role. There is also a whole slew of litigation type issues that are strictly unique to probate estates.
Litigation-based issues can complicate the administration of an estate but, in many instances, they are necessary.
Having to relegate the will and assets of a passed loved one is a taxing role that involves many levels of the Lombard probate court. An experienced attorney could help explain how they could help you with these matters. Call today and set up a consultation with a seasoned trusts and estates lawyer.
