The probate process involves many steps. Therefore, it may be wise for you to seek the services of an experienced probate lawyer. An attorney could help you with planning and making a smooth transition with your or your loved one’s affairs. To learn more about the benefits of a Lombard probate lawyer, call today.
There is a difference between supervised and independent administration. If a probate is needed, it would be opened independently. Most of the time, a lawyer wants to go to court for an estate just the first and the last time—one to open, one to close. That is possible in an independently administered estate.
The vast majority of estates are under independent administration, which means the personal representative can take significant steps, such as selling real estate, cars, and paying expenses. They can do that without court intervention or court approval. It is essential to keep in mind that even in an independently administered estate, the representative would still answer to all the beneficiaries or heirs. Even though there is no technical court oversight of each action, they may not keep all the money for themselves, because they are still required to account and answer to everyone entitled to a share of the estate.
The flip side of that is a supervised administration estate in which every major action needs to be approved by the court. An inventory and an account are filed with the court. Any time they want to expend funds during the estate, such as paying an accountant to prepare the taxes, hiring an appraiser to appraise the real property, or selling real property, they need court approval. All expenditures have to be court-approved. With all the decisions and actions that need to be made, it could result in a few court appearances for a Lombard lawyer during supervised administration.
The main benefit of having an experienced probate lawyer represent someone going through the probate process in Lombard is that the personal representative—who is often required to be appointed and supervised by the probate court—receives guidance to ensure all legal duties are properly handled. A probate estate is a legal entity separate from the personal representative, and it is that entity that the lawyer is representing. In Illinois, someone could represent themselves without a lawyer, but they may not represent another person or entity without being a lawyer, such as in a probate estate. In some cases, a judge may refuse to enter the order or to open the estate unless a lawyer files an appearance at the same time.
Also, there are numerous other reasons to retain the services of an experienced probate lawyer. For example, there are several technical requirements that, if not followed, could delay opening or closing an estate for months. Also, after an estate is opened, a notice must be published in a specific newspaper or newspapers regarding the estate’s opening. If that notice is not published and a person shows up to court to try to close the estate, the judge would make them wait a month or longer. Even if they have already done everything else, judges could order them to keep the estate open for six months.
Another important reason to have a trusts and estates lawyer when going through this process is that a personal representative could be personally liable for actions they take and for any damage to the creditors or beneficiaries of an estate. A personal representative has a fiduciary relationship with the estate and with all the people who would benefit from the estate. If that fiduciary duty is ever breached, whether by an intentional act or by negligence, a personal representative exposes themselves to having to recoup any lost money hat out of their own pocket to reimburse the estate. Therefore, it is vital that a representative consult with a knowledgeable attorney who understands what they are doing before taking significant steps regarding the decedent’s property or other administrative matters.
Reach out to a dedicated legal professional to learn more about the benefits of a Lombard probate lawyer. An attorney could walk you through the procedure and help you wrap up the process promptly. Call today and set up a consultation.
