May is National Elder Law Month – a time to focus on the legal issues that affect aging adults and their families. While many people associate elder law with estate planning, it’s just as important to understand the role probate plays in securing your family’s future. At Estate and Probate Legal Group, we help clients in Oak Brook and throughout Greater Chicago navigate complex probate situations that could have been avoided with proactive elder law planning.
Elder Law Month is recognized each May to educate families on legal protections for older adults. From long-term care planning to guardianship and probate concerns, this month highlights the critical role elder law attorneys play in protecting seniors and their families.
Probate is the legal process of validating a person’s will, settling their debts, and distributing their assets after death. In Illinois, even if someone has a will, their estate may still go through probate unless specific steps are taken to avoid it. This process can be time-consuming, expensive, and emotionally draining for loved ones.
Learn more about the Illinois probate process and how our attorneys can help.
Too often, families wait until it’s too late to address potential probate issues. Here are some of the most common challenges we see:
Outdated or missing legal documents like wills and powers of attorney
Disputes among heirs or family members over how assets should be divided
Guardianship proceedings when no one is legally authorized to make decisions
Unanticipated delays and costs that leave families financially strained
By addressing these concerns in advance, you can spare your family unnecessary court involvement and stress.
While probate is designed to provide structure to estate settlement, it comes with real costs:
Court and filing fees
Legal expenses for representation
Time delays – probate can take several months or even years
Forced liquidation of assets to satisfy debts or distribute inheritance
These burdens often hit families hardest when they’re already grieving.
Elder Law Month is a great opportunity to start conversations with aging parents or relatives about probate planning. Understanding your loved one’s wishes, reviewing their legal documents, and speaking with an experienced probate attorney now can save everyone time, money, and heartache later.
1. What is the difference between probate and elder law?
Probate is a court-supervised process for settling a deceased person’s estate, including distributing assets and paying debts. Elder law is a broader legal field focused on the needs of aging adults, including guardianship, Medicaid planning, long-term care, and legal decision-making. Probate often becomes part of elder law planning.
2. Can probate be avoided in Illinois?
Yes, with proper planning. Tools like living trusts, payable-on-death accounts, and joint ownership can help avoid probate in Illinois. An elder law attorney can review your options and help create a plan tailored to your family’s needs.
3. How long does probate take in Illinois?
The probate process in Illinois typically takes between 6 months to a year, but complex estates or disputes can extend the timeline. Hiring an experienced probate attorney can help speed up the process and minimize complications.
4. What happens if someone dies without a will in Illinois?
If there is no valid will, the estate goes through intestate probate, and Illinois law determines who inherits. This may not align with the deceased person’s wishes and can lead to delays or family disputes.
5. What does an elder law attorney do?
An elder law attorney helps older adults and their families with legal issues such as probate, guardianship, power of attorney, estate planning, long-term care planning, and protection from elder abuse. At Estate and Probate Legal Group, we focus on helping clients age with dignity and security.
At Estate and Probate Legal Group, we offer compassionate, experienced legal support in:
Guardianship and conservatorship
Navigating the Illinois probate court system
Power of attorney and advance directives
Probate avoidance through trusts and beneficiary planning
Visit our About page to learn more about our legal team and how we help families across Chicagoland.
“Everything was explained thoroughly. I learned more about probate in this 1 hour conversation than four months of attempting it on my own. Also, he’s very good at time management; I side track very easily and he transitioned me back to the topic so effortlessly.”
🏛️ Serving Cook, DuPage, Kane, Kendall, and Will Counties
If your family has questions about probate, now is the time to act. Whether you need help managing an estate, preventing family conflict, or creating a strategy to avoid probate, our elder law attorneys are here for you.
Call Estate and Probate Legal Group today at (630) 864-5835 to schedule a consultation with an experienced Oak Brook probate attorney – and enjoy peace of mind.
