The probate-avoidance strategy decedents use can determine if their heirs are burdened with debt. The heirs of a person who dies with debt are responsible for settling those debts. The estate is responsible for settling the final affairs (i.e., debts, tax obligations, etc.) of the decedent and the remainder is distributed to the decedent’s heirs in accordance with the decedent’s instructions or state law if there is no will. However, in some circumstances, the heirs can be saddled with the … [Read more...]
Search Results for: probate
3 Common Myths About Probate Law
Posted on July 20, 2017 //
Probate is a technical and often misunderstood area of the law. Here are some of the more popular probate law myths. 1. There Will Be a Reading of the Will Many fictitious depictions of probate law include a reading of the will, but in reality, there won’t be an actual reading with your attorney or representative. While readings may have taken place more often in days of illiteracy, they are far less likely to be done today unless it’s absolutely required for the beneficiaries. … [Read more...]
Update Your Will and Avoid Probate Court
Posted on October 21, 2016 //
An updated will can protect assets that are meant to go to chosen family members and heirs when a person dies. Without a will, Illinois intestate succession laws will dictate through probate what happens to an individual’s business, savings, personal property, and possibly even minor children. If problems arise, a probate attorney can advise beneficiaries on how to settle the deceased person's estate. Updating a Last Will and Testament Statistics show that up to 70 percent of adults do not … [Read more...]
How Probate Works in Illinois
Posted on October 11, 2016 //
Probate is the legal process by which a will is “recognized” and the court gives the executor of the estate permission to proceed with enforcing the terms of the will. Most wills are probated with few problems however, if a beneficiary disputes the terms or an excluded person believes they were unjustly omitted, then the process can become substantially more expensive. Illinois codified its probate process (prior to the law, it existed as common or “judge-made” law) with the Probate Act of … [Read more...]
Review of the Probate Process
Posted on September 7, 2016 //
Probate is a legal process which formally recognizes a will and appoints an executor to administer the estate and implement the terms of the will. Probate, contrary to legal marketing gimmicks, is not the death knell of an estate. Probate is merely a legal process by which the court supervises the distribution of property to heirs. Overview of Probate Probate is a specialized legal proceeding in which the court reviews a will and recognizes it. During probate, the court appoints an … [Read more...]
Four Ways To Avoid Complicated Probate Hearings
Posted on June 2, 2016 //
In Illinois, parents have several options to transfer assets upon death without going through a lengthy probate process. A probate attorney will use one of four routes to protect property from long probate battles. … [Read more...]
What to Expect During Probate
Posted on January 5, 2016 //
If probate is necessary, it begins when the executor of a will files the will with the local circuit court. Once filed, the executor's attorney will send a notice of proceedings to the deceased's heirs. If an individual passes away without a will, the executor's attorney will send these individual's notice regardless of the fact they were not formally named within a will. Creditors The executor's attorney will also publish an announcement of the individual's death in a local newspaper. The … [Read more...]
How does probate work in Illinois?
Posted on February 11, 2015 //
Probate is a process that occurs in court and is sometimes, but not always, required after a person passes away. The main purpose of the probate process is to make it clear who should inherit the deceased person’s assets and ensure taxes and other debts are paid. During this process, the estate’s executor, who is the person named in the deceased person’s estate planning documents with the help of an Illinois estate planning attorney, must have the estate’s assets appraised, identify and … [Read more...]
How Do You Become an Executor of an Estate in Illinois?
Posted on February 21, 2022 //
Most people file to become an estate executor after the person who owns the estate names that person as executor. An Illinois Circuit Court that has jurisdiction where the estate is located formally appoints an executor of an estate. Any qualifying adult can be named the executor of someone’s estate. An executor exercises legal control over an estate’s assets and debts until a probate court determines how the assets will be distributed. The executor is often a family member or an … [Read more...]
Unmarried Couples: Here’s Why You Need an Estate Plan
Posted on October 11, 2021 //
Failing to plan an estate proactively can be disastrous for unmarried couples. Without an estate plan that specifies who gets what in the event of death or incapacity, the decedent’s wishes are likely to be ignored. The partner could receive nothing—or everything. With a properly organized estate plan, an unmarried partner can leave his or her estate to the surviving partner in the event of death. The unmarried partner can also give the other partner the authority to make health care, … [Read more...]
