Kendall County Probate Lawyer
Kendall County Probate Lawyer – Law Offices of Anthony R. Scifo – 847-628-8311
Probate litigation is basically a process that challenges the contents or provisions in a will. It can also be a challenge to a codicil to a will or the appointing of a personal representative. The important facts of a dispute are what defines the precise cause of action. For instance, mental incapacity, duress or improper signing of a will that calls for prosecution or defense. The lawyer typically represents the recipient of a Notice of Administration. He or she informs them that an objection to probate proceedings must start within a set period of time.
How Can a Kendall County Probate Lawyer Help Me?
Regardless of whether an estate will administer in probate proceedings, a lawyer helps in multiple ways. For example, a probate lawyer can help you file a will. Many state laws require that a deceased person’s will has to be filed at a district court within a specific time. This must be done even when there’s no estate administration. A lawyer also can help to file the correct paperwork with a probate court. You’ll typically also require legal services for administrating the estate too, even if assets may pass without probate. In addition, a probate lawyer can be there to help if legal complexities arise during the process.
Kendall County Probate Lawyer – Probate Courts and Proceedings – 847-628-8311
A probate court serves many functions. Among the most common is administrating the estates of people who have died. This is known as a probate proceeding. Probate courts, however, also handle conservatorships and guardianships. In some cases the same probate court might choose to name a conservator on behalf of an incapacitated person. Years later, that court may administer the same person’s estate after they die.
In probate proceedings, the courts oversee the identification of the deceased’s property, pays remaining debts and identifies rightful heirs. Also, the court distributes the properties to the heirs. A personal representative carries out much of the work.
Often a family member or trusted friend of the deceased serves as the representative. He or she usually carries out the role with the help of a lawyer. Once the court determines which of the assets are non-probate the estate usually administers by:
Informal. This form of administration generally means that the court doesn’t supervise the estate. Often, a lawyer has a limited role in informal proceedings.
Affidavit. When the overall value of an estate’s probate assets are less than the amount set by state law a person who is an heir to the estate may fill out an affidavit for the administration of it. The person who holds the assets then releases them to the heir with no need for further actions.
Formal. Courts require formal administration of an estate if there’s some dispute among those with an interest in the estate. In this case, the probate court will settle the disputes and lawyers will probably assist.
Law Offices of Anthony R. Scifo – 847-628-8311
The way in which estate administration proceeds can vary significantly. Consult with your Kendall County Probate Lawyer for additional information.
Estate administration begins with the filing of the correct forms with a district court. The forms are usually available at your probate lawyer’s office. The forms aren’t overly complicated. However, it is still beneficial to fill them out with a lawyer’s assistance to avoid errors.
In an informal estate administration, after the estate is active, the personal representative may pay remaining debts and tax. Afterwards, the representative distributes the assets in accordance to the will’s instructions. The laws of intestacy apply if the person died without having a will. At the conclusion of the informal estate administration, the estate can close down. This is done by filing a form with the court stating the personal representative has settled all taxes and debts and has distributed the remaining properties to those who are rightfully entitled to receive them.
Administration of an estate can take anywhere from just a few months for fairly basic estates to as long as a year or two. Naturally, it takes longer when there are disputes. The average length of time estate administration requires is approximately seven months to one year.
A personal representative can be an individual, a bank employee or a trust company employee that oversees administration. The will usually names this individual. If the will does not name a representative, the court determines who shall administer an estate. A rightful heir also can file a form requesting that the court appoint them to serve as the representative.
Law Offices of Anthony R. Scifo – 847-628-8311
According to state law, a personal representative may conduct the following tasks as part of estate administration:
Identify, collect, value and protect assets.
File appropriate tax returns.
Obtain employment of necessary experts for assistance.
Pay administrative costs.
Publication of a notice of administration in a local news outlet. The purpose is to provide notice of the estate’s administration and of the requirements to file appropriate claims.
Perform a thorough search to locate creditors and inform them when their claims should be filed.
Make objections to incorrect claims and defend against lawsuits from those claims.
Settle proper claims.
Distribution of statutory amounts and assets to surviving family members or spouse.
Distribution of assets to the beneficiaries.
Conclude probate administration.
Call 847-628-8311 to consult with a Lawyer today.
In most instances a lawyer represents the personal representative. This is because several legal matters typically arise even in the most basic estate administrations. The lawyer for a personal representative provides useful advice on rights and obligations according to the law. Also, a lawyer provides representation for the estate proceedings.
Below are a few examples of which documents a personal representative usually needs to begin probating an estate. This list is not an all-inclusive one. Consult with your lawyer to learn more about which documents are appropriate for your situation such as:
A minimum of two death certificates without cause of death.
Copies of certificates of deposits, brokerage statements, bank statements for month of death.
Any bond or stock certificates that the deceased person held outside brokerage accounts.
Copies of any limited or general partnership agreements and mutual funds accounts.
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The Law Offices of Anthony R. Scifo is a recognized probate litigation law firm. We serve communities in Kendall, Kane, DeKalb, Lake and Cook Counties. Our lawyers have experience handling claims both against and for an estate. We work tirelessly to limit or eliminate claims that are unsubstantiated. In addition, or goal is to ensure that an estate’s heirs and debtors receive proper compensation. To that end, we practice innovative legal strategies. We are relentless in our search for the truth in each case.
Along with our proven expertise in probate law, we also serve clients in other practice areas. For example, we provide estate planning services. An estate plan is a document that ensures distribution of your assets complies with your wishes after your passing. Estate plans are essential for avoiding conflict and confusing when it comes to distributing your property and assets. Contact our firm to learn more about how we can draft an estate plan for you or your loved ones.