Probate Kane County IL – Law Offices of Anthony R. Scifo – Call for a Consultation at 847-628-8311
Probate litigation is basically a process that challenges the contents of a will or to a provision in a will. It can also challenge a codicil to a will or challenge the appointment 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 probate lawyer who represents the recipient of a Notice of Administration informing them that an objection to probate proceedings has to start within a set period of time or be barred is often who will initiate probate litigations.
How Can a Probate Lawyer Help Me?
Regardless of whether an estate goes through administration in Probate Kane County IL proceedings, a lawyer can help you in multiple ways. For starters, a probate lawyer can assist you in filing a will. Many state laws require that a deceased person’s will has to be filed at a district court within a specific time even when there’s no estate administration. A probate lawyer also can help you with filing the correct paperwork with a probate court for administration of an estate.
You’ll typically also require legal services when it comes to actually administrating the estate too. Even in the event that its assets may pass with no probate proceedings. Plus, your probate lawyer can be there to help if legal complexities arise during probate.
Probate Kane County IL – Courts and Proceedings
A probate court serves many different functions. Among the most common is administrating the estates of people who have died, which is referred to as a probate proceeding. Probate Kane County IL courts, however, also handle conservatorships and guardianships. In some cases the same probate court might choose to name a conservator on behalf of a person who is incapacitated. Years later, that same court may administer the same person’s estate after their passing.
In Probate Kane County IL proceedings, the probate courts oversee the identification of the deceased’s property, pays off their remaining debts, identifies the rightful heirs and distributes the properties to them. A personal representative, who frequently is a family member or close friend, carries out much of the work. Usually, they do so with the help of a lawyer and in some cases an accountant if necessary. Once the court determines which of the assets are non-probate, administration of the estate usually proceeds in one of the following ways:
-Informal. This form of administration generally means that the estate is not under the supervision of the court. 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 Illinois 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. A formal administration of an estate is required in the event that there is some dispute among those who retain an interest in the estate. In this case, the Probate Kane County IL court will settle the disputes and lawyers will probably be involved.
The way in which estates get administered can vary significantly. Consult with your Probate Kane County IL 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 Kane County IL lawyer’s office. Though the forms aren’t overly complicated, it is still beneficial to fill them out with a lawyer’s assistance to avoid errors.
Administration of an estate can take anywhere from just a few months for fairly basic estates to as long as a year or two especially if disputes are involved. 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 who is appointed to oversee administration of an estate. This individual is often named in the will. If a representative is not named, the court determines who shall administer an estate. A rightful heir or an interested party also can file a form requesting that the court appoint them to serve as the personal representative.
According to Illinois state law, a personal representative may conduct the following tasks as part of administrating an estate:
- -Identify, collect, value and protect assets.
- -File appropriate tax returns.
- -Pay taxes.
- -Obtain employment of necessary experts for assistance.
- -Pay administrative costs.
- -Publication of a notice of administration in a local news outlet, providing notice of the estate’s administration and of the requirements to file appropriate claims and other paperwork associated with the estate.
- -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 Kane County IL administration.
Trust Litigation and Contested Wills – Law Offices of Anthony R. Scifo – Call 847-628-8311
The death of a spouse, family member or loved one can naturally be a very difficult time emotionally. It can also be challenging with respect to the properties and assets the deceased person leaves behind. Even when the deceased does have a valid will, in many cases there might still be some questions that need resolution. In the event you are considering possibly contesting a will or contesting a trust you’ll want to consult with our law firm. The Law Offices of Anthony R. Scifo has many years of experience in the practice areas of contested wills and claims litigation. Additionally, we have successfully handled cases of power of attorney misuse and caregiver financial abuse.
Kane County Lawyer for Contested Wills and Trusts – Probate Kane County IL
A thorough estate plan will usually feature a will and a trust – or even more than one trust – established for a specific purpose. For instance, a specialized needs trust can be created to care for someone with a disability. In general, these types of documents are binding. But there are situations in which they can be subject to challenge. A will may be contested for reasons such as:
-An abrupt change to a will’s terms or to a trust just before the estate owner’s death.
-Information that indicates the owner was pressured to change their will or trust.
-Alterations that might have been forged or conducted fraudulently.
-In the event the estate’s owner was mentally unstable or incompetent at any point in the planning procedure.
These are just a few examples that give cause to contest the terms of a will. Our law practice represents people who are positioned to inherit from an estate as well as people who have reason to suspect they have been unlawfully excluded. If you have questions regarding a will or a trust we’re here to help get the relevant answers you’re seeking. Speak with a lawyer at 847-628-8311 for confidential and free consultation.