When a person passes away, their estate may enter probate. “Probate” is the legal term for the process of opening an estate in the county where a person lived prior to their passing. When a person’s estate proceeds through the probate process, debts are paid, heirs receive their inheritance, and other routine assets are distributed. Probate isn’t always required, but it can be challenging and complex for family members to deal with on their own. That is why working with probate attorneys is helpful. It creates a way for you to manage this process with professional guidance & advice.
The Rodriguez Legal Group LLC., has probate lawyers who are well-versed in Illinois probate law. If your loved one has passed away, they can help you through the probate process. Their goal is always to ensure you know your rights and obligations under Illinois law and make the process as smooth as possible.
How Does Probate Work?
Probate is simply the process of verifying a will and court supervision of the administration of the estate. If there are no disputes over aspects of the will, probate can often be a relatively simple process. However, disputes often arise between heirs, sometimes over minor items. It is best to identify such disputes early in the process and resolve them before they get out of hand.
At the Rodriguez Legal Group LLC, we believe in working proactively to avoid the need for litigation. Our probate attorneys focus on the efficient distribution of assets to prevent unnecessary disputes. As trusted counselors at law, we can provide comprehensive legal counsel and representation in the probate of any estate, regardless of the size or complexity.
Legal Counsel For Probate Disputes
Sometimes there are questions about the validity of the will, such as fraud or undue influence. There may be allegations of missing or misappropriated assets. There may be accusations of wrongdoing or negligence in settling the estate. Our lawyers have represented heirs, disinherited family members, executors and others in will contests and other estate disputes. We strive for negotiated resolutions to limit the expense and family strife, but we are effective courtroom advocates if the conflict ends up in litigation.
How Does Probate Work in Illinois?
Probate in Illinois is a court-supervised process. It can sometimes be avoided if a person has created an estate plan prior to their death, in particular, if a trust has been created. It can also be avoided if a person has a very small estate. In most cases, a probate attorney will help with all of these situations, even if no formal probate process is required.
In Illinois, a last will and testament are to be filed with the Circuit Clerk of the County in which the person resided within 30 days of the person’s death. The wills may or may not result in a probate estate being opened with the Circuit Court in that County. Sometimes a person may have created certain trust provisions to avoid probate. At other times, a small estate affidavit is all that is required due to the size of the estate.
Illinois Probate Lawyers in Cicero
To schedule a free consultation to discuss your probate situation, call us at 312-243-6200. You can also email us through our contact page. We reply to all correspondence quickly and we have attorneys who speak in English & Spanish.