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PUTTING OFF MAKING A WILL. In addition, if you have a more complex estate with substantial amounts of property and assets, you may be better off setting up one or more trusts and bypassing the probate process entirely. Use the contact form on the profiles to connect with a Naperville, Illinois attorney for legal advice. Naperville Trust & Estates Lawyer | Probate Civil Assets Court. While will contests are among the most common types of probate litigation, there are other matters that may need to be resolved through litigation. An executor, also known as a personal representative, handles probate on behalf of the estate. How many cases like mine have you handled? The court must complete several steps before a person can be appointed, including filing and serving the appropriate legal documents and attending multiple court proceedings.

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While Carol's mother's estate was not large, and did not have any complex asset holdings or estate debts, the estate administration was anything but normal. You Don't Have to Leave Your Home For Your Legal Consultation. The person named in a will as the executor of the estate must file the will in probate court, manage the deceased person's final affairs, and distribute their property to their heirs. An attorney familiar with estate administration in Naperville may also be able to help to guide you down the correct path or even to serve as the administrator of your own estate after you pass away. We will help you in understand the legal requirements that a will must meet to be valid – such as being signed and witnessed properly. We can assist with: - Wills - Your last will and testament is one of the most important estate planning tools available to you, as it lays out exactly how you want your property to be distributed upon your death. Begin discussing the division of assets and revision of your estate plan when you call The Law Offices of Kevin P. McCarty. Based on predetermined formulas, the probate court decides who receives which assets. Illinois and Indiana Estate Administration. Identifying and valuing assets. In short, trustees act to preserve the interests of the estate, not to further their own agenda. Because each local county Probate Court is different, the time it takes to become appointed as the Executor of the Estate can vary. Executor of a will naperville illinois. A will gives you the power to decide in advance who will receive these assets. Do you have to be named in the Will to serve as the Executor in an Illinois Probate Estate?

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When it comes to financial matters, most problems and difficulties can be avoided with proper planning. Probate is generally a term that refers to the court proceedings required to make sure the property of a deceased person goes to the right people. Executor of a will naperville turf leagues winter. We have been named one of 2016's 10 Best Attorneys for Client Satisfaction by the American Institute of Family Law Attorneys. A Will lets you name your executor. We understand that every client that chooses to trust us with their legal work is putting faith in us to go above-and-beyond to accomplish their goals, and we take that honor seriously.

Executor Of Illinois Will

We can provide representation during this process and make sure all of an executor's duties are completed correctly, and we can also assist in the process of trust administration to ensure that assets are properly distributed to the beneficiaries named in the trust. If the deceased person had the foresight to draft a will before passing, he/she will likely have named an Executor to represent the estate. Kuhn, Heap & Monson has served individuals and businesses throughout Chicagoland since 1978. The management of your property if you are disabled. Just like joint tenancy, this happens automatically, without the need for probate. According to the Illinois Probate Act of 1975 (760 ILCS 5/1-21), the creator of a will is known as the testator. A skilled Naperville trust & estates lawyer might be a beneficial resource as you consider your options for bequeathing your assets and heirlooms. Our experienced attorneys can provide answers and general guidelines about the process, or we can fully manage an estate on a client's behalf. Naperville Wills & Trusts Attorney | Roscich & Martel Law Firm. From an Illinois Probate Court's perspective, there is very little difference in serving as an Executor while living in the State of Illinois, or while residing out-of-state. This "benefit of the doubt" comes from the presumption that the deceased person knew best who he/she wanted as the representative of his/her estate, and the Probate court will do its best to honor that wish. The person designated to carry out the actions defined in a will is called the executor. Creating a trust may allow you to protect assets from public scrutiny, reduce gift and estate taxes, and distribute assets without the intervention of probate court. You've come to the right place. In other circumstances involving temporary circumstances, a person may be appointed for a "short-term" or "standby" to meet the needs of the disabled person on a short-term basis without court proceedings.

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Probating an estate can be difficult work for the designated party. Your executor next decides which assets to use to pay estate taxes and debts. However, there are trusts for pets where you can establish how you want a pet taken care of and set aside funds toward this. Trusts can be either revocable or irrevocable.

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Each allows a different degree of control over distribution, and each poses different challenges and opportunities. Make time to speak with our team; it could make all of the difference in your family's future. When a grantor creates a trust or a testator drafts a will, it's intended to ensure that property is cared for and distributed according to the creator's wishes. Because the estate pays the fee, some beneficiaries might object, since any fee reduces the amount that they will inherit. But how does the Executor actually do this? Made your last Will? Proper estate planning consists of: Effective estate planning should be an ongoing process as life events change. We have the knowledge to help you set up a trust for any purpose as part of your estate. What Should a Will Include? Naperville Will Lawyer | Living Will Attorney DuPage County. Without a will, there is no guarantee that your hard-earned assets will go to the correct beneficiaries, or that your minor children will be cared for by the guardian of your choice.

Preparing and filing tax returns for the estate. Our firm will ensure the probate process is managed properly and efficiently. Typically, the violation(s) by the Executor must be fairly egregious, as the Probate court will usually give the benefit of the doubt to the appointed Executor. Executor of a will naperville. DuPage County Living Will Lawyers. Have an emergency or questions about your case on the weekend or after hours?

Finding and notifying the heirs and beneficiaries. For example, you must consider your distribution goals. Things like a large amount of assets, or blended families can lead to someone contesting the will. We have an A+ Rating with the better business bureau, with zero complaints. For example, an heir or multiple heirs may contest the will. In an irrevocable trust, assets are owned by the trust and changes generally cannot be made. After completing the above steps, the Executor must then prepare an accounting for all interested parties regarding his/her handling of the assets and debts/liabilities of the estate during the administration period. Testamentary trust - created in a will and only goes into effect after a person is deceased. In addition, the opening of a Probate Estate can be delayed by contested issues related to the Estate. The most foundational part of your estate plan is your last will and testament. The first thing that happens is the identification of the executor, who will oversee the probate process.

Understanding Guardianship in Chicago's Collar Counties and Northwest Indiana. This is often referred to as a "testamentary" trust because it is created as part of the last will and testament and takes effect at the probate of the will. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location. Our clients have benefited emotionally, physically, and financially from our knowledge and broad-based advice on preparing wills. He or she has many responsibilities, including safekeeping estate assets and determining the validity of claims.

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