When Is a Probate Attorney Necessary?

A probate attorney is a legal professional who helps manage the issues related to a deceased person’s estate. They can help ensure that the estate is allotted to heirs in accordance with state law, and that any debts or taxes owed by the deceased are paid off. They can also help settle disputes that may arise.

When is a Probate Attorney Necessary?

A qualified Chicago probate lawyer can help streamline the process, which can save time and money. They can handle all court appearances and filings, public notices, assign an “executor” (or representative), and even litigate any claims against the estate from family members or creditors.

They can also help locate, identify and appraise assets that belong to the deceased, including real estate, personal property and investment properties. They can also assist in determining any tax liabilities and paying them, and they may be responsible for dispersing the estate’s assets to beneficiaries. This includes preparing income tax returns, managing any bank accounts and collecting life insurance proceeds.

Some estates are complex and require a large amount of work. These can include trusts, multiple properties, businesses and investments, and they can be difficult to manage without the help of a legal professional. A probate attorney can manage all of these tasks, allowing family members and loved ones to focus on grieving the loss of their loved one.

In some cases, a dispute may arise over the terms of the will. A probate attorney can help resolve the dispute by interpreting the wording of the will and/or negotiating with creditors. They can also defend the personal representative of the estate in court if a creditor files a claim that the personal representative denies.

If the deceased died with no will, a probate attorney can help determine their heirs through state inheritance laws. They can also help contest a will if someone believes that it was invalid, written under duress or made under undue influence.

When it comes to choosing a Probate Attorney, it’s important to choose an attorney who exclusively deals with probate matters and has experience with the specific judges in your county. This way, they will be familiar with the judges’ quirks and nuances that could affect your case.

You should also discuss with the attorney what level of involvement you want them to have in your case. You might prefer them to take over all aspects of your case, or you might want them to only answer questions and give advice. Be sure to discuss this with the attorney before hiring them so that you are both on the same page about how to proceed with your case. If you are unsure, check that they are in good standing with the Illinois Bar Association and that they have a clean disciplinary record. You can check this using the State Bar Association’s website. A Probate Attorney who is in good standing with the Illinois Bar Association is likely to be competent, experienced, and knowledgeable about the specific judges’ preferences in probate proceedings.

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