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Schaumburg Probate Lawyer

Wheeling probate attorney for contested wills

Attorneys for Estate Administration in Schaumburg

There are many legal issues to address after a person dies, and in many cases, family members will focus on handling personal concerns, such as arranging a memorial service and determining whether the person should be buried or cremated. However, there are a variety of legal and financial concerns that will need to be addressed as well, including matters related to the administration of the decedent's estate. The executor of the estate will need to take the correct steps during the probate process, and family members may also need to address matters related to the administration of trusts or challenges to the decedent's last will and testament.

Managing your loved one's final affairs can be a significant undertaking, but the attorneys of A. Traub & Associates are here to help. We can ensure that you understand your various requirements, and we will advise you on how to address any legal issues that may rise. Our assistance will help you put your mind at ease knowing that everything will be taken care of according to your loved one's wishes.

Completing the Illinois Probate Process

In most cases, a family member or another trusted individual will be named as the executor of a deceased person's estate in their will. However, if a person died without a will, a family member or friend may be nominated as the personal representative of the estate. Matters related to the estate will be handled in probate court, and during the probate process, the executor or personal representative will provide notice to beneficiaries and any creditors who may have a claim against the estate, take an inventory of the estate's assets, pay taxes and other debts and expenses, and distribute all of the estate's assets to beneficiaries as specified in the will.

The probate process applies to some types of assets, but not others. Non-probate assets can be passed directly to beneficiaries, and they may include:

  • Assets in trusts
  • Assets that the decedent owned jointly with their spouse or other parties
  • Retirement funds or other assets that allowed for beneficiaries to be specified
  • Accounts or other assets that are classified as transfer-on-death or payable-on-death

Administration of Trusts

Assets held in trusts can often be distributed to beneficiaries quickly and easily following the death of the grantor, and these assets will not need to be addressed during the probate process. A trustee or successor trustee will manage the trust's assets and ensure that the grantor's instructions are followed correctly. If you have been named as a trustee for a loved one's trust, our attorneys can help you with concerns such as creating an inventory of assets and paying taxes or debts as required after the grantor's death. We will make sure you follow the correct procedures when administering assets and distributing them to beneficiaries.

Contested Wills and Estates

The probate process may become more complex and difficult if family members disagree about their loved one's wishes or the instructions left behind in a last will and testament or trust. Some heirs may attempt to contest a will because they think their loved one was unduly influenced or was unable to understand the decisions they made when they created or updated their will. Disagreements may also arise regarding whether estate planning documents met the proper legal requirements, or a family member may suspect that documents were falsified. If you are in this type of situation, our lawyers can help you determine how to proceed, and we will provide legal representation to make sure your loved one's wishes are carried out correctly while also protecting the rights of beneficiaries.

Contact a Schaumburg Estate Administration Attorney

At A. Traub & Associates, we understand that dealing with the death of a loved one can be difficult. If you have been named an executor or trustee, we can help you meet your legal obligations and ensure that you will be able to complete the probate and estate administration process as efficiently as possible. We can also help beneficiaries or other interested parties resolve disputes regarding wills, trusts, or other estate planning documents. To set up a consultation, reach out to us today by giving us a call at 630-426-0196.

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