Top Elgin, IL Probate Lawyers Near You
Working with Families in Crisis. Handling All Types of Family Law Matters and Probate Court Issues Including Guardianships for Disabled Adults & Closing Estates
Free Consultation
Dedicated to helping our clients with all of their estate planning needs. Call us today for a Free Consultation!
Free Consultation
1655 N Arlington Hghts Rd, Suite 300 W, Arlington Heights, IL 60004
2275 Church Road, Aurora, IL 60502
444 N Illinois Rte 31, Suite 100, Crystal Lake, IL 60012
53 W. Jackson Boulevard, Suite 1633, Chicago, IL 60604-3671
53 W Jackson Blvd, Suite 1203, Chicago, IL 60604
126 S Northwest Highway, Barrington, IL 60010
407 South Dearborn, Suite 1310, Chicago, IL 60605
55 W Monroe St, Suite 3700, Chicago, IL 60603
321 North Clark Street, Suite 3000, Chicago, IL 60654
77 W. Washington, Suite 1115, Chicago, IL 60602
6020 W. Higgins, Suite C, Chicago, IL 60630-1988
221 E Lake Street, Suite 101, Addison, IL 60101
33 N Dearborn St, Suite 1000, Chicago, IL 60602
100 N La Salle St, Suite 2200, Chicago, IL 60602
301 S. County Farm Road, Suite A, Wheaton, IL 60187
233 South Wacker Drive, Suite 9400, Chicago, IL 60606
21660 W Field Pkwy, Suite 118, Barrington, IL 60010
155 N Michigan Ave, Ste 301, Chicago, IL 60601
444 W. Lake St., Suite 3200, Chicago, IL 60606
161 N. Clark St., Suite 1600, Chicago, IL 60601
835 McClintock Drive, Second Floor, Burr Ridge, IL 60527
20 N Clark St, #3300, Chicago, IL 60602
1110 West Lake Cook Road Suite 165, Buffalo Grove, IL 60089-1997
333 W. Wacker Drive, Suite 1700, Chicago, IL 60606
350 S. Northwest Highway, Suite 300, Park Ridge, IL 60068-4262
Elgin Probate Information
Lead Counsel Verified Attorneys in Elgin
Lead Counsel independently verifies Probate attorneys in Elgin and checks their standing with Illinois bar associations.
Our Verification Process and Criteria
Ample Experience
Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.
Good Standing
Be in good standing with their bar associations and maintain a clean disciplinary record.
Annual Review
Submit to an annual review to retain their Lead Counsel Verified status.
Client Commitment
Pledge to follow the highest quality client service and ethical standards.
What Is Probate?
Probate is the legal process of handling a person’s estate after they pass away. During probate, the state identifies the deceased person’s property, assets, and debts, and decides how to distribute these to beneficiaries. A personal representative handles the deceased person’s estate as the executor or administrator. Property and liabilities that can go through probate include:
- Real estate
- Personal property
- Personal debt
- Titled assets
- Bank accounts
- Investment accounts
- Business assets
How Can You Avoid Probate?
If you want your beneficiaries to avoid the hassle of probate, you have several options. You can make sure to name beneficiaries of bank accounts, retirement accounts, and life insurance policies. You could also move your assets to a living trust, which will allow you to access them while you are still alive but will automatically pass to your beneficiaries upon your death.
How Long Does Probate Take?
In a simple case where there are no disputes, and the deceased had a strong plan in place, the probate process of distributing assets and paying off debts may only take a few months to complete. If someone challenges the will or any other part of the estate distribution, it can take much longer.
What Are Some Examples of Situations Where I Might Need a Probate Lawyer?
If a family member or loved one dies, most of their assets will pass through the probate process. You can avoid probate in some states if you have a small estate. With estate planning, you can also avoid probate with a trust. If there are any disputes about who inherits or receives property after death, you should consider a probate lawyer, who can help with:
- Inheritance disputes between family members
- A large estate without estate planning documents
- Resolving multiple wills or a missing will and testament
- Estate tax or inheritance tax reduction planning
How Can a Probate Lawyer Help Me?
After a loved one dies, family members can be at a loss with handling their estate. A probate lawyer can help handle the situation on your behalf. A local probate lawyer is familiar with the probate process in Illinois and can help you understand your options. When you hire a probate lawyer, they can:
- Identify any estate planning documents and beneficiaries
- Help with assets that pass outside of probate
- Transfer real estate and other property to beneficiaries
- Pay off debts and liabilities
- Resolve Illinois and federal tax issues
What Could Happen if I Don’t Hire a Probate Lawyer?
If you don’t hire a probate lawyer, you will have to handle the probate process on your own. There are legal requirements for resolving someone’s estate, including filing requirements and notice deadlines. Without going through the right legal process, the estate could be open to legal claims by creditors or other family members. If you don’t hire a probate lawyer, you could face:
- Delays in distributing assets
- Federal and state estate tax penalties
- Improper title transfers
- Missing or unidentified financial assets
- Inheritance tax penalties
What Questions Should I Ask When Trying To Find a Probate Lawyer in Elgin?
These questions can help you decide if you feel comfortable and confident that a probate lawyer has the qualifications, experience, and ability to manage your case. Many probate lawyers offer an initial consultation that allows you to understand your options and get specific legal advice before hiring them. The top questions to ask include:
- What is your experience in handling probate cases in Illinois?
- How long will the probate process take?
- What property can you transfer without going through probate?
- How will you keep me informed about updates in my case?
- What happens if someone challenges the inheritance?
- How much do you charge for probate cases?
Tips for Hiring a Probate Lawyer
Take the time to find a probate attorney who is right for you and will represent your best interests. Find someone who understands your case, knows your needs and goals, and has the experience to get the best outcome. Things to do:
- Ask for recommendations
- Research lawyers online
- Schedule consultations
- Review experience and expertise
- Talk about fees and billing
- Trust your instincts