Estate Planning

Regardless of your age or background, it is essential to establish a plan that reflects your goals and accounts for your entire range of assets. A well-drafted estate plan ensures your real and personal property is distributed according to your wishes and helps minimize family disputes.

Probate And Estate Administration

The process by which a court distributes assets from an estate to the appropriate beneficiaries is known as probate. In Illinois, probate rules and procedures are complex and often changing, which may cause confusion and lead to disputes among family members. An experienced and compassionate probate attorney can help minimize family contention and ensure the decedent's estate is administered efficiently and according to their wishes.

FAQ

What is "estate planning?"

In short, estate planning establishes the management and distribution of your assets after death or if you become incapacitated. With the assistance of an experienced attorney, you can arrange for your real and personal property to be divided amongst beneficiaries of your choosing.

What is "probate?"

Probate is a legal process that occurs after a person passes. It involves proving the validity of a will, identifying the deceased's real and personal property, an appraisal of the property, paying taxes/debts, and administering the estate.

I have a will. Do I still need to go to probate?

A will directs the probate court as to how assets should be distributed. The probate court only has jurisdiction over assets that are not in the trust, do not have beneficiary designations, and are not in joint names. Any asset owned by a decedent in their name will go through probate (houses are commonly subject to this process). There are simple ways to get a house, or any other asset, out of probate.

What's the difference between a will and a trust?

Wills and trusts are both estate planning devices that serve different ends. The main difference is that a will goes into effect only after you pass, whereas certain trusts may be distributed while you are alive. Wills also pass through probate, whereas trusts can be distributed outside of the probate process and do not need to be overseen by the court.

How does your firm charge?

A flat fee is given for most cases outside of IRS representation and probate litigation. A client knowing how much services cost upfront and not being afraid to ask questions is beneficial to everyone.