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Most people are confused about the probate process and how it may affect the beneficiaries at the time of executing an estate plan. That is no surprise because it is a formal, legal process involving different parties and court proceedings. Generally, probate takes place when a will has to be proven and for estate administration. Because many rules and regulations are involved for protecting beneficiaries, heirs, and creditors, the entire process may take anywhere from a few months to years.
How the Probate Process Works in Illinois
The purpose of the probate process is to deal with a deceased person’s estate affairs in the court of law. The process includes:
- Appraising the estate
- Paying debts and taxes
- Inventorying the deceased property and assets
- Distribution of assets among beneficiaries as per deceased’s wishes after all accounts have been settled
Probate ensures that estate assets of the deceased are transferred to the beneficiaries in an orderly and legal manner. Several parties are involved in the probate process, including grantor, executor, beneficiaries, and their legal representatives. If any of the parties are in disagreement with others, it may lead to probate litigation.
Legal Representation for Executors in Chicago, Illinois
If you have been named as the trustee or executor of a will, you may need to get help from an experienced attorney to ensure you are carrying out your duties of estate distribution as per the legal standards. At Cesario & Walker, we will help understand the legal guidelines for transferring assets and property, resolving any claims that may arise, and executing the estate plan of the deceased. Since Illinois laws pertaining to probate administration are complex, it is recommended to have skilled legal counsel to help you go through the process without encountering any issues.
Legal Representation for Beneficiaries in Chicago, Illinois
If you are an heir or beneficiary in a will, you may need help of an experienced attorney to protect your rights and represent your interests, and guide you through the probate process as well to make it less emotionally and financially straining. Our probate attorneys work closely to understand your situation and prepare you for court proceedings so that everything is goes smoothly without any issues. Our clients rely on us for our legal counsel, sound advice, and deep concern, as all our solutions are geared toward the wellbeing of the deceased family.
Fierce Advocacy in Will Contests and Trust Litigation
The probate administration rarely goes smooth and uncontested, as disagreements generally arise on different aspects of the will, such as mental capacity of the grantor, unfair distribution of assets, vague language leading to questionable outcomes, and others. Common issues that arise in probate administration include:
- Actions ofagents under Power of Attorney
- Breach of fiduciary duty
- Challenges to fees
- Removal of fiduciaries
- Undue influence claims
- Will Contests
Discuss Your Case with an Experienced Probate Attorney
Probate is a complex and highly contested legal procedure that requires litigation to resolve matters in most cases. If you are looking for an experienced and knowledgeable probate attorney to handle your case, our law firm is the right choice for you. Contact Cesario & Walker today at 630-920-8800 to schedule an initial consultancy and discuss your case.