What Does a Probate Attorney Do?

A Chicago Probate Attorney will help with the legal management of an estate of someone who has passed away. A good Chicago probate lawyer will handle the decedent’s assets, any trusts he or she may have and guardianship or conservatorship matters that might be in question. These matters are complicated and require a high level of experience. A trusted Chicago probate lawyer will ensure that the estate is managed properly, that all creditor claims are settled and that the personal representative (executor) meets all of their obligations.

Even if a person has proper estate planning in place, disputes can arise after their death that impact the distribution of assets and guardianship arrangements for minors or elderly adults. Our lawyers can help resolve these disputes through negotiations and litigation as needed.

We can help protect your family’s wealth by drafting trusts that are tailored to your unique needs. A trust is an excellent way to pass on assets while avoiding probate and taxes. It can also avoid the cost and delay of a contested probate matter. Our attorneys have 30+ years of experience drafting trusts for a wide variety of clients including business owners, educators and local elected officials.

Our firm can also assist with other aspects of estate planning, such as executing durable power of attorney documents and creating a health care directive. We can also advise fiduciaries regarding the administration of a decedent’s estate and assist with the settling of debts and other affairs. Often, these tasks must be completed in a timely manner to prevent undue delays and expenses for the beneficiaries of an estate.

The passing of a loved one is a difficult time for family and friends. Many issues can arise during probate that complicate the process and lead to unneeded expense, delay and loss of privacy for the heirs. We can help to relieve some of your burdens by providing the necessary legal guidance and representation during a stressful time.

Our team of dedicated lawyers can also provide assistance to surviving loved ones with respect to the collection and transfer of life insurance policies, retirement accounts and other assets. We can also guide you on when the opening of a probate case is necessary, what steps need to be taken to collect all of the assets and who should receive them. We can also assist with resolving any allegations of misconduct by the personal representative and defend you against claims made by creditors.