DuPage County, Illinois Probate and Estate Administration Lawyers
Experienced Attorneys Ensuring a Smooth Probate and Estate Process in Illinois
When a loved one passes away, it is a difficult time for surviving family members and friends. While going through the grieving process, it is important for the executor to receive clear guidance and counsel to ensure that all the legal issues are resolved. Probate and estate administration can be a daunting task even under the best of circumstances. The executor has a long list of duties that must be fulfilled and the process can take several months to complete.
At Momkus McCluskey LLC, our attorneys are experienced in all phases of probate and estate administration and related estate planning issues. We help manage and administer estates of all sizes, delivering comprehensive guidance that ensures the estate is distributed in a smooth and cost-efficient manner and in accordance with the final wishes of your loved one. We also assist in making sure all final tax filings are completed and the estate is closed without any tax or personal liabilities.
Probate and Estate Administration
The process for administering the estate of your loved one will depend largely on your individual circumstances. Some of the scenarios may include:
- Without a Will/Trust: If there is no will or trust, the assets of the decedent will be passed to family members in accordance with the Illinois intestate succession laws. If there are assets that were solely owned by the decedent, probate is still necessary. However, the process is likely to take longer because an executor must first be chosen by the court.
- With a Will: If there is a will, the assets controlled by the will go through the probate process, which can take up to nine months or longer if there are any major disputes among the heirs.
- With a Trust: A trust can be administered privately and without the involvement of the court.
- With a Will and Trust: Some estates contain a will which controls certain assets and a trust controlling other assets. In such cases, the probate (will) and trust administrations can be done simultaneously. There may be other non-probate assets such as life insurance policies that can be distributed during this time as well.
If there is a will or an executor named by the court, this person must perform several tasks, including:
- Verifying that the will is valid;
- Conducting an inventory of all assets within the estate;
- Paying outstanding debts;
- Selling estate property;
- Locating all heirs;
- Distributing property to the heirs in accordance with the final wishes of the decedent;
- Providing a detailed final accounting to the probate court; and
- Completing tax filings and paying all outstanding federal and state income and estate taxes.
Out of State Executors
Probate and estate administration can be made more difficult if the executor resides in another state. At Momkus McCluskey LLC, our attorneys are responsive and clearly communicate with our clients. For executors that do not live in Illinois, we utilize the latest technology to make it easier for you and minimize the amount of travel needed. Regardless of how complicated the estate may be, we can help with all phases of the administration process to ensure that it will be as smooth and seamless as possible.
If you need help with probate and estate administration in Illinois, contact Momkus McCluskey LLC today at (630) 434-0400 for a consultation. We provide advice and counsel from our team of experienced and dedicated Illinois estate planning lawyers.