Probate & Trust Administration
Chicago, Illinois Probate & Trusts
Probate and Trust Administration are the processes through which a deceased person’s property is distributed to their heirs and beneficiaries. After a person dies, personal and family dynamics often create complications and emotional situations. Therefore, it is essential to retain an adviser with a thorough knowledge of the law and with experience working with families. Without the guidance of good counsel, it is very difficult to properly manage your or your loved one’s property. Each Chicago probate and trust lawyer at Hays Firm LLC has experience with complex family probate matters and is able to help your family avoid and reduce conflict after you pass.
Probate
Probate refers to the process by which property is transferred by a court or a judge. After a person passes, his or her property may need to be transferred by a court. The process of opening an estate for a deceased person’s property and then transferring the property to individuals or charitable organizations is probate. The probate process can be very simple, or it can be very complex if the heirs of a deceased person are in conflict. Proper estate planning can help an individual’s family avoid probate and minimize conflict.
REVIEW THE WILLS AND TRUSTS GUIDING ADMINISTRATION
Our probate attorneys will first help you review the documents that the deceased person created to guide the process.
DETERMINE WHETHER PROBATE IS NECESSARY
A variety of factors will determine whether it is necessary for your family to open a probate estate in court.
FILE
A WILL
If your loved one left a will, Hays Firm LLC will help you properly file the will.
ADMINISTER
PROBATE ESTATE
Hays Firm LLC will draft all documents and pleadings relating to opening the estate, dealing with creditors, distributing the assets to heirs, and closing a probate estate and dealing with all matters that arise related to the distribution.
Wills & Trusts
Wills and Trusts are documents that instruct your loved ones after you die or become disabled. A will is a written declaration of your intentions but it only takes effect at death. A will governs and distributes only “probate property.” A trust is an agreement with respect to the management of assets. A trust may govern property and actions that are not typically considered “probate property.”
REVIEW CURRENT DOCUMENTS
If you have previously created a will or a trust, they may need to be updated.
ADVISE
TRUSTEES
Hays Firm LLC offers guidance and representation to Trustees.
TRUST
ACCOUNTINGS
Most Trustees have a duty to provide a detailed account to the Trust beneficiaries.
ADVISE EXECUTORS OR TRUSTEES
Executors and trustees have duties imposed by a will or trust and by law.
Estate Litigation
Estate litigation is similar to other types of civil litigation, with several key differences. Specifically, the probate court is governed by the Illinois Probate Act which has special time limitations relating to the filing of claims or actions. Therefore, it is essential that you retain an estate litigation attorney who understands the unique rules that govern contested claims in the probate court as quickly as possible.
REPRESENTING EXECUTORS IN A DISPUTE
An executor faces unique challenges when the heirs and beneficiaries of an estate are in conflict.
ADDRESSING EXECUTOR MISCONDUCT
Our attorneys represent heirs and beneficiaries when an executor is not performing his or her duties.
WILL CONTEST
If necessary, our attorneys will file a lawsuit attacking the validity of a will.
REMOVAL OF AN EXECUTOR
Illinois law states that the removal of an executor is justified in certain circumstances.
Trust Litigation
Trust litigation is similar to estate litigation, with several key differences. Specifically, the probate court which is governed by the Illinois Probate Act has special time limitations relating to the filing of claims or actions. However, certain claims may be filed in a court other than probate. Therefore, it is essential that you retain an attorney who understands the unique rules that govern contested trust claims.
REPRESENT TRUSTEES
A Trustee owes fiduciary duties of honesty, prudence, and loyalty to the beneficiaries of the trust.
BENEFICIARY REPRESENTATION
Our attorneys advise and counsel beneficiaries of the trust to ensure and enforce their rights under the trust.
TRUST ADMINISTRATION
Hays Firm LLC represents trustees as they distribute property and pay the trust’s debts.
BREACH OF FIDUCIARY DUTY CLAIMS
If necessary, our attorneys will file a lawsuit against a trustee who has failed to uphold their duties to the beneficiaries of the trust.
CONTACT US FOR A CONSULTATION
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Probate & Trust Administration Articles
When a person dies, their heirs or beneficiaries may be a minor. However, minors are unable to open a bank account on their own.
Under Illinois law, an individual or business entity may file a lawsuit in probate proceeding. However, the individual or entity must have an actual legal interest in the probate estate in order to proceed with the lawsuit.
After a person dies, a probate estate may need to be opened to transfer property. This article will focus on the costs associated with opening a probate estate, transferring property, and closing a probate estate.