CHICAGO, ILLINOIS PROBATE AND TRUST ADMINISTRATION
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 and Trust Administration Audio Stream: Estate Planning, Probate Litigation and Trust Litigation
PROBATE
In Probate and Trust administration, 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 and trust administration 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, our probate lawyers 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 AND 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.” Experienced attorneys can help families with trust and probate administration and execution.
ADVISE TRUSTEES
Hays Firm LLC offers guidance and representation to Trustees to help you understand Illinois probate law.
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 a probate administration lawyer 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 probate lawyers 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 a probate lawyer 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 trust 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 trust administration lawyers will file a lawsuit against a trustee who has failed to uphold their duties to the beneficiaries of the trust.
Contact Us
PROBATE AND TRUST ADMINISTRATION ARTICLES
OUR TEAM
“Our legal team has knowledge and experience to guide our clients through difficult legal procedures and issues. We are dedicated to providing quality legal services with integrity and respect for our clients.”
ANDREW HAYS | PRINCIPAL
Mr. Hays is the principal of the firm and a graduate of Loyola University Chicago (1997) and the Illinois Institute of Technology’s Chicago-Kent College of Law (2005). While in law school, Mr. Hays served as a judicial intern for Honorable Judge Allan S. Goldberg, who then presided over commercial matters in the Circuit Court of Cook County. Upon receiving his J.D., Mr. Hays worked as an associate attorney at a small Chicago firm for two years before branching off and beginning Hays Firm in Chicago in 2008.
Mr. Hays concentrates his practice in the areas of guardianship, decedent’s probate estates, and estate and trust litigation. He is admitted to the Trial Bar of the Northern, Central, and Southern Districts of the United States District Court of Illinois.
For the past five years, Mr. Hays has been selected as a Super Lawyer in the practice of estate and trust litigation. Only 2.5% of the top attorneys in Illinois receive this award annually for their outstanding dedication to the legal profession. Previously, he was selected by Super Lawyers as a Rising Star in 2011, 2012, 2014, and 2015.
ANTONIA HAYS | FIRM PARTNER
Ms. Hays is a partner at Hays Firm in Chicago. She received her B. A. from Loyola University Chicago (1996) and graduated magna cum laude. Ms. Hays received her J. D. from Loyola University Chicago School of Law (2001). She is a member of the Phi Beta Kappa Society, the nation’s oldest and most prestigious academic honor.
Her practice includes the handling of complex and multiparty litigation involving estates and trusts, guardianship matters, contractual disputes, commercial disputes, breach of contract actions, and other areas of civil litigation.
Ms. Hays is a member of the Illinois Bar and is also admitted to practice in the Federal District Court for the Northern District of Illinois. She is a member of the Illinois State Bar Association and Chicago Bar Association. Ms. Hays was named as a 2011 Illinois Rising Star by Super Lawyers magazine in the field of Business Litigation.
JONATHAN LEVY | ASSOCIATE
Mr. Levy is a graduate of the University of Cincinnati (1993) and the University of Illinois Chicago School of Law (1997). Following law school, he served as a judicial intern for Honorable Judge Dean M. Trafelet, who presided over commercial matters in the Circuit Court of Cook County. Upon receiving his J.D., Mr. Levy worked as an associate attorney at a medium-sized firm in Chicago for five years before branching off into his own business.
Mr. Levy concentrates his practice in guardianship, decedent’s probate estates, and estate and trust litigation. He is admitted to the Trial Bar of the Northern District Court of Illinois and is a member of the Illinois State Bar Association.
