A loved one’s passing is an emotional time for any family. Yet during this period of grief and remembrance, questions around inheritance often swirl.
Whether you’re trying to understand your rights as an heir or beneficiary, resolve a disagreement between family members, or navigate an estate without a will, the inheritance process is fraught with emotional and legal challenges.
That is where the help of an inheritance lawyer can make a significant difference. Inheritance lawyers often overlap with probate or estate lawyers, but focus specifically on representing heirs, beneficiaries, or other parties in estate-related issues.
Hays Firm has helped families in Chicago handle inheritance-related issues since 2008, with compassion and an extensive knowledge of inheritance law. Today we’ll explore everything you need to know about what inheritance lawyers do, along with tips on how to select the right attorney for your situation.
What Does an Inheritance Lawyer Do?
Inheritance lawyers help clients claim, protect, or contest their rightful share of an estate after someone passes away.
Unlike estate planning lawyers, who work with clients during their lifetime, the work of an inheritance lawyer begins only after the estate holder’s death. Their main goal is to ensure that the distribution process is handled legally and fairly.
Inheritance lawyers are often retained by clients with specific needs:
- Executors of an estate: Need professional guidance to carry out their duties.
- Family members: Questioning the validity of a will.
- Heirs or beneficiaries: Believe they have been unfairly denied their rightful inheritance.
Their specific function will depend on who hires them, but among the issues they can help with are:
- Interpretation of wills, trusts, and other estate documents
- Filing and managing paperwork required by the probate court
- Representation of clients in disputes around inheritance or contested wills
- Handling settlement of taxes, debts, and other legal requirements
- Counseling heirs on how inheritance works without a will
What is the Difference Between a Probate Lawyer and an Inheritance Lawyer?
The services of both of these lawyers often overlap, but they play slightly different roles.
A probate lawyer focuses on administrating an estate efficiently. They help executors manage and close an estate, while ensuring taxes, debts, and filings are completed correctly and on time.
Meanwhile, an inheritance lawyer specifically focuses on protecting their client’s rights in an inheritance case. They represent heirs or beneficiaries who bring disputes like unfair distributions or will contests, and help them get what they are legally entitled to.
At Hays Firm, our attorneys handle both roles, giving our clients a comprehensive legal partner through the entirety of probate, including navigating the legal process for inheritance disputes.
How Inheritance Works Without a Will
One of the key functions of an inheritance lawyer is helping families understand how inheritance works without a will.
When an individual passes away without a will or other estate planning documents that formalize their final wishes, they are said to have died intestate. That leaves the inheritance process up to state law to determine who will receive specific assets.
In Illinois, the state’s intestate succession hierarchy follows a straightforward path:
- The surviving spouse inherits first
- Children are next in line
- If there is both a surviving spouse and children, Illinois law divides the estate equally, with half to the spouse and half divided among the children
- If the individual had no spouse or children, assets may go to their parents or siblings
There are also some specific circumstances that can confuse the process, such as blended families where second marriages and step children must be considered.
Without formal legal help, intestate estates often spend months or longer tied up in probate. An inheritance lawyer can help speed up the process by:
- Helping families understand how inheritance is divided by state law.
- Identifying all legal heirs.
- Ensuring that assets are legally transferred.
- Mediating family disputes.
The Legal Process for Inheritance Disputes
Even when there is a well-drafted will in place, it is not uncommon for disputes to arise between family members.
Certain family members may feel that the distributions were unequal, or that they were left out altogether. Changes to a will late in life may lead to accusations of undue influence, or that unclear language in the will leaves it open to interpretation. Family members may even feel that the executor is not acting in the estate’s best interest or has simply mismanaged the estate.
When any of these disputes around an inheritance arise, involving an inheritance lawyer is essential. The legal process for inheritance disputes typically involves:
- Reviewing estate documents to ensure they are authentic.
- Investigating claims of undue influence, fraud, or coercion.
- Negotiating settlements between heirs to avoid further legal action.
- Filing a formal petition in probate court if disputes cannot be settled out of court.
The best inheritance lawyers don’t just focus on winning a dispute, they focus on achieving a fair resolution that keeps the family peace.
By working with an inheritance lawyer, you bring a neutral third party in to mediate the situation. This is vitally important to settling disputes amicably, without involving emotion and potentially disrupting family relationships permanently.
How to Contest a Will With a Lawyer
A contested will differs from an inheritance dispute, as a contested will questions the validity of the will itself, and not simply its distribution.
Common reasons for contesting a will include:
- The deceased was under undue influence when signing the will.
- The will itself is fraudulent or forged.
- A newer copy of the will exists.
- The deceased lacked the mental capacity to sign the will.
If you suspect that a loved one’s will is invalid or unfair, an inheritance lawyer for a contested will can help you settle the matter in court. The process for contesting a will with a lawyer includes:
- Obtaining a copy of the will and gathering estate documents.
- Contacting an inheritance lawyer to gauge the legal grounds for a will contest
- Filing a formal will contest in probate court before the deadline (typically within six months after the will is admitted to probate in Illinois).
- Collection of supporting evidence, including financial records, documentation, and witness statements to strengthen your case.
- Exploring mediation before heading to trial.
Contesting a will is complex and time sensitive, but having an attorney who understands the legal process for inheritance disputes is essential. Their skill can be the difference between a timely resolution and a long, drawn-out court battle that can destroy familial relationships.
What is the Cost of an Inheritance Lawyer?
Many people are reluctant to get professional legal help, for fear of the cost of an inheritance lawyer. However, understanding the potential costs up front can help you make the most informed decision.
Inheritance lawyers typically use one of these primary billing structures:
- Flat Fee: The most common structure used for straightforward cases, like probate filing or document preparation.
- Hourly Rate: Cases that involve more time, such as complex estates, or contested wills charge based on the number of hours worked.
- Contingency: Rare in inheritance cases, but when litigation may lead to a recovery of assets, an inheritance lawyer may take a percentage of the recovered amount instead of an upfront fee.
The total cost of an inheritance lawyer will also depend on the estate’s size and complexity, the number of heirs and potential disputes, and whether the case involves a contested will or lawsuit.
Many inheritance lawyers offer an initial consultation. This is your chance to explain your case, and ask them about their fees and realistic potential outcomes. You should be able to get a clear estimate, a breakdown of possible scenarios, and honest advice about whether or not legal action is actually worthwhile.
If a potential inheritance lawyer can’t answer these questions during an initial consultation, consider looking elsewhere for help.
Hays Firm: Chicago Inheritance Lawyers You Can Count On
Navigating the inheritance process alone is possible, but partnering with the right lawyer can make a complex and emotionally charged process that much easier on your family.
An experienced inheritance lawyer will:
- Help you understand the legal process for inheritance disputes
- Anticipate and help you avoid common mistakes
- Act as a neutral third party, minimizing emotional impact, while protecting your rights.
- Help you avoid prolonged court battles through mediation and negotiation strategies
Whether you’re trying to understand how inheritance works without a will, need help with the legal process for inheritance disputes, or are wondering how to contest a will with a lawyer, Hays Firm is there to guide you through every step.
Contact Hays Firm today to schedule an initial consultation with one of our probate and inheritance law experts and we’ll show you the difference a legal partner you can count on makes.
**Disclaimer**
The content of this blog is for general informational purposes only, and does not constitute legal advice. Please consult with a qualified attorney or lawyer for advice specific to your situation.
