Receiving an inheritance can cause a range of conflicting emotions. Treasured memories swirl around a sense of grief and loss, while the thought of a final financial gift from your loved one carries a bittersweet taste.
Throughout this emotional whirlwind, the last thing likely to be on your mind is finding an inheritance attorney.
But if you stand to be on the receiving end of an inheritance, it’s wise to ask yourself the question: “Do I need a lawyer for inheritance?”
For many, the prospect of complicated paperwork, confusing legal rules, and potential family drama are reason enough to hire an inheritance attorney.
At Hays Firm, we’ve been helping Chicago area families navigate inheritance law since 2008. Today, we’ll discuss the role of an inheritance attorney and the benefits that working with one can bring to your family.
What Kind of Lawyer Deals With Inheritance?
So, what kind of lawyer deals with inheritance?
After all, there are many types of lawyers, but the type of lawyer that is uniquely qualified to help with inheritances is known as an estate and probate attorney, like those at Hays Firm.
Estate and probate attorneys are the lawyers that deal with inheritance. They help families and individuals manage and settle estates, as well as resolve inheritance issues with compassion and skill. As experts in the probate process, they guide families who may have little to no experience with inheritance matters.
Whether they are informally referred to as inheritance lawyers or inheritance attorneys, the goal is the same: to help their clients navigate the inheritance process as smoothly as possible.
Understanding What Inheritance Actually Involves
A common Hollywood trope around inheritance goes something like this: an individual receives a letter in the mail telling them their rich uncle has died, and has left assets of their estate to them. A meeting with a stuffy lawyer follows, who hands them a check and a set of keys to the family estate, and hijinks ensue.
But the problem with this trope is that the inheritance process is rarely so simple.
In the real world, some inheritances must first go through a process known as probate. Probate is the legal process of determining how an individual’s assets are to be transferred after their death. When there is a will in place, probate typically follows the will’s instructions. If no will was left, then state law dictates how the assets will be distributed.
Probate is a critical step, because it ensures that the deceased’s debts are paid first and foremost, including taxes. It also opens the will up to challenges from those who feel there is an unequal distribution of assets, or who believe they have been unfairly excluded from the will.
Once debts have been settled and challenges resolved, the assets can be distributed accordingly.
The probate process is overseen by the executor and or administrator of the estate. Depending on the estate’s size, this can quickly become time-consuming and complicated.
During the probate process, several questions must be answered:
- How many debts did the deceased leave?
- How will the assets be divided among multiple heirs or beneficiaries?
- Are there any ambiguities in the will that can lead to a challenge?
It is in seeking answers to these questions where an inheritance lawyer can prove invaluable.
How a Lawyer for Inheritance Can Help You Navigate the Inheritance Process
Whether you are slated to receive an inheritance, concerned about unequal distribution, or believe you’ve been unfairly excluded, a lawyer for inheritance can help you manage the process.
Protecting You From Financial Liability
A common misconception is that receiving an inheritance is a purely financial windfall, however inheriting assets can sometimes include specific responsibilities and even risks.
Before any inheritance can be paid to the beneficiaries, the estate’s debts must first be settled. If an executor distributes inheritances before paying debts and taxes from the estate’s funds, creditors can file claims that may create personal liability for both the executor and heirs.
Working with an attorney for inheritance minimizes the risk of claims against the estate by ensuring that debts and taxes are properly settled before distributing the remaining assets. They can also ensure that creditors stay within their bounds and don’t harass beneficiaries looking for repayment.
Handling Disputes and Avoiding Family Conflict
We mentioned earlier that the probate process opens up the potential for challenges to the will. Whether you yourself or a family member decides to challenge the distribution of assets in the will, or even the validity of the will itself, working alongside an inheritance lawyer becomes essential.
Some common disputes and challenges to a will include:
- Unequal distribution of assets in a will
- Challenges resulting from blended families from multiple marriages
- Accusations of undue influence
- Accusations of executor misconduct
The larger the estate, the more likely it is that someone will contest it. Lawyers for inheritance have extensive experience navigating these difficult family issues, and can serve as a neutral third party to help mediate family tension.
Understanding Taxes and Hidden Costs
Another reason to ask yourself, “do I need a lawyer for inheritance?” is the potential tax impact.
While there is no “inheritance tax” in Illinois, both the state of Illinois and the federal government impose an estate tax on estates that pass a specific threshold of value. In Illinois, an estate tax return must be filed and taxes paid on estates worth more than $4 million. At the federal level, the estate tax is imposed for estates valued at more than $13.99 million per individual in 2025. While that value may be beyond that of most estates, when there is a substantial inheritance in play, you will absolutely want to work with a lawyer. Inheritance lawyers can help you understand what estate or inheritance taxes may apply, as well as offer strategies to minimize your tax burden.
Ensuring Assets Are Transferred Correctly
Different assets are transferred to heirs in different ways. Some assets, like property and bank accounts are passed through the probate process. Others, like life insurance policies and retirement accounts with specific beneficiary designations, are passed down outside of probate.
Lawyers that deal with inheritance can:
- Ensure beneficiary designations are honored
- Handle the transfer of titles for real estate assets
- Guide you through selling or managing inherited property
- Assist with transfer of business ownership interests.
Without the assistance of a lawyer for inheritance, you can encounter a variety of issues that can make the transfer of assets difficult.
Special Situations That Require Legal Help
For many estates there are special circumstances where working with an attorney for inheritance is essential.
These situations include:
- Business Assets: Inheriting a business presents a variety of legal and financial challenges that require the assistance of an inheritance lawyer
- Blended Families: When the deceased had children or step children from multiple marriages, there is a higher likelihood of challenges and disputes.
- No Will or Conflicting Wills: When no will exists, or when there are multiple competing versions of a will, a probate court must settle the issue. An inheritance attorney is essential in these circumstances.
- Out-of-State Property: Property owned outside of the state of Illinois may require additional probate proceedings.
- Contested Estates: When another heir, beneficiary, or family member seeks to challenge the will or dispute a share, a lawyer for inheritance is essential.
Long Term Responsibilities of Inheritance
Many people think inheritance is solely about the immediate aftermath of a loved one’s passing, like settling debts, paying taxes, and dividing assets. But receiving an inheritance can also create a set of long-term responsibilities for the recipient. Consider:
- If you inherit a home or other property, you’ll be responsible for managing it, including payment of property taxes, insurance, and maintenance of the property.
- For investments inherited, you’ll need to manage them to preserve value or liquidate them.
- If you inherit a business, you take on responsibility not only for its operation, but also for its employees and clients.
An attorney for inheritance can provide you with advice on handling these assets, as well as connect you with financial advisors, tax professionals and business advisors who can help you with management of these assets.
Hays Firm: Chicago Inheritance Attorneys Delivering Peace of Mind in a Difficult Time
Receiving an inheritance is a precious final gift from a loved one, but it also carries responsibilities. Dealing with the grief of your loss is hard enough – trying to navigate the legal process of probate, meeting strict deadlines, and following complex procedures shouldn’t add to your burden.
Rather than trying to handle things on your own, why not opt for the peace of mind that comes from working with an inheritance attorney?
At Hays Firm, we understand the emotional toll losing a loved one takes. Our experienced inheritance lawyers have helped families like yours navigate inheritance and probate in the Chicago area since 2008 with empathy and understanding. We can protect you from liability and minimize tax obligations, while avoiding unnecessary family conflicts.
If you’ve received an inheritance, contact Hays Firm today. Our team is ready to listen to your situation and help you understand your obligations and options.
Don’t wait to get the legal help you need to navigate the inheritance process with confidence.
Contact Hays Firm today for a professional consultation, and let our team provide the expert legal help for probate issues you need.
**Disclaimer**
This 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.
