Probate Lawyer Palatine, IL
If you’re in need of a Palatine, Illinois probate lawyer to help you probate an estate, Bott & Associates, Ltd can assist you in what is often a complicated process. Our firm can take the burden off of you and handle the legal procedures that are required for the division of an estate. For a complimentary consultation with a probate lawyer, please call Bott & Associates, Ltd.
What is Probate?
The legal process called probate is necessary under circumstances where a will is assessed to identify whether it is legitimate and genuine. Probate likewise describes the basic providing of a departed person’s will or the estate of a deceased person without a will.
After an asset-holder passes away, the probate court may rule to appoint an executor named in the deceased persons will, or an administrator to the will (if there is no will certainly) to administer probate. This includes accumulating the possessions of the deceased to pay any type of liabilities remaining on the person’s estate, and also to distribute the possessions of the estate to beneficiaries.
How The Probate Process Works
Probate is the analysis as well as the administration of a transfer of estate properties previously that were owned by a person who has become deceased. The probate court gives the final judgment on the division as well as distribution of assets to recipients.
Oftentimes, the deceased individual has previously established documents, which includes guidelines on exactly how their property and assets are to be distributed following their passing. Although, in some situations, the deceased person does not leave a will.
The Role of an Executor
A will is a document that commonly names a legal representative referred to as an executor who is approved to be suitable for the court. This person will ultimately be responsible for supervising and also seeing that all the assets of the deceased are distributed and managed according to the wishes of the deceased. The administrator has to estimate the value of the estate by utilizing either the date of fatality worth or the alternating evaluation date, as defined by the Internal Profits Code (IRC).
The majority of properties that undergo probate administration are under the guidance of the court of probate in the location where the decedent lived at their time of death. The exception is reality. Probate for real estate may need to be included in any regions in which the realty lies.
The administrator also has to repay any taxes and also financial debt owed by the deceased from the estate. Lenders usually have a limited quantity of time (about one year) from the day of fatality to make any insurance claims against the estate for monies that they are owed. Claims that are declined by the executor can be brought to justice where a probate court will certainly have the final say on whether or not the case is justified.
In situations of probate, the administrator is ultimately responsible for filing the final, individual tax return on behalf of the deceased. Additionally, any outstanding state taxes that are due within one year from the day of death. After the supply of the estate has actually been taken, the value of properties determined, and also debts repaid, the executor will after that seek permission from the court to distribute whatever is left of the estate to the beneficiaries.
If a departed individual’s estate is insolvent, which means that their financial debts exceed their properties, a manager will likely choose not to start probate. Generally, states have unique rules regarding the statute of limitations for the processing of a will certainly with probate. States can likewise have limits for probate filings.
What Is a Probate Lawyer?
A probate lawyer helps you manage the process of creating a will and can also help your beneficiaries after you pass. They help the executor of the estate and the beneficiaries (people stated on your will) or the administrators (if there is no will) manage the process after your death. A probate attorney can also help you with the drafting of a will, drafting a trust, and creating a power of attorney.
Finding a Probate Lawyer
Handling the probate process can seem very straightforward and easy but the reality is the law is always complex. It is made complicated on purpose, and at Bott & Associates, Ltd., we want to help simplify things. We have years of experience handling probate cases. Our job is to make this process as smooth and simple as possible. We have handled all types of probate cases, from simpler cases that have a will to cases without a will.
Make the Probate Process Simpler with a Probate Lawyer
Bott & Associates, Ltd. is here to make the probate process easier and stress-free. To speak with a probate lawyer Palatine, IL clients turn to, please complete the form on this site or call our office to schedule a consultation.
Who We Represent
As a probate lawyer in Palatine, IL, we represent clients who live in Illinois, as well as relatives who live out of state and were named in a will. We also represent:
- Disabled people who cannot come to our office
- Elders who live in nursing home facilities
- Minor children who lost their parents
- Clients who are disputing a will or estate plan
- Clients who are dealing with intestate succession
- Out of state executors
How We Can Help You
Having years of experience, a probate lawyer from our firm can advise you about any of the following:
- Which court the petition for probate should be filed in and in which county
- Prepare and file the petition for probate
- Offer comprehensive support for the named executor
- Assist in paying off creditor debts and taxes
- Valuing and selling assets
- Distributing assets to heirs
- Represent clients who are contesting a will
- Closing the estate
When There Is a Will
If there is a will, the probate process will be a bit easier. However, creating a will doesn’t allow your beneficiaries to avoid probate court altogether. They will still want to have a probate lawyer in Palatine, IL who can help them get through the process. A probate lawyer can also review your will after you create it to make sure it is valid and that no fraud was committed during the drafting.
A probate lawyer can also help when a will is challenged. This is fairly common in cases where beneficiaries disagree with how the decedent distributed their assets. When a will is challenged, the probate process can drag on for months — and sometimes even years.
Without a Will
In the instance that there is not a will previously drafted, this is called “intestate.” This means that the state claims the decedent’s property and distributes it according to state laws. This usually means that the closest living relatives will receive assets.
Unfortunately, if a will is invalid for any reason, the state may also deal with the will in a similar process. Again, this is something that can make a probate case drag on for a long time.
Will Contest and Inheritance Disputes
If you are a beneficiary or heir and believe the will should be challenged, or would like to dispute a will challenge brought by another party, you should consult a probate lawyer. In addition to assisting people with the probate process and drafting of estate plans, we protect our client’s interests and the integrity of the estate as a whole. Common reasons a will contest could occur, include, but are not limited to:
- Undue influence
- Lack of capacity
- Invalid or illegal execution
A probate lawyer may also be needed when there are disputes regarding accounting, the interpretation of a will, the executor, or the right of election.
Expediting the Probate Process
Probate is meant to be easy, but it is not always the case, especially when it is being overseen by an executor who has no experience in the probate process, or the will is being contested. There is no formula that can speed up the process; however, a probate lawyer can reduce the chances of error, delays, or other unforeseeable, or unnecessary, challenges.
Getting Advice from a Trusted Probate Lawyer
Whether you are the executor or the heir, you may have questions about the probate process. Due to, often, intense emotions that may overwhelm those involved following a death, it is very likely that steps may be forgotten and errors made. A probate lawyer can take much of this off your shoulders so you can focus on healing. In addition to this, a probate lawyer can:
- Assist you with any technical details
- Address special or specific needs
- Help you safeguard your rights and legal obligations
- Alleviate any stress or worry
Bring Peace of Mind with a Probate Lawyer Palatine, IL Families Trust
No one likes to think about death, especially when you have a family that depends on you. However, it’s a fact of life that when you pass, you’ll leave all of your material belongings behind. The good news is that these materials assets can keep providing for your family and your loved ones even when you’re gone.
A probate lawyer from Bott & Associates, Ltd, may help to settle your debts and distribute your assets after your passing so your family doesn’t have to deal with the stress.
Disinheriting a Spouse
Most spouses expect to inherit from each other upon their respective deaths. In some situations, for example, where there is a prenuptial agreement limiting inheritance rights, the spouses understand that even when named in the will, they will not inherit from each other. For some spouses, however, the surprise and shock of not receiving any property under a spouse’s will comes after the spouse passes away.
There can be a multitude of reasons that a spouse decides to leave a spouse out of a will and essentially disinherit that spouse. Perhaps the couple is having problems or maybe the spouse thinks that the other spouse will waste the inheritance. Regardless of the reason, under Illinois law, spouses are allowed to disinherit each other.
The law does provide some protection for a surviving spouse who is disinherited. Spouses can file a petition in court for renunciation of the will. Once a surviving spouse files this petition, and it is granted by a court, it means that the surviving spouse can claim an elective share of the deceased spouse’s estate. Therefore, the spouse can ask the court to intervene and overturn the deceased spouse’s wishes. Any spouse who is in this position should consult with a probate lawyer because of the complexities of these situations.
The elective share the surviving spouse may take from the estate of the deceased spouse depends on whether or not the deceased spouse has descendants. If the deceased spouse has surviving children, the surviving spouse only inherits a third of the estate, however, if there are no children, the surviving spouse can inherit half the estate.
A spouse, who receives some property under the will but receives much less than the spouse thought he would receive, can also seek to renounce the will. If the spouse files to renounce the will, that bars the spouse’s claim under the will. So, if the court refuses to renounce the will, the spouse loses out on the property left to him under the will.
If a spouse is truly intent on disinheriting the other spouse, there are other ways the spouse can do this, including placing most of his assets in a trust and not including the surviving spouse as a beneficiary. As a Palatine, IL probate lawyer can explain, disinherited spouses cannot renounce a trust.
Surviving spouses are also entitled to a spouse’s award from the estate. The amount that the spouse can receive is established by the laws of the state they live in. This award is supposed to support the spouse while the will is in probate. A spouse is entitled to this award whether or not the surviving spouse renounces the will.
If your spouse passed away leaving a will that disinherited you, you should take steps to secure your legal rights to your spouse’s estate. To find out more about how you can file a petition for renunciation, contact our office to set up a confidential consultation with a skilled probate lawyer today. Our legal team has extensive experience in these types of estate litigation issues and will explain what all your legal options may be.
Avoiding Probate: Why Do Young Adults Need Estate Plans?
Becoming a legal adult can be a frustrating process. American schools do not generally do an excellent job of educating teens about the legal side of achieving adulthood, so many young people are unprepared for the legal responsibilities that accompany this life transition. Similarly, many are unaware of their rights as adults under the law. It is partially for this reason that it is so important to speak with an experienced estate planning and probate lawyer in Palatine, IL when you become a legal adult. And if you are a younger adult of any age and have yet to draft an estate plan, it is just as urgent for you to schedule a consultation. Why? Because there are numerous ways that estate planning law may now affect you, your property, your medical care and your future that you are likely unaware of. An estate planning and probate lawyer in Palatine, IL can help you to navigate your rights, responsibilities and options under the law.
Young Adults: Understanding Estate Planning and Probate
At its most basic, estate planning involves planning for the end of life. This is not an easy topic to contemplate and many young adults are tempted to procrastinate in terms of estate planning because they hope that their lives will be both long and healthy. In truth, none of us knows exactly how much time we have to live. Estate planning now will ensure that should you become incapacitated by injury or illness or should you pass away, your wishes will be legally enforceable.
Estate planning is a critically important process because if you fail to create a legally enforceable will, living will and power of attorney, your medical care at the end of life and your property will both be subject to your state’s laws instead of your wishes. What does this mean practically? If you die without a legally enforceable will in place, your sentimental and financially valuable property will pass through the legal process of probate. Your estate will pass down according to state laws. Perhaps you want your best friend to receive your books upon your passing. Without a will in place, your books will pass to whomever the law insists that they must pass to. Similarly, without medically-related estate planning documentation in place, whomever the law deems appropriate will make medical decisions on your behalf, should you become too ill or injured to make those decisions yourself. Do you want the law determining what kind of care you receive or do you want to make those decisions for yourself?
Estate Planning Guidance Is Available
If you are a young adult and you have yet to create an estate plan, please consider scheduling a consultation with our firm today. Investing a minor amount of time and effort now will help to ensure that your wishes are legally enforceable and therefore ultimately respected. In addition, navigating the estate planning process now will help your loved ones avoid the challenges of the probate process in the event of your unexpected death. Thinking about leaving the world before you have lived until old age is an unquestionably challenging process. But it is critically important to plan for the unexpected in order to achieve both peace of mind because you have your affairs in order and peace of mind because should the unlikely event of early death occur, you have helped to ensure that your loved ones do not need to struggle any more than necessary with taking care of the property and assets you have left behind.
Contact Bott & Associates, Ltd.
It can be very scary to come to terms with your own mortality, but when that time does come, you’ll be glad to know that your last wishes will be carried out as you want. You may also find comfort in knowing that your loved ones won’t have to deal with excessive legal problems upon your passing.
Let Bott & Associates, Ltd. help provide you with peace of mind that the descendant’s financial assets are being protected. Call our firm today to schedule a consultation with a probate lawyer Palatine, IL clients recommend.