Best Probate Lawyers in Chicago

Q: 1. What happens if there is no will?

If a person dies without a will in Chicago, the property will be distributed as per Illinois' intestacy law. This usually means that the closest relatives will inherit the property.

Q: 2. How long does the probate process take?

The length varies depending on the complexity of the estate but typically it can take anywhere between 6 months to 2 years.

Q: 3. Can the probate process be avoided?

Yes, there are some strategies to avoid probate like establishing a revocable living trust, owning property jointly, or designating beneficiaries for retirement and life insurance policies.

Q: 4. Do I have to go through probate if I'm a named beneficiary?

Not necessarily. Certain assets, such as life insurance or retirement accounts, may pass directly to the named beneficiaries without going through probate.

Q: 5. What role does a probate lawyer play?

A probate lawyer advises executors and beneficiaries of an estate on how to settle the final affairs. They may help with filing documents, understanding and paying bills, taxes, and debts, and more.

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List of the best lawyers in Chicago, United States

Willis Law

Chicago, United States

42 people in their team

English

Willis Law is one of the fastest growing law firms in Michigan. We were founded here, and we have offices in Kalamazoo, Grand Rapids, Paw Paw, and Chicago. Our large attorney team handles a broad range of cases, with areas of focus spanning the whole gamut of law. This means we can take on a broad...

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Lippes Mathias LLP

Chicago, United States

Founded in 1965

177 people in their team

English

Lippes Mathias LLP is a full-service law firm with more than 135 attorneys serving clients regionally, nationally, and internationally. With offices in Buffalo, N.Y.; Albany, N.Y.; Burlington, Ontario; Chicago, Ill.; New York City; Jacksonville, Fla; and Washington, D.C., the firm represents a wide...

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United States Probate Legal Questions answered by Lawyers

Browse our 2 legal questions about Probate in United States and the lawyer answers, or ask your own questions for free.

My husband passed away five years ago. We have a property in th Philippines and I would like to transfer everything to my child. We are now residing in California, as U.S. citizens and my late husband a Filipino citizen.c: Hello:We are sorry to hear about the passing of your husband, and we extend our deepest condolences.Regarding your concern, since your husband was a Filipino citizen and you are now both U.S. citizens residing in California, the property transfer to your child in the Philippines can be lawfully facilitated under Philippine succession laws.Here are some important legal points and possible remedies:1. Extrajudicial Settlement of Estate (if there is no will)If your husband died intestate (without a will), and there are no other compulsory heirs aside from your child, you may execute an Extrajudicial Settlement of Estate with Waiver of Rights in favor of your child. This must be:Signed by you as the surviving spouse,Notarized and registered with the Registry of Deeds,Accompanied by a notarized Affidavit of Self-Adjudication or Waiver, if applicable.If the property is titled in your husband's name, the title must be transferred first to the estate, and then to your child.2. Judicial Settlement (if there is a dispute or complications)If:There are other legal heirs,There is no agreement on the partition,Or if a will exists that needs probate,Then a petition for judicial settlement must be filed before the Philippine court having jurisdiction over the property.3. Tax Clearance & Title TransferTo legally transfer the title, the following must also be secured:BIR Certificate Authorizing Registration (CAR),Estate tax clearance,Updated real property tax payments,Transfer of title with the Registry of Deeds.We recommend an initial consultation so we can properly review your husband’s death certificate, property documents, marriage certificate, and your child’s proof of identity. This way, we can assist you in completing all required steps without requiring you to travel to the Philippines.You may directly schedule and automatically get a Google Meet link using the link below:👉 https://calendar.app.google/MuALV3nLqedy9FCx6Our Contact Information:📧 Email: recososalawfirm@gmail.com📞 Phone/Viber/WhatsApp: 09175046510📍 Office: 5th Floor, Park Centrale Building, IT Park, Apas, Cebu City, 6000We look forward to helping you secure your child’s rightful inheritance.Best,Atty. Jofre RecososaOwner, Recososa Law Firm
can filipino probate lawyers make a California trust?: Contact me on WhatsApp >>> +38970704335 <<< I can help you.Regards,

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About Probate Law in Chicago, United States

Probate is the legal process that occurs after a person's death, which includes gathering the deceased person's assets, paying any remaining debts, and distributing any remaining property as per their will. If no will exists, the property is distributed according to state law. Probate laws vary state by state and in Chicago, it's regulated by the Illinois Probate Act. This process could be time-consuming depending on the complexity of the decedent's finances.

Why You May Need a Lawyer

If you're an executor of a will, it might be beneficial to seek legal guidance due to the complexity of the probate process. This includes situations such as dealing with contested wills, estates of significant value, estates with several debts and estates with complex assets like business interests. It's also advised to seek legal help if there were changes in the estate's value during the probate process, or if the estate is insolvent and you are unsure which debts to pay.

Local Laws Overview

The Chicago probate laws mandate a probate process for estates worth more than $100,000 or involve real estate property. The city follows the Illinois Probate Act, which sets forth rules regarding who inherits if there’s no will ('intestate') and how much they inherit. Also, it outlines the importance of executors or administrators in dealing with estates, and their responsibilities.

Frequently Asked Questions

1. What happens if there is no will?

If a person dies without a will in Chicago, the property will be distributed as per Illinois' intestacy law. This usually means that the closest relatives will inherit the property.

2. How long does the probate process take?

The length varies depending on the complexity of the estate but typically it can take anywhere between 6 months to 2 years.

3. Can the probate process be avoided?

Yes, there are some strategies to avoid probate like establishing a revocable living trust, owning property jointly, or designating beneficiaries for retirement and life insurance policies.

4. Do I have to go through probate if I'm a named beneficiary?

Not necessarily. Certain assets, such as life insurance or retirement accounts, may pass directly to the named beneficiaries without going through probate.

5. What role does a probate lawyer play?

A probate lawyer advises executors and beneficiaries of an estate on how to settle the final affairs. They may help with filing documents, understanding and paying bills, taxes, and debts, and more.

Additional Resources

The Cook County Probate Court is an essential resource. Their website provides details about the local probate process, forms, and a directory to help find a probate lawyer. The 'Illinois Legal Aid Online' also provides comprehensive legal advice and resources.

Next Steps

If you require legal assistance in probate, it's generally advised that you consult with a probate lawyer in Chicago who can aid you in understanding and navigating the complex probate process, from filing documents to understanding your responsibilities as an executor or administrator of an estate.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.