Schaumburg probate and estate planning lawyers can help you navigate your probate case quickly and efficiently. Estate planning attorneys often speak about ways to avoid probate, but in some instances probate may be advantageous even if it may not be necessary. The attorney’s at Kelley, Kelley and Kelley have decades of experience drafting comprehensive estate plans that avoid probate but we also have decades of experience in probate law helping our clients navigate confusing and daunting probate issue.
When could probate be necessary or advisable?
1. Anticipated Disputes. Often times family members of a deceased person anticipate that certain family members may be gearing up to challenge a will or may be challenging the distribution of assets. In times like this it could be possible that the filing of a probate case to administer the deceased individual’s assets will provide for a more timely and orderly process to defend against claims and may even in certain circumstances provide for a shorter claim period. Consulting with our Schaumburg probate lawyers can help you make the best decisions regarding the filing of probate.
2. Avoid Personal Liability. In Streamwood, Schaumburg, Hoffman Estates and throughout Illinois an estate that is under $100,000 and does not contain any real estate is not required to go through formal probate and can be distributed and administered under a small estate affidavit. When using a small estate affidavit however, the individual executing the affidavit is personally liable for the transfers and for any errors or mistakes. Filing a probate case would remove this threat of personal liability.
3. Complicated Distributions. Client’s routinely come to estate planning attorneys with complicated asset distribution plans. Often times client’s want to leave relatively small amounts to lots of different relatives or multiple charities Tracking down individuals, dealing with multiple entities, working with charities, and understanding what happens when a person dies before receiving a distribution or the charity shuts down before receiving the distribution In these scenarios it may often times be beneficial to file a probate case. Our Schaumburg and Hoffman Estates probate lawyers can help you make the right decision on filing a probate case.
4. Large Amount of Creditors. A deceased person’s debts may often exceed their assets, especially if the deceased individual required hospitalization or medical treatment prior to their death. Knowing which creditor’s must be repaid, how much to repay or the order in which creditor’s are repaid is complicated and a mistake can often times lead to personal liability or making payments that may not be required or advisable. The filing of a probate case will provide for the orderly payment of claims and the oversight of the claims process by the court.
There are many other instances where the filing of a probate action is advisable and beneficial even if it is not legally required under the probate act. Working with knowledge probate attorneys in Schaumburg, Hoffman Estates and Streamwood will ensure that you make the best decisions in the most cost effective manner possible. Call the probate attorneys at Kelley, Kelley & Kelley to speak with a qualified probate and estate planning attorney.
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