Probate Lawyers – Joliet & Plainfield, IL

Losing a loved one is difficult enough without having to navigate an unfamiliar legal process. When a family member passes away and leaves property, financial accounts, real estate, debts or other assets behind, probate may be necessary to properly administer the estate.

At the Law Offices of Tedone and Morton, P.C., our experienced Illinois probate attorneys help executors, administrators, heirs and beneficiaries understand their rights and responsibilities throughout the probate process. With two convenient locations in Joliet and Plainfield, Illinois, we serve families throughout Will County, Grundy County, Kendall County and surrounding communities. Whether your loved one left a will or died without an estate plan, our attorneys can help you determine what needs to happen next and guide you through the Illinois probate process.

What Is Probate in Illinois?

Probate is the legal process through which certain assets and financial affairs of a deceased person are administered. Depending on the circumstances, probate may involve proving the validity of a will, appointing an executor or administrator, identifying estate property, addressing valid debts and creditor claims, and ultimately distributing remaining assets to beneficiaries or heirs. Not every asset necessarily passes through probate. Property held in certain trusts, jointly owned property and accounts with valid beneficiary designations may be transferred outside the probate estate.

Determining which property requires probate can sometimes be complicated. Our Joliet and Plainfield probate lawyers can review the deceased person's assets, will, trusts and other estate planning documents to help determine the appropriate legal process.

What Does an Executor Do in Illinois?

When someone creates a will, that document will typically nominate an individual to serve as the executor. When there is no valid will, the court may appoint an administrator to handle the estate. The executor or administrator can have numerous responsibilities, including:

• Locating and identifying estate assets
• Filing necessary probate documents
• Obtaining authority to administer the estate
• Identifying heirs and beneficiaries
• Providing required notices
• Managing estate property
• Addressing creditor claims and debts
• Handling real estate owned by the estate
• Maintaining financial records
• Distributing property to beneficiaries
• Completing the administration and closing the estate

Serving as an executor can be a substantial responsibility, especially when the estate contains real estate, investments, business interests or significant financial assets. The Law Offices of Tedone & Morton P.C. can provide guidance throughout the process so that executors and administrators understand their legal and fiduciary responsibilities.

What Happens When Someone Dies Without a Will?

When someone dies without a valid will, it is commonly referred to as dying intestate. Instead of the deceased person determining who receives probate property through a will, Illinois intestacy laws determine which family members are entitled to inherit. This can create complications, particularly in families involving second marriages, children from previous relationships, estranged relatives or disagreements among potential heirs.

If a loved one died without a will, the Law Offices of Tedone and Morton, P.C. can help determine who may have inheritance rights and assist with establishing and administering the estate.

Small Estates in Illinois

Not every estate requires a traditional probate proceeding. Illinois provides a Small Estate Affidavit procedure for qualifying estates. Depending upon the assets involved and other statutory requirements, this procedure may provide a more streamlined method for transferring certain property without opening a full probate estate.

Since eligibility requirements apply, families should have the estate reviewed before assuming that formal probate is unnecessary. Our attorneys can evaluate the assets and circumstances and help determine whether a Small Estate Affidavit or formal probate administration is appropriate.

Probate Real Estate

Real estate is frequently one of the most valuable assets in an estate. A deceased individual may have owned a primary residence, rental property, vacant land, commercial property or other real estate. The executor may need to determine whether property should be transferred to a beneficiary, maintained by the estate or sold so proceeds can be used to satisfy estate obligations or distributed among beneficiaries.

The Law Offices of Tedon & Morton P.C. handles both estate planning and real estate matters, we can assist clients with legal issues involving property during probate and estate administration.

Contested Probate & Estate Disputes

Unfortunately, probate does not always proceed without disagreements. Family members and beneficiaries may disagree about the validity or interpretation of a will, the handling of estate property, the actions of an executor or administrator, or how assets should ultimately be distributed.

Probate Disputes Can Involve:

• Will contests
• Undue influence
• Questions concerning testamentary capacity
• Executor and administrator disputes
• Breach of fiduciary duty allegations
• Disputes among beneficiaries
• Missing or disputed assets
• Estate real estate disputes
• Creditor claims
• Questions regarding inheritance rights

When significant assets or family disagreements are involved, obtaining legal representation early can help protect your interests and potentially prevent a dispute from becoming more complicated. Contact us today to schedule your consultation.

Do I Need an Illinois Probate Attorney?

Probate can involve court procedures, legal deadlines, creditor issues, financial records, real estate and fiduciary responsibilities. Mistakes can potentially delay administration or create disputes among beneficiaries. Working with an experienced Illinois probate attorney can help executors and families understand what is required and keep the estate administration moving forward.

At the Law Offices of Tedone and Morton, P.C., we can assist with matters ranging from relatively straightforward probate administration to estates involving real property, substantial assets or contested issues.

Probate Attorneys in Joliet & Plainfield – Contact Us Today

When your family is dealing with the death of a loved one, you should not have to navigate Illinois probate law alone. Whether you have been named executor of a will, need to establish an estate for a family member who died without a will, have concerns about the administration of an estate, or simply need to determine whether probate is necessary, our attorneys can help.

If you have questions about probate or estate administration in Illinois, contact the Law Offices of Tedone and Morton, P.C. Our attorneys can explain the probate process, answer your questions and help you determine the appropriate steps for administering your loved one's estate. We have two convenient locations in Joliet and Plainfield, IL, allowing us to serve clients throughout Will County, Grundy County, Kendall County and surrounding areas.

We assist families in Joliet, Plainfield, Shorewood, Crest Hill, Romeoville, Lockport, Bolingbrook, New Lenox, Channahon, Morris, Yorkville and nearby Illinois communities. With offices conveniently located in Joliet and Plainfield, Illinois, we are available to assist families throughout Will County and the surrounding areas. Call (815) 666-1285 today to schedule a consultation with an experienced Illinois probate attorney.