Wheaton Probate Lawyers

DuPage County Attorneys for Estate Planning Needs

Just as certain types of legal processes are not enforceable without the proper filing status, a will is not enforceable unless it is probated. Like other forms of civil litigation, some probate matters can be wrapped up in only a few weeks, while other cases can take considerably longer to resolve. It is important your attorney is prepared for either extreme and can work efficiently to settle uncontested matters quickly while being prepared for protracted litigation, if it becomes necessary. Few estates are exempt from probate in Illinois.

While paraprofessionals can help you sign a will and other estate documents, they cannot represent you in probate court. At the Law Offices of Salvatore C. Miglore & Associates, we pride ourselves on offering complete estate planning services to all people in DeKalb, DuPage, Cook and Kane Counties. That is one reason we offer services in English, Spanish, Italian and Polish. Probate is a necessary element of your estate plan, and we are willing and able to offer our services in this area.

In Illinois, estates with more than one owner and valued at more than $100,000 must be probated. If assets are in a trust or covered by certain real estate laws, they are exempt as well. These small estates can be probated by an affidavit.

The process begins when an application is filed. All the named heirs and known creditors must receive written notice; to alert any unknown creditors, notice must also be published. Either way, the creditors have six months to file a claim. The court generally allows independent administration: the executor is legally authorized to pay debts, distribute assets, and carry out any other responsibilities named in the will. In other occasions, especially if there is a will contest or similar dispute, the court may order supervised administration. If the estate is valued at over $4 million, the executor may have to pay federal and/or state probate taxes out of the estate, before distributing assets to the heirs.

Once all the work is done, the executor files an application to close the estate. The report must contain a complete accounting. If there is a will contest, it must be resolved before the estate is closed. Many times, a disagreement may arise over matters such as:

• Capacity: All testators - people who make wills - must understand that the documents they are signing are wills that dispose of all their assets.
• Undue Influence: This challenge is related to lack of capacity. A friend, family member or caregiver may cajole, bribe, threaten or deceive a person into making a will.
• Technical Issues: Sometimes there is more than one will, the will was not legally executed, or the language is unclear or contradictory.

For a free consultation with an experienced probate attorney, contact the Law Offices of Salvatore C. Miglore & Associates at (630) 933-8400. We represent executors and estates throughout DuPage, Cook, DeKalb, Kane, Kendall, Will, McHenry and Lake Counties.