A probate attorney deals with the legal process of settling the estate of an individual after they have died. This involves figuring out and amassing the deceased’s assets, paying their creditors and approved debts and finally distributing their remaining assets to their heirs or beneficiaries. In some cases, a lawyer may also be required to close or sell a business and transfer ownership of any property in the deceased person’s name. This can include a family home, a small business or even a vacation house.
Probate is a lengthy, court-process intense process that enables the heirs of a deceased person to receive their inheritance while also ensuring that any outstanding debts and taxes are paid. While it is possible to handle probate without an attorney, a skilled and experienced one can help make the process much easier, less costly and more efficient. The right Chicago Probate Attorney will provide the necessary expertise and guidance to ensure that all requirements are met, including court appearances, probate filings, public notices, appointing an Executor, settling claims against the estate and defending against challenges to the will.
In addition to helping personal representatives through the probate process, a probate attorney can help beneficiaries understand their rights and responsibilities. This is especially important if there are disputes about the will. For example, if the deceased person’s second set of children from their first marriage did not receive equal shares in the estate, they may file a claim against it. A probate attorney can defend the estate against these claims and find a resolution that is acceptable to everyone involved.
Whether or not you need a probate attorney depends on a number of factors, including the size of the estate, how complicated state laws are and whether or not there is a trust in place. It is always a good idea to consult with one for peace of mind, but it is not always necessary, particularly if the estate is fairly small and the family members get along reasonably well.
A qualified probate attorney will have passed the Bar exam, a rigorous test of an individual’s legal knowledge. In addition, he or she will have extensive experience dealing with settling estates. In some cases, it may be appropriate to have a probate attorney handle other legal matters as well, such as a divorce or child custody matter that could impact the estate. However, if you want the best results, it is generally recommended to hire a lawyer who only deals with probate and estates matters. This will ensure that your case gets the attention and focus it deserves. In addition, a probate attorney will have familiarity with the judges that are likely to be assigned to your case. This can make all the difference in a successful outcome.