Probate and Appointing an Executor
Lawyer in Naperville and Aurora for the Appointment of an Executor
When a person dies in the state of Illinois, probate may be required if the person does not have an estate plan in place or beneficiaries designated properly. This often comes as a surprise to the decedent’s loved ones who may have assumed that the person’s Last Will and Testament would be sufficient for estate administration purposes. Probate and other estate administration concerns can be time-consuming, confusing, and expensive, and the necessary legal processes can add additional stress and grief for surviving family members.
Probate is the process through which the state of Illinois determines who will inherit a decedent’s assets and how any liabilities will be settled. Additionally, a probate court addresses issues such as who will be appointed as the executor or independent administrator of the estate.
Experienced Probate Lawyers Serving Kane County and Will County
Sean Robertson is a seasoned probate and estate administration attorney with more than 14 years of experience in the areas of estates, trusts, and probate. He also has substantial experience dealing with real estate, unlike many other probate and estate planning lawyers. Mr. Robertson works closely with a small title company and addresses probate and real estate concerns on a daily basis. In many cases, a probate attorney will believe that probate is necessary to address a real estate concern when there are other ways to address the issue.
If you have been nominated as the executor of your loved one’s estate and you would like guidance with your duties and responsibilities, Robertson Legal Group, LLC can assist you. With our guidance, the probate and estate administration processes can go smoothly for you and your family.
In general, the executor of an estate manages the assets held by the estate for the benefit of heirs and legatees. Our firm can assist you with:
- Filing the Last Will and Testament within 30 days of the person’s death;
- Filing small estate affidavits for smaller estates where probate may not be required;
- Drafting quit claim deeds and affidavits of heirship to avoid probate and address real estate title concerns;
- Opening a probate estate and an action for the appointment of an executor;
- Filing petitions for letters of administration and a petition for a probate of a will;
- Managing a decedent’s funeral and burial arrangements and expenses;
- Settling any debts or liabilities on behalf of the decedent and estate;
- Closing the probate estate; and
- Selling real estate that is probated through the court system.
Alternatives to Probate
Sean Robertson and Robertson Legal Group, LLC understand that probate court is the last resort and that there are usually alternative solutions to probate court. Often, heirs are in agreement and probate court may be avoided simply by filing out an affidavit of heirship and a quit claim deed to transfer real estate to the appropriate party or parties. Ownership of real estate is a big reason why people come to a probate and estate planning attorney. We have helped many clients who went to other probate attorneys and were told that the probate process was necessary when it was not.
Unfortunately, most probate attorneys are not skilled in real estate law. Sean Robertson and Robertson Legal Group, LLC are different because we do a great deal of work with a small title company, as well as major banks and mortgage lenders such as:
- NuMark Credit Union;
- Busey Bank;
- Compass Mortgage;
- Neighborhood Loans, Inc.;
- United Wholesale Mortgage;
- Loan Depot, LLC;
- Cross Country Mortgage;
- Flagstar Bank;
- Nations Lending Corporation; and
- Many others.
We help clients of such institutions who are looking to refinance or sell their properties when they are facing legal title issues.
Affidavits of Heirship Attorney in Aurora and Wheaton
What is an Affidavit of Heirship? An affidavit of heirship can be used in two ways. First, an Affidavit of Heirship may be used in Illinois probate court matters to properly inform the court regarding the appropriate heirs of a decedent. Second, an affidavit of heirship is used to clean up title issues and explain who the appropriate heirs of an estate are. Simply put, an affidavit of heirship is used to designate the heirs of a deceased person. Obituaries, birth certificates, death certificates, and many other documents are generally used to prove heirship.
If the surviving loved ones are generally cooperative, an affidavit of heirship may provide a suitable alternative to probate court. In many cases, heirs do not want to incur the expenses and time investment of probate proceedings, and an affidavit of heirship will resolve the issue.
Small Estate Affidavits
What is a Small Estate Affidavit? Illinois allows small estates—defined as estates with less than $100,000 in personal property—to forgo the formal probate process. A small estate affidavit is an alternative to probate court. A small estate affidavit is a legal document that provides information about a decedent’s heirs and loved ones and is used to access bank accounts, life insurance proceeds, and other assets that cannot be transferred without a small estate affidavit.
Sean Robertson and Robertson Legal Group, LLC will assist you by providing an interview form to gather the necessary financial and personal information about the heirs. Then, we complete the small estate affidavit for you to sign and notarize. Once this is complete, you should have access to the decedent’s accounts and other applicable assets.
Call 630-780-1034 Today
Sean Robertson and the team of professionals at Robertson Legal Group, LLC can assist you with every aspect of the probate and estate administration processes. We are skilled, thorough, and caring, as well as timely and responsive. Contact our office for a free consultation by calling 630-780-1034 today.