While litigation isn't anyone's first choice, it's often the best way–and sometimes the only way–to protect the estate or trust property and ensure that the creator's wishes are carried out. Thus, while the typical Executor will not have to obtain a surety bond to serve as the representative of a Probate Estate, an out-of-state Executor may be required to do so. 111 E Jefferson Ave. Naperville, IL 60540. Your job is to ensure that your friend or loved one's final wishes are fulfilled, but the role of executor requires you to do much more upon the person's death, including: - Finding the Will: Do you know where the decedent kept his or her will? Has the lawyer worked on other cases similar to yours? Therefore, the named Executor under a will should refrain from attempting to perform the more complicated steps in the estate administration process until the formal probate estate is opened in court. Why do I need to go through Probate? After this notice has been sent, the Executor will then proceed to administer the Estate of the Decedent according to the terms of the Will. Wills, Probate & Estate Planning: Naperville, IL | The Law Offices of Kevin P. McCarty. In some instances, a Will can help reduce or eliminate estate tax. We serve DuPage County, including Naperville, Aurora, Plainfield, Bolingbrook, and the western suburbs. If you have children under the age of 18, your will can specify who should become their legal guardian. Thus, a skilled Probate attorney can provide invaluable assistance to the Executor, particularly in a tricky or complicated estate. The first steps to take. As you work to make decisions about matters related to your estate, our lawyers can help you set down your wishes and ensure that they will be followed correctly both before and after your death.
What is a Power of Attorney? We will discuss every aspect of your estate and consider important topics such as: - Familial relationships. How you want your estate distributed, to whom and when. While using a will guarantees probate, it is a more desirable alternative than intestacy. If all of the involved parties can agree, however, then most judges will sign off on the agreement. Naperville Estate Administration Lawyer Discusses the Duties of the Executor. The content is derived from sources believed to be accurate. Unlike a will, a trust is designed to name a trustee to transfer ownership of assets to a trust.
Call 630-912-5970 or email today for a free initial consultation. Use the contact form on the profiles to connect with a Naperville, Illinois attorney for legal advice. To discuss the estate planning options that best suit your particular needs, please contact Kollias P. C. for a free initial consultation. At McSwain Nagle Giese & Rapp, P. Executor of a will naperville turf leagues winter. C., our estate planning attorneys have more than 100 combined years of legal experience, and we are here to help you understand your options as you plan for the future. We have an A+ Rating with the better business bureau, with zero complaints.
Depending on your circumstances, we may recommend annual gifts to heirs and beneficiaries to reduce your estate value. The court must complete several steps before a person can be appointed, including filing and serving the appropriate legal documents and attending multiple court proceedings. What will happen to your accounts, your assets, your items of sentimental value? We will help you in understand the legal requirements that a will must meet to be valid – such as being signed and witnessed properly. Thus, if the estate lacks sufficient assets to make all specific bequests as well as to provide a general residual distribution to the listed residuary beneficiaries, the Executor will make all specific bequests first, leaving the possibility that the general residuary beneficiaries may not get anything. What Happens During The Probate Process? © 2023 Broadridge Financial Solutions, Inc. We advocate for your interests in an effective, efficient manner at this time that can be emotionally difficult. Executor of a will naperville form. Chicago office by appointment only: Coming soon. A Will lets you name your executor. Another way to distribute your estate is through jointly held property — specifically, joint tenancy with rights of survivorship. They take the time to write a will and execute other documents that govern end-of-life issues, such as advanced directives, powers of attorney and living wills. Putting off making a Will can have disastrous results when you do not want your property distributed to your heirs as set out in the state statute.
These may include living trusts that will allow you to retain control of your assets during your lifetime, irrevocable trusts that can provide protection for your assets, special needs trusts that can provide financial assistance for loved ones with disabilities, and charitable trusts that can ensure that your assets will be donated to causes you believe in while also providing for the needs of yourself and your loved ones. With a revocable living trust, you can remain in control of your assets during your life while appointing a successor trustee who will assume control of the trust after your death. Creating A Will | DuPage County Estate Plan Lawyer | Naperville. No one attorney can be an experienced at everything. Trusts in Naperville are governed by Chapter 760 of the Illinois Compiled Statutes.
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The decedent's body or any part thereof, to the burial of the decedent, the payment of necessary funeral charges and the preservation of the estate; but if the will is not admitted to probate, the. This agent must act in good faith and look out for the best interest of the person, especially when that person becomes incapable of making decisions. Persons who are beneficiaries under the Will should not serve as witnesses. Executor of a will naperville forms. Under 755 ILCS 5/28-8, several powers are expressly stated, including: Additionally, as stated above, the deceased person's will can also give specific powers to the Executor to administer estate assets, including detailed instructions regarding complicated asset transfers or specific bequests (specific gifts granted under the will). If a trust is created, you must name a competent individual or trust company to manage the trust.
Serving DuPage County Beneficiaries, Trustees and Executors. Since the state doesn't know your preferences, the probate court may not distribute your assets according to your wishes. In addition to helping you create and execute the documents described above, we can assist with the probate and estate administration process. In your Will, you can elect to have Independent administration and supervision will only be required if an "interested person" (includes family and creditors) asks the court to supervise. Our experienced estate administration and probate legal team in our Naperville, Illinois, and Northwest Indiana offices will provide guidance and assistance to you as personal representatives (executors, administrators, and sometimes trustees) of a deceased person's estate if you have been nominated to act as a personal representative. The Executor will also need to send a receipt to each beneficiary for his/her signature, which will effectively acknowledge that his/her share is accurate and acceptable according to the proposed distributions of the Executor. Waiting on hold for three hours for a phone call is less meaningful compared to three hours of tracking down estate assets and safekeeping them. Call him any time day or night and he will make sure that your issue gets resolved. The truth is that wills can address more than financial assets and property. Will contests are among the most common types of estate litigation. Planning for the Future. Independent administration allows the Executor/Administrator to proceed with little court intervention.
FindLaw's Lawyer Directory is the largest online directory of attorneys. • The Will must be signed by the maker and must be witnessed by 2 witnesses in the special manner provided by law. In addition, you will have to consider any special situations you may have — such as a divorce or a disabled child. Likewise, the larger your estate, the more you may want to use a trust to help guide your estate distribution. An experienced estate and trust litigation attorney like the ones at Roberts & Caruso can help you understand your rights and make good decisions about how to move forward. How does an Executor actually handle the personal and real property in an estate? Our experienced attorneys can provide answers and general guidelines about the process, or we can fully manage an estate on a client's behalf.
She clearly explains your legal options. We have intentionally made our fees affordable, not because we have to, but because we can and we want to help as many people as possible in order to build a reputation for efficiency, effectiveness and value. Death is an unfortunate reality of life, and our hearts go out to anyone dealing with the passing of a loved one. For almost four decades, Collander Law Offices, Ltd. has been a guiding legal force.
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Short North Neighborhood Yard Sale | TBD. 62, Georgetown, will sponsor an indoor community yard sale from 8 a. to noon Saturday, April 14, at the clubhouse. Scammers have tried to prey upon Armslist users in the past, and while we may not eradicate their presence 100%, we will eradicate the vast majority. Mary, Mother of God.
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