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About Bolingbrook Probate Attorneys:

Probate in Bolingbrook, IL

When someone passes away, their estate goes through probate, a legal process that ensures their assets are distributed according to their will or, if there is no will, according to state law. As a community law firm, we are committed to providing personalized and accessible legal services to our local clients. Probate can seem scary, but working with a probate attorney makes the process go smoothly and as stress-free as possible. Our probate attorneys in Bolingbrook have legal experience in probate and estate administration, so families can focus on healing not the legal stuff. We go above and beyond to help you through this tough time.

What is the Probate Process?

Probate is the court process of proving a will, paying debts, and distributing assets to heirs. The process includes:

  • Proving the will (if there is one)
  • Identifying and valuing the deceased’s assets
  • Paying any outstanding debts and taxes
  • Distributing the remaining assets to beneficiaries

In Illinois, probate is required even if there is a will. If the estate is over a certain value or certain types of assets are involved, probate is usually required. A probate attorney manages the process and makes sure everything is done according to Illinois law, providing comprehensive probate administration services to navigate the complexities of estate management and execution.

A Client Story: Navigating Probate with a Family

One of our clients, Emily from Bolingbrook, IL, came to us after her father passed away unexpectedly. Her father had no estate plan, and Emily had no idea how to do probate. She was overwhelmed with the paperwork, legal terminology, and the emotional loss of a parent.

Our probate attorneys stepped in to help. We walked Emily through every step, from filing the necessary documents with the probate court to making sure her father’s assets were inventoried and distributed properly. Along the way we communicated clearly and compassionately so Emily understood the process and felt good with each decision.

An estate administration lawyer can assist executors with various aspects of estate management, including navigating court processes, addressing debts, and distributing assets, ensuring compliance with probate laws.

There were some bumps along the way during probate. Some assets had to be appraised and there were minor disputes among family members about how some items should be divided. Our probate attorney mediated the disputes so everyone could focus on honoring her father’s wishes. In the end Emily’s family was at peace knowing everything was done legally and fairly. Emily’s story shows why it’s so important to have a probate attorney with you during this tough time.

Probate Law Problems

Probate can be simple but there are many potential problems that can occur. Some of the most common probate problems are:

  • Will contests: Disputes over the validity or interpretation of the will.
  • Estate disputes: Heirs arguing over how assets should be distributed if the deceased didn’t leave specific instructions.
  • Creditor claims: Creditors come forward with claims against the estate which must be resolved before assets are distributed to beneficiaries.
  • Tax issues: Large estates are subject to estate tax which can make distributing assets more complicated.

In addition to probate issues, our firm is also adept at handling civil litigation, ensuring that any disputes or litigation are managed effectively.

A probate attorney can help resolve these problems quickly and easily. Our Bolingbrook probate attorneys are experienced in dealing with disputes and making sure estates are settled according to Illinois probate law.

Probate Avoidance

While probate is often required, there are ways to minimize or avoid probate altogether. By working with an estate planning attorney before you pass, you can make sure your assets pass without court supervision. Estate planning documents, such as wills and beneficiary designations, are crucial in ensuring your assets are managed and distributed according to your wishes, thereby avoiding probate.

Ways to avoid probate include:

  • Living trusts: A living trust allows you to transfer assets to your heirs without probate. The trust holds the assets during your lifetime and upon your death the trustee distributes them according to your wishes.
  • Joint ownership: Property owned jointly with rights of survivorship will pass to the surviving owner without probate.
  • Beneficiary designations: Certain assets such as life insurance policies and retirement accounts allow you to name a beneficiary who will receive the assets directly upon your death.
  • Small estate affidavits: In Illinois estates with assets below a certain threshold may qualify for a simplified probate process which can speed up asset distribution.

By planning ahead and using these tools your loved ones will avoid the time and expense of probate.

What an Estate Administration Lawyer Does

A probate attorney is key to making sure the probate process goes smoothly. As part of their comprehensive legal services, a probate attorney in Bolingbrook, IL offers a range of services to address diverse client needs. Here’s what you can expect when working with a probate attorney in Bolingbrook:

  • Court filings: Your probate attorney will handle the paperwork and filings to open the probate case with the court.
  • Asset management: The probate attorney will identify and value the assets in the estate and make sure they are managed and protected during probate.
  • Debt resolution: The attorney will work with creditors to pay off any outstanding debts or claims against the estate.
  • Distribution of assets: Once debts and taxes are paid, the probate attorney will oversee the distribution of the remaining assets to the beneficiaries.

Why You Need Bolingbrook Probate Lawyers

Probate is complicated especially if the estate has a lot of assets or if there are disputes among family members. Having a probate attorney by your side will make sure everything is done according to the law and your family is protected during this tough time.

Our attorneys have extensive experience practicing law, ensuring that your probate matters are handled with the utmost experience and care.

At our firm, we believe probate shouldn’t add to the stress of an already emotional situation. We’ll take care of the legal side of probate so you can focus on what matters most—your family.

Here’s why clients choose our Bolingbrook probate attorneys:

  • Plain language: We explain each step of the probate process, so you know what’s going on.
  • Fast resolution: Our attorneys will resolve probate matters fast so there’s no delay.
  • Compassionate guidance: We know probate can be emotional and we’re here to offer compassionate, understanding help.

Need help with probate or have questions about being an executor or beneficiary? Contact our Bolingbrook probate attorneys today. We’ll work with you to make sure the estate is settled according to your loved one’s wishes and your family’s future.

Directions to our Bolingbrook, IL law firm:

  • From Naperville (via IL-59 South): Take IL-59 S and turn left onto Hassert Blvd/111th St. Continue on Hassert Blvd, then turn right onto Schmidt Rd. The destination will be on your right.
  • From Plainfield (via US-30 North): Take US-30 N to IL-126 E. Continue on IL-126 E, turn left onto Hassert Blvd/111th St, then right onto Schmidt Rd. The destination will be on your right.
  • From Romeoville (via Weber Rd): Head north on Weber Rd, turn right onto Hassert Blvd/111th St, then left onto Schmidt Rd. The destination will be on your right.

Expertise Best Child Support Lawyers in Chicago 201710 Best 2016 Client Satisfaction American Institute of Family Law AttorneysAvvo Clients' Choice 2016 DivorceRising Stars Kevin P. O'Flaherty SuperLawyers.com10 Best Law Firms 2018 Client Satisfaction American Institute of Family Legal Counsel Attorneys Estate Planning Law40 under forty

What to Expect From a Legal Consultation

The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us.

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Location

Office Address

400 N Schmidt Rd STE 202

Bolingbrook, IL 60440

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Hours of Operation

Monday
9:00am - 6:00pm
Tuesday
9:00am - 6:00pm
Wednesday
9:00am - 6:00pm
Thursday
9:00am - 6:00pm
Friday
9:00am - 6:00pm
Saturday
Closed
Sunday
Closed

How Our Bolingbrook Probate Attorneys Have Helped Clients

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Meet the Owner

I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team.  Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys.  Many of our clients are going through difficult times in their lives when they reach out to us.  They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates.  We are here to help!

Quotation Mark
- Attorney Kevin O'Flaherty, Owner

Check Out Articles and Videos from our Bolingbrook Probate Attorneys

No Contest Clauses in Illinois Probate

In this article, our Bolingbrook estate attorneys explain no-contest clauses in wills and trusts. A no contest clause is language in a will or a trust that provides that if a beneficiary of the will or trust challenges its validity, the beneficiary will forfeit some or all of the benefits he or she would have otherwise received under the terms of the will or trust. No-contest clauses, while generally enforceable, are not a bar to probate litigation, and are only effective to the extent that the benefit that the beneficiary is expecting under the document in question is significant enough to deter a challenge.

Read the full article by our Bolingbrook probate attorneys explaining no-contest clauses in Illinois probate.

Watch Our Video