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Illinois Probate Attorney | Estate Lawyers, Illinois

Illinois Probate Attorney | Estate Lawyers, Illinois

If you are the executor or adminstrator of a loved one's estate, our Illinois probate attorneys will guide you through every step of your probate, trust administration and estate administration needs. We will be your advocate and handle your legal matters with skill and efficiency. At this difficult time, you will be able to focus on your family, while our Illinois probate lawyers do the heavy lifting and guide you through the probate process in a cost-effective manner.

If you are the executor or adminstrator of a loved one's estate, our Illinois probate attorneys will guide you through every step of your probate, trust administration and estate administration needs. We will be your advocate and handle your legal matters with skill and efficiency. At this difficult time, you will be able to focus on your family, while our Illinois probate lawyers do the heavy lifting and guide you through the probate process in a cost-effective manner.

Our Experienced Illinois Probate Attorneys Handle Cases Including But Not Limited To:

Your Community Law Firm

Why O'Flaherty Law for My

Probate

Matter?

In this video, Illinois probate attorney Kevin O'Flaherty describes why O'Flaherty Law is the best choice for your probate, trust administration, or estate administration matter.

Our Illinois Probate Attorneys Are Cost-Effective!  

We are proud to offer superior representation, communication and customer service.  Let us be your trusted advocates to guide you through your estate planning needs.​

Our Illinois Probate Lawyers Know Their Stuff! 

Our Illinois probate lawyers' dedication to client service have earned us a reputation for excellence:

  • We are the recipients of the Avvo Client’s Choice Award.
  • Kevin O’Flaherty was honored in 2015 by being named one of Suburban Life Magazine's Best Under 40.
  • We are honored to have received glowing testimonials from many of our satisfied clients.
  • We have achieved an A+ rating with the Better Business Bureau and have never had a BBB Complaint.

Our Illinois Estate Attorneys Provide Comprehensive Service!

Probate cases can often require knowledge from other areas of including as business, real estate and family law.  Our Illinois attorneys have experience in nearly every area of law and will work together with a team approach to ensure that all areas of your case are given the attention they need.  No matter what your situation, you will have dedicated and attentive representation for your matter.

Some of Our Accomplishments

Schedule a Free Consultation With Our

Illinois Probate Attorneys

estate attorney illinois

Please contact our friendly

Illinois Probate Attorneys

at our nearest location to schedule a free consultation:

O'Flaherty Law of Downers Grove

5002 Main Street, Ste 201
Downers Grove
,
IL
60515
Get Directions

See below for our other locations. If our office locations are not convenient for you, we are happy to speak with you by phone.  ​​​

Hours: 9 am - 5 pm Mon - Fri

Our  Office Locations: 

Downers Grove Attorneys, Downers Grove Attorney, Downers Grove Lawyer, Downers Grove Lawyers

Downers Grove

5002 Main St, Ste. 201 Downers Grove, IL 60515

Naperville Attorney, Naperville Attorneys, Naperville Lawyers, Naperville Lawyer

Naperville

105 Jackson Avenue, Ste. 4b Naperville, IL 60540

Elmhurst Lawyer, Elmhurst Lawyers, Elmhurst Attorneys, Elmhurst Attorney

Elmhurst

​110 E. Schiller Street, Ste. 220B ​Elmhurst, IL 60126

Lake in the Hills Attorneys, Lake in the Hills Attorney, Lake in the Hills Lawyer, Lake in the Hills Lawyers

Lake in the Hills

8411 Pyott Road, Ste. 107, ​Lake in the Hills, IL 60156

Tinley Park Attorney, Tinley Park Attorneys, Tinley Park Lawyer, Tinley Park Lawyers

Tinley Park

​16557 Oak Park Avenue, Ste. B, Tinley Park, IL 60477

St. Charles Attorneys, St. Charles Lawyers, St. Charles Attorney, St. Lawyer

St. Charles

210 S Fifth St, Ste. 107B, St. Charles, IL 60174

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Meet Our Owner

Kevin O'Flaherty oversees all legal matters and is actively involved in making sure every client's case, big or small, is handled with excellence and attention to detail. He is available to contact through phone and email and his rates are available upon request.

Here's What Our Clients Have to Say:

John Paul Clancy
Says...

"Kevin and his firm, O'Flaherty Law, are friendly, efficient, knowledgeable and professional. Kevin is a master at bringing people together and sharing ideas."

Kevin Sender
Says...

"Kevin O'Flaherty and his team at O'Flaherty Law are among the friendliest and easiest to work with attorneys I've dealt with. I would suggest them to any friends or business associates."

Kevin O'Flaherty was instrumental during the purchase process of my new house. I highly recommend him and the entire firm!

An excellent client experience, I recommend O'Flaherty Law to all of my clients that have a need for consultation in family law.

DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
John Paul Clancy
Says...
"Kevin and his firm, O'Flaherty Law, are friendly, efficient, knowledgeable and professional. Kevin is a master at bringing people together and sharing ideas."
DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
Kevin Sender
Says...
"Kevin O'Flaherty and his team at O'Flaherty Law are among the friendliest and easiest to work with attorneys I've dealt with. I would suggest them to any friends or business associates."
DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
Mike Stehlik
Says...
"Kevin and his team are my "Go To" resource for clients that need estate planning"
Kevin Koc
Says...
Kevin O'Flaherty was instrumental during the purchase process of my new house. I highly recommend him and the entire firm!
Stephen Petersen
Says...
An excellent client experience, I recommend O'Flaherty Law to all of my clients that have a need for consultation in family law.
Troy Golden
Says...
Kevin is an excellent attorney. He helped me incorporate by business and provides legal counsel as need. I highly recommend him.

Click here for Videos, Podcasts, and Articles by our Illinois Probate Attorneys

illinois estate administration attorney

Or Continue Scrolling Below to Browse some of our Most Helpful Articles

Illinois Trust Administration: Selling Real Estate

In this episode of Learn About Law, we explain the responsibilities of a trustee when selling real estate after a loved one passes away. Have any questions that weren't answered here? Let us know in the comment section! Subscribe: https://www.youtube.com/channel/UCY4Q...

If you are a trustee responsible for the administration of a trust after the passing of a loved one, you have a fiduciary duty to act in the best interest of the beneficiaries of the trust, within the limitations and instructions laid out by the trust document.  

If a trust is in place and estate planning has been done properly prior to the death of the grantor of the trust, it should not be necessary to open a probate estate.  However, if the beneficiaries disagree with the actions of the trustee, the beneficiaries may open a probate case and seek to make the trustee personally liable for mismanaged assets of the estate.  

Trustee responsibility is fairly cut and dry when dealing with liquid assets like a checking account.  However, the trustee's responsibility becomes more complicated when dealing with non-liquid assets like real estate.  

When real estate is present in an estate, the trustee must first decide whether to transfer the real estate to one of the beneficiaries.  This will usually result in a reduction of the share that the beneficiary is due from the remainder of the estate's assets or a payment from the beneficiary to the estate for the value of the home.  An alternative to an insider transfer is to sell the real estate on the open market and distribute the proceeds among the beneficiaries.  

Regardless of what is to become of the real estate, I recommend that the trustee seek written approval from all of the beneficiaries of the trust prior to the transaction.   In the absence of this written approval, one or more of the beneficiaries may later claim that the real estate was sold to a third party or transferred to one of the beneficiaries for less than market value.   The beneficiary could then open a probate case and seek to hold the trustee personally liable for breach of fiduciary duty.  

For example, if the market value of a home is $400,000.00 and the Trustee sells it for $300,000.00, whether to a third party or to an insider, the trustee may be personally liable for the $100,000.00 difference between market value and sale price.  However, if the trustee has received written agreement from the beneficiaries prior to the sale, the trustee will be able to rest easy knowing that she is protected from any future liability. 

Read More
estate administration lawyer illinois

If you are a trustee responsible for the administration of a trust after the passing of a loved one, you have a fiduciary duty to act in the best interest of the beneficiaries of the trust, within the limitations and instructions laid out by the trust document.  

If a trust is in place and estate planning has been done properly prior to the death of the grantor of the trust, it should not be necessary to open a probate estate.  However, if the beneficiaries disagree with the actions of the trustee, the beneficiaries may open a probate case and seek to make the trustee personally liable for mismanaged assets of the estate.  

Trustee responsibility is fairly cut and dry when dealing with liquid assets like a checking account.  However, the trustee's responsibility becomes more complicated when dealing with non-liquid assets like real estate.  

When real estate is present in an estate, the trustee must first decide whether to transfer the real estate to one of the beneficiaries.  This will usually result in a reduction of the share that the beneficiary is due from the remainder of the estate's assets or a payment from the beneficiary to the estate for the value of the home.  An alternative to an insider transfer is to sell the real estate on the open market and distribute the proceeds among the beneficiaries.  

Regardless of what is to become of the real estate, I recommend that the trustee seek written approval from all of the beneficiaries of the trust prior to the transaction.   In the absence of this written approval, one or more of the beneficiaries may later claim that the real estate was sold to a third party or transferred to one of the beneficiaries for less than market value.   The beneficiary could then open a probate case and seek to hold the trustee personally liable for breach of fiduciary duty.  

For example, if the market value of a home is $400,000.00 and the Trustee sells it for $300,000.00, whether to a third party or to an insider, the trustee may be personally liable for the $100,000.00 difference between market value and sale price.  However, if the trustee has received written agreement from the beneficiaries prior to the sale, the trustee will be able to rest easy knowing that she is protected from any future liability. 

Read More

When Is Probate Necessary in Illinois?

illinois probate lawyer

Illinois probate lawyer, Kevin O'Flaherty, describes when probate is necessary in Illinois.

illinois probate lawyer

Our Illinois probate attorneys explain when probate is necessary in Illinois. If an individual passes away while owning any real estate in his or her own name (rather than through a trust) or more than $100,000.00 of non-real estate assets outside of a trust or payable on death account, a probate case will be required in order to grant the executor or administrator of the estate the power to collect the deceased individual's assets and distribute them to creditors and heirs.

If probate is not necessary, a Small Estate Affidavit can be used to administer the estate without the necessity of a court proceeding.

Read more about the probate process from our Illinois probate attorneys.

What is the Difference between Independent Administration and Supervised Administration of an Illinois probate estate?

Our Illinois probate attorneys discuss the differences between supervised administration and independent administration of an estate currently in probate. Independent administration is typically quicker and more affordable, while supervised administration may be slower and costlier.  

Read an article from our Illinois probate attorneys about the difference between independent administration and supervised administration of probate estates.

Illinois probate lawyer Kevin O'Flaherty explains the difference between supervised administration and independent administration of probate estates in Illinois.

probate attorney illinois

Our Illinois probate attorneys discuss the differences between supervised administration and independent administration of an estate currently in probate. Independent administration is typically quicker and more affordable, while supervised administration may be slower and costlier.  

Read an article from our Illinois probate attorneys about the difference between independent administration and supervised administration of probate estates.

What Happens When Minors Inherit Property in Illinois?

Illinois Estate lawyer Kevin O'Flaherty discusses what happens when minor children inherit property in Illinois.

illinois probate lawyer
probate lawyer illinois

In this article, our Illinois estate administration lawyers explain what happens when minors inherit property in Illinois.

There are many different outcomes to a minor inheriting property in Illinois the result may be drastically different depending on the following situations:

  • The decedent dies interstate (without a will in trust);
  • The decedent dies with a will but not a trust; or
  • The decedent has a revocable living trust in place at the time of death.

If the decedent dies intestate (meaning without a will or a trust), the probate court will appoint an adult to be the guardian of the minor’s estate.  The guardian of the minor’s estate will be responsible for managing the inherited assets until the minor turns 18.  In the absence of a will or trust naming someone other than the child’s guardian of the person (the person responsible for raising the child) as the guardian of the estate, the guardian of the person will also be named a guardian of the estate.

If the decedent has a will, but not a trust, the will may name a guardian of the person separate from the guardian of the estate.  The will may alternatively name a custodian for the assets under the Uniform Transfers to Minors Act.  Custodians require less court oversight in managing the assets than guardians of the estate.

If the decedent has a trust, the decedent may name a trustee to manage the assets through a separate trust account without court oversight and according to the instructions of the trust.

Read the full article by our Illinois probate lawyers about minors inheriting property in Illinois.  

Our Illinois Probate Lawyers are Happy To Meet With You in DuPage County, Will County, McHenry County, Kane County, Kendall County, Grundy County, Kankakee County, Dekalb County, LaSalle County, at our offices in Downers Grove, Elmhurst, Naperville, Lake in the Hills, Tinley Park, St. Charles or Any Other Location Convenient To You.

Further Reading from our

Illinois Probate Attorneys