Lake in the Hills Probate Attorneys at O'Flaherty Law

Top 3 Qualities to Look for in Your Attorney

Your attorney should not speak in legalese.

Finding an attorney that is a “real person” can be difficult. Many attorneys surround themselves almost exclusively with other attorneys and are accustomed to speaking in ivory tower legalese. You should be able to connect with your attorney on a personal level, and he or she should speak to you in plain language that you can understand. You will be working very closely with this person on issues that are very important to you. It is important that he or she be down-to-Earth and someone that you connect with.

Your attorney should be accessible.

The most common complaint that clients have of their attorneys is that the attorney is unreachable, does not communicate with them regularly, or does not promptly return your calls. Your attorney should reach out to you about your case regularly and respond within 24 hours to calls and e-mails. An open line of communication between you and your attorney is essential to building trust.

Your attorney should be realistic with you about costs and outcomes.

Your attorney’s goal should not be to win at all costs. Rather, it should be to achieve a favorable outcome for you as efficiently as possible. It is important that your attorney set realistic expectations at the outset as to the costs you should expect, concerns that the attorney has about the outcome of your case, and the length of time that you should expect your case to take.

‍Regardless of the nature your case, we have an experienced attorney who will focus on your individual needs. Our team of attorneys works closely together, bringing each of their different fields of experience to bear in order to optimize our client care.

Lake in the Hills Probate Attorneys

Contact Us

Please contact our friendly Lake in the Hills Probate Attorneys at our nearest location to schedule a consultation.

O'Flaherty Law of Lake in the Hills

8411 Pyott Rd., Ste. 107

Lake in the Hills, IL 60156

(847) 231-2102

lakeinthehills@oflaherty-law.com

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!

- Attorney Kevin O'Flaherty, Owner

In this Learn About Law episode, we discuss common probate questions that arise during the process.

What Is Probate?

A probate proceeding occurs at the time of one’s passing. A probate procedure is done to give an executor the power to collect the remaining assets of the deceased. The executors job is to sort out the assets to both the heirs and the creditors of the deceased. The executor is given a set of deadlines and is instructed to give notice to heirs as well as creditors in regards the estate matters. In the event that there is a dispute between the heirs and the creditors the court supervises the distribution.

Lake in the Hills Probate & Guardianship attorney, Kevin O'Flaherty, discusses when probate is necessary.

Do I Have To File A Probate Case If My Loved One Passes Away?

Probate is necessary in three different situations. The first is if the deceased (also known as the decedent) owned real estate outside of a trust. The second being the decedent owning more than $100,00.00 in assets of any kind outside of any accounts or trust that are to be directly paid to the beneficiaries named. The last situation is if the heirs and creditors cannot come up with an agreement outside of court.

If any of these situations are true, then the family members of the decedent would then have to start a probate case to be given the authority to distribute the assets. The family members would then need to be named the executor and then receive Letters of Office. Financial institutions such as banks will first need to see the Letters of Office, an order given by the court to give the executor the power to manage the estate, before allowing the executor to have any access to the assets of the deceased.

In this Learn About Law podcast & videoblog, Lake in the Hills Probate & Guardianship attorney Kevin O'Flaherty of O'Flaherty Law discusses the Probate process.

How Is The Estate Administered If Probate Is Not Necessary?

A Small Estate Affidavit is put in place of probate if the decedent owned less than $100,000.00 of assets outside of a trust or if the decedent did not own real estate outside of a trust. These Affidavits count as the written testimony of the administrator. In the event that the decedent did have a trust in place, the administrator will testify as to the name of the trust and state that he or she Is acting as the trustee. Along with this the administrator list of the assets of the estate and explain how they will be distributed to the creditors and heirs.

Once the affidavit has been completed by the administrator of the estate, he or she will only need to sign it before a notary. Having a completed Small Estate Affidavit, a copy of the decedent’s trust or will and death certificate is enough to give the estate administrator the authority to distribute and collect the assets of the decedent without needing probate.

Lake in the HIlls Probate Attorneys | Estate Attorneys, Lake in the Hills IL

Top 3 Qualities to Look for in Your Attorney

Your attorney should not speak in legalese.

Your attorney should be accessible.

Your attorney should be realistic with you about costs and outcomes.

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