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

Lake in the HIlls Probate Attorneys | Estate Attorneys, Lake in the Hills IL lake in the hills probate lawyer

​If you are the executor, trustee or administrator of a loved ones estate, our Lake in the Hills probate & guardianship attorneys are here to assist you. We are here to make sure that you don't have to deal with the stressful process of probate alone. We take pride in our client communication and excellent service at cost-effective rates.

​If you are the executor, trustee or administrator of a loved ones estate, our Lake in the Hills probate & guardianship attorneys are here to assist you. We are here to make sure that you don't have to deal with the stressful process of probate alone. We take pride in our client communication and excellent service at cost-effective rates.

Your Community Law Firm

Why O'Flaherty Law for My

Probate

Matter?

In this video, our Lake in the HIlls Probate & Guardianship attorney describes why O'Flaherty Law is the best choice for your probate matter.

  • ​We Are Affordable!  We take pride in our affordable rates. We understand that at such a difficult time the last thing you and your family needs are expensive legal fees. Our experienced Lake in the Hills attorneys will effectively and efficiently handle your probate matters.
  • We Go Above-And-Beyond For You And Your Family! Our firm has a built a strong reputation for providing exceptional service to our clients.  Many of our clients have been gracious enough to  have taken the time to write us glowing testimonials after being assisted by our Lake in the Hills probate attorneys.  We are the 2016 recipients of the Avvo Client's Choice Award.  Also, Kevin O'Flaherty was honored to receive the Best Under 40 Award from Suburban Life Magazine in 2015.  Our mission is to make every client's experience with our firm a positive one.
  • We Are Comprehensive!  Our attorneys have a wide range of knowledge spanning practically every area of law. This means if your probate case intersects with other areas of law, we are able to assist you going forward with it.  We work collectively to make sure that you get satisfactory results in whatever area of law your case may be.

Some of Our Accomplishments

Schedule a Consultation With Our

Lake in the Hills Probate Attorneys

lake in the hills probate lawyer

To schedule a free consultation at our offices in

Downers Grove,

Naperville,

Elmhurst,

Lake in the Hills,

Tinley Park, and

St. Charles

:

If our office locations are not convenient for you, we are happy to meet with you anywhere in Chicagoland that you find convenient.  

We are also happy to speak with you by phone.  ​​​

probate attorney lake in the hills il

Lake in the Hills

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

(847)231-2102

lakeinthehills@oflaherty-law.com

If meeting at our Lake in the Hills office is not convenient for you, we are happy to meet with you by phone, meet with you in your home or any other location convenient to you.

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

probate lawyer lake in the hills illinois

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 Client's 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.

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."
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 Lake in the HIlls Probate & Guardianship Attorneys

lake in the hills estate attorney

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

When Is Probate Necessary in Illinois?

In this episode of the Learn About Law podcast & videoblog, Kevin O'Flaherty of O'Flaherty Law discusses when probate is necessary in order to administer the estate of a deceased individual. Probate is typically necessary in Illinois when the decedent owns any real estate or more than $100,000.00 of non-real-estate assets outside of a trust. If probate is necessary, then the executor of the estate must receive Letters of Office from the probate court in order to collect the assets of the estate for the payment of creditors and heirs or legatees. If probate is not necessary, then the executor or trustee can administer the estate immediately with the use of a small estate affidavit.

In this article, we will discuss when it is necessary in Illinois to open a probate matter to administer the estate of a decedent and when doing so can be avoided.

Read More
lake in the hills estate lawyer

In this article, we will discuss when it is necessary in Illinois to open a probate matter to administer the estate of a decedent and when doing so can be avoided.

Read More

What Is Probate?

lake in the hills probate lawyer

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

estate attorney lake in the hills illinois

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. 

Read more the full article by our Lake in the Hills probate attorneys.

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. 

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

estate lawyer lake in the hills il

​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. 

How Is The Estate Administered If Probate Is Not Necessary?

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.

lake in the hills probate lawyer
estate administration attorney lake in the hills il

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.  

Read more about when probate is necessary from our Lake in the Hills probate attorneys  

What Are The Stages Of A Probate Case?

There are six steps in the Probate process, first the petition for Probate must be filled by the potential executor asking for the court to make him or her the executor and have Letters of Office issued to them. The probate case must also be mailed to the known creditors and heirs of the decedent.Secondly, the executor must publish notice of the case in the newspaper. This must be done for the benefit of heirs whose addresses are unknown and unknown creditors.After the notice of the probate is published, the estate creditors have six months to file for payment. Next, the executor is given the task of completing an inventory listing of the assets he or she has collected and then delivered it to each party. If the administration is supervised, then the inventory must be approved by the court.​Next, is accounting and receipts of Distribution. Accounting will show how the assets will be distributed to the heirs and creditors, the executor will then deliver this to each party. In addition, the executor will mail receipts of distribution to all parties involved. The receipt must be signed by the party who received the assets it is used as proof by the executor to show that the distribution was in fact receivedLastly, after all distribution have been completed from the estate the executor will then need to file a Verified Final Report with the probate court. This is simply stating that the executor has completed all duties as executor.  This notice will be sent out to all interested parties, unless the executor has received executed receipts of distribution from all parties entitled to a distribution. Receipts of distribution must also be filed with the court. When these documents are complete the court will hold a final hearing to close the probate case and release the executor of duties​Read more about the Probate Process from our Lake in the Hills probate attorneys. ​​​

What Is The Difference Between Supervised Administration And Independent Administration?

​By default probate cases are administered independently.  This means that the executor only needs to appear twice before the court at the initial hearing to open the probate case and at the final hearing to close the case.  The court will independently make all decisions.  The inventory and accounting do not need be filed with the court but instead must simply be delivered to heirs and creditors. In the case that any creditor or heir request supervised administration, the request shall then be granted automatically unless the expressly provides that the estate is to be administered independently.  In that case the requesting party will be required to show good cause for supervised administration.On the occasion that a request for supervised administration is granted, the executor must seek approval from the court for any and all major decisions and must file the accounting and inventory with the court.  The final step would then be having it approved by the judge. Supervised administration requires more work for the executor and his or her attorney.  The purpose is to allow the court to monitor the executor's actions when there are potential or actual disputes between interested parties. Read an article by our Lake in the Hills probate attorneys regarding Supervised vs. Independent Administration. ​​

Further Reading from our

Lake in the Hills Probate Attorneys