(630)324-6666
info@oflaherty-law.com
Our McHenry County probate attorneys have the skills and experience to put you in the best position to succeed in your contested probate matter and to handle your uncontested probate case in an efficient and cost-effective manner.
Our McHenry County probate attorneys have the skills and experience to put you in the best position to succeed in your contested probate matter and to handle your uncontested probate case in an efficient and cost-effective manner.
In this video, McHenry County Probate attorney Kevin O'Flaherty describes why O'Flaherty Law is the best choice for your probate matter.
Please contact our friendly
McHenry County Probate Attorneys
at our nearest location to schedule a free consultation:
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
5002 Main St, Ste. 201 Downers Grove, IL 60515
105 Jackson Avenue, Ste. 4b Naperville, IL 60540
110 E. Schiller Street, Ste. 220B Elmhurst, IL 60126
8411 Pyott Road, Ste. 107, Lake in the Hills, IL 60156
16557 Oak Park Avenue, Ste. B, Tinley Park, IL 60477
210 S Fifth St, Ste. 107B, St. Charles, IL 60174
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.
"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 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.
In this episode of Learn About Law, we explain what happens when minors inherit property and explore the different possible scenarios, including if the decedent dies with a will, trust, or neither. #EstatePlanning #IllinoisLaw
When a minor inherits property in Illinois, how that property will be dealt with depends on whether the decedent (the person from whom the property is inherited) dies with a will, with a trust, or without either (intestate). In this article, we will explain the results of the different potential scenarios.
1. Decedent dies intestate (without a will or trust)
In the absence of a will or trust, the decedent’s estate will go through probate. The probate court will appoint a guardian of the minor child’s estate. This person will be responsible for managing the inherited assets of the minor until the minor reaches age 18, at which point the remaining assets will be paid out to the child. The guardian of the estate will have the duty to preserve as much of the inheritance as possible for distribution to the child when the child reaches the age of majority. He or she will be required to report periodically to the probate court until the assets are finally distributed and seek court approval for certain types of transfers. The guardian of the estate may be a different individual than the guardian of the person (the individual with custody over the guardian). However, in the absence of a will or trust naming a specific person as the guardian of the estate, the guardian of the person will often be named the guardian of the estate. This is undesirable for divorcees who do not necessarily want their ex-spouse, who will likely be the custodial parent and guardian of the person, to have control of their property.
When a minor inherits property in Illinois, how that property will be dealt with depends on whether the decedent (the person from whom the property is inherited) dies with a will, with a trust, or without either (intestate). In this article, we will explain the results of the different potential scenarios.
1. Decedent dies intestate (without a will or trust)
In the absence of a will or trust, the decedent’s estate will go through probate. The probate court will appoint a guardian of the minor child’s estate. This person will be responsible for managing the inherited assets of the minor until the minor reaches age 18, at which point the remaining assets will be paid out to the child. The guardian of the estate will have the duty to preserve as much of the inheritance as possible for distribution to the child when the child reaches the age of majority. He or she will be required to report periodically to the probate court until the assets are finally distributed and seek court approval for certain types of transfers. The guardian of the estate may be a different individual than the guardian of the person (the individual with custody over the guardian). However, in the absence of a will or trust naming a specific person as the guardian of the estate, the guardian of the person will often be named the guardian of the estate. This is undesirable for divorcees who do not necessarily want their ex-spouse, who will likely be the custodial parent and guardian of the person, to have control of their property.
McHenry County probate lawyer Kevin O'Flaherty explains when probate is required in McHenry County, Illinois.
In this article, our McHenry County probate lawyers explain when probate is required in McHenry County, Illinois. Probate is required in order to distribute the assets of an estate if the person who passed away (the "decedent") owned any real estate outside of a trust or more than $100,000.00 in non-real estate assets outside of a trust or payable on death accounts. If probate is required and you are the executor of the estate, the first step is to file a petition to open a probate estate with the appropriate probate court.
In this article, our McHenry County estate lawyers explain the probate process in McHenry County, Illinois. A probate case is initiated by filing a petition to open a probate estate along with accompanying documents. The executor should serve notice upon creditors, heirs, and beneficiaries named in the will (legatees). The executor must also publish notice to unknown creditors in a newspaper of general circulation in McHenry County. Once the period for creditors to file claims with the estate has passed, the executor will present an inventory and accounting to creditors and heirs to show how assets will be distributed. Finally, the executor will file a final report with the McHenry County probate court to demonstrate that his or her responsibilities have been properly discharged.
Our McHenry County probate lawyers explain the probate process in McHenry County, Illinois.
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In this article, our McHenry County estate lawyers explain the probate process in McHenry County, Illinois. A probate case is initiated by filing a petition to open a probate estate along with accompanying documents. The executor should serve notice upon creditors, heirs, and beneficiaries named in the will (legatees). The executor must also publish notice to unknown creditors in a newspaper of general circulation in McHenry County. Once the period for creditors to file claims with the estate has passed, the executor will present an inventory and accounting to creditors and heirs to show how assets will be distributed. Finally, the executor will file a final report with the McHenry County probate court to demonstrate that his or her responsibilities have been properly discharged.
McHenry County probate lawyer Kevin O'Flaherty explains the difference between indpenendent administration and supervised administration of McHenry County probate estates.
In this article, our McHenry County probate lawyers explain the difference between independent administration and supervised administration of McHenry County probate estates. Indpendently administered estates allow the executor or administrator to make most decisions and distribute most assets without the need for court approval.
Supervised administration will be required if it is either ordered by the court or requested by an heir or creditor. If an estate is supervised by the court, court approval will be required for many of the executor or administrator's decisions, and certain additional reports will be required to be filed with the court.
