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Navigating the estate of a loved one who has passed away can be overwhelming. Families may not be aware of the many legal responsibilities that come with this including the management of financial accounts, outstanding debts and the distribution of property to beneficiaries.
The Oak Park probate attorneys at O’Flaherty Law provide practical legal solutions and clear guidance to help individuals and families navigate the Illinois probate process. If you are named executor of a will, require help with the administration of an estate, or are involved in a dispute over an inheritance, our attorneys can help you understand your responsibilities and legal options.
We serve families throughout Oak Park, River Forest, Forest Park and surrounding Cook County communities, helping to make a difficult process more manageable during an already difficult time.
Probate is a legal process that involves the administration of the assets and liabilities of a deceased person. When probate is required, the court supervises the administration of the estate to ensure that applicable debts and expenses are paid and remaining assets are distributed properly.
If the deceased left behind a valid will, the estate is generally administered in accordance with its instructions. Illinois intestacy laws describe who gets the property if there is no will.
Not every estate has to go through formal probate. Certain assets can pass directly to beneficiaries via trusts, joint ownership, or beneficiary designations.
Our Oak Park probate attorneys assist families in determining whether probate is necessary and how to settle an estate.
Every estate presents different challenges, depending on its size, assets, debts, and family circumstances. Our probate attorneys assist executors, administrators, heirs, and beneficiaries with a variety of legal matters.
Our Oak Park probate services include:
Our goal is to help clients fulfill their responsibilities while minimizing unnecessary complications and delays.
Being named executor of an estate is a big responsibility, and it also means taking on legal and financial duties that may be unfamiliar.
The executor may need to find the deceased person’s will, identify estate assets, notify beneficiaries and creditors, pay legitimate debts and distribute remaining property.
In many instances, the executor will need to file paperwork with the probate court and provide an accounting of how the estate assets were handled.
Errors in the administration of an estate can cause delays, disputes, or even potential personal liability.
Our Oak Park probate lawyers help executors understand their duties, prepare required paperwork and navigate the legal requirements for administering an estate in Illinois.
Many families are surprised to learn that not every estate requires formal probate proceedings.
Depending on the circumstances, certain assets may be exempt from probate by means of living trusts, payable-on-death designations, jointly owned property or other arrangements.
Illinois also permits qualifying estates to utilize a small estate affidavit, which can simplify the process of collecting and distributing assets, without opening a formal probate case.
Eligibility, however, depends on the estate’s assets, ownership arrangements, and other legal requirements.
Our probate attorneys can look at your situation and help determine if there is a more streamlined way to administer your estate.
Unfortunately, sometimes there are disagreements after a family member dies.
Disputes over the validity of a will, concerns about an executor's actions, or questions about inherited property can create tension between family members.
Common probate disputes may include allegations of undue influence, mental capacity issues, disagreements over the accounting of the estate, or concerns about improper distributions of assets.
Our Oak Park probate litigation attorneys assist clients in assessing their legal rights and seeking appropriate resolutions through negotiation or litigation, as necessary.
The length of probate depends on a number of factors including the complexity of the estate, outstanding creditor claims and whether disputes arise.
Uncontested estates may be settled within a year or so, but contested estates or estates involving complex assets can take much longer.
Our lawyers can help families understand the process they should expect, meet the deadlines that apply to them, and handle issues that may hold up estate administration.
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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.
Schedule a ConsultationLearn More About The FirmAt O’Flaherty Law, we believe every case tells a story. This is the story of how we helped “Martha,” a retired teacher, through one of the most difficult times of her life: a contested probate proceeding after her brother’s passing.
Martha never expected to be in a courtroom after her brother’s death, especially not fighting over a will she thought didn’t reflect his wishes. But when a last-minute will surfaced excluding long-time family members for one niece who had taken over his care in the last months of his life, Martha knew something wasn’t right.
What followed was a journey through probate court—one that required not only legal guidance but emotional support, strategic thinking, and persistence. This case shows how we work with our clients to make sure their voices are heard, their loved ones’ wishes are honored, and justice is pursued through proper estate administration.
Martha came to us just a few weeks after her brother’s funeral. She was grieving, overwhelmed, and unsure of what to do. Her brother had always been transparent about his estate plans. He had shown her an original will several years ago that divided his estate equally among siblings and several nieces and nephews.
But shortly after his passing, another family member—his niece and recent caregiver—filed a different will with the probate court. This new will excluded nearly every previous beneficiary and leave the bulk of the estate to her.
The change in beneficiaries was a shock to Martha and others close to her brother. Adding to their concern was the fact that the new will was drafted and signed just a few months before his death, when his cognitive health was already in decline. Martha’s goal wasn’t to create family conflict but to make sure the court honored the will her brother had thoughtfully prepared when he was of sound mind.
From the moment we spoke with Martha, we knew this case would be both legally and factually complex. Our first task was to get the full history of the estate planning documents. We collected and reviewed both wills, comparing the beneficiaries, witnesses to each document, and the circumstances under which each will was executed.
It quickly became clear that timing would be key to the case. The new will was created just weeks after Martha’s brother was hospitalized for a series of strokes, raising red flags about his mental capacity. We got his medical records and consulted with a geriatric specialist to see if cognitive impairment may have affected his ability to understand the will he signed.
In addition to the medical questions, we investigated the surrounding circumstances. The niece who filed the new will had taken control of the brother’s financial affairs near the end of his life. While this could have been innocent, it also raised the possibility of undue influence. We interviewed other family members, neighbors, and even his long-time accountant to get a picture of his state of mind and intentions.
Once we had our evidence, we filed an objection to the new will with the probate court. We asked the court to pause the estate distribution and allow time for further inquiry. We also asked to have the earlier will entered into the record and admitted as the controlling document. Throughout this process, we communicated directly with opposing counsel, presented our findings in pre-trial hearings, and worked to mediate the matter with all interested parties.
While tensions ran high—especially among family members—we remained committed to keeping the process as peaceful and respectful as possible. Probate litigation can be emotional, and we made sure Martha was informed, supported, and empowered every step of the way.
After nearly 8 months of contested probate proceedings, we got a result that restored what Martha and others believed to be her brother’s true intent. The court found sufficient evidence that the new will was executed under questionable circumstances and admitted the earlier will as the valid testamentary document.
The estate was then administered according to that original will, which provided for Martha and her siblings as well as other relatives and charitable causes her brother had always supported.
This was not just a legal win—it was a personal one. Martha felt her brother’s voice was heard in the process. The result also set a tone within the family, encouraging reconciliation and avoiding further litigation.
This was more than documents and deadlines. It was about dignity, memory, and honoring a loved one’s voice. It shows probate litigation is not just about distributing assets but making sure the process is fair, legal, and in line with what the decedent intended.
Our commitment to Martha—and every client—is to offer more than just legal representation. We aim to provide peace of mind during a time that is often chaotic and uncertain. We do this through consistent communication, a deep understanding of the law, and strategic advocacy that meets each client where they are.
If you’re going through probate and think something doesn’t feel right—whether it’s an unexpected will, unusual behavior by an executor, or unanswered questions about your loved one’s estate—you don’t have to face it alone. O’Flaherty Law can guide you, answer your questions, and advocate for what’s fair and legal.
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!
Not every estate needs to go through the lengthy probate process. This article explores alternatives to probate in Illinois, including small estate affidavits, summary administration, and bonds in lieu of probate. Learn how these options may help families save time, reduce legal expenses, and simplify the distribution of a loved one's assets.
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