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Probate Attorney Palatine IL

Our dedicated probate lawyers in Palatine IL provide compassionate guidance and effective solutions for handling the probate process. Ensure your peace of mind and protect your family's inheritance. Get the right probate attorney.
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Smiling womanAttorney Kevin O'Flaherty

"Kevin was extremely professional, responsive and knowledgeable when I came to him for help. I would definitely recommend O'Flaherty Law!"

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We believe your attorney should not speak in legalese

Finding an attorney who 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.

We believe 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.

Learn how we service your area through our Remote Location Approach.

We believe 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, the 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 of 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.

Client Testimonials

Christi M.

Kevin's firm handled setting up my will and trust recently. They took something that seemed intimidating and made it easy to understand. I've also referred a couple clients to Kevin - he's trustworthy, approachable and very fairly priced.


"I've used Kevin and his firm's services since 2011. He gave undivided attention to my cases, advised me on different options and..."

Rachel B.

"Kevin was extremely professional, responsive and knowledgeable when I came to him for help. I would definitely recommend O'Flaherty Law!"

About Probate Attorney Palatine IL:

Understanding Probate

Probate is the legal process by which a deceased person's will is validated, debts are paid, and assets are distributed under court supervision. This procedure is crucial for ensuring the orderly transfer of assets and can sometimes become a complex and lengthy process.

Key Aspects of Probate:

  • Validation of the Will: Ensuring the will is legally valid and reflects the decedent’s wishes.
  • Asset Collection: Gathering all assets of the estate.
  • Debt Settlement: Paying off any debts owed by the estate.
  • Distribution of Assets: Allocating assets to beneficiaries as per the will or state law if no will exists.

The Role of a Probate Lawyer

A probate lawyer in Palatine plays a critical role in simplifying and expediting the probate process. Our probate law lawyers assist in all stages, from filing the necessary documents to representing your interests in probate litigation if disputes arise.

Services Provided by Our Probate Lawyers:

  • Preparing and filing all probate court documents
  • Assisting in the collection and valuation of assets
  • Managing communications with beneficiaries and resolving disputes
  • Advising on potential tax implications and legal obligations

The Benefits of a Revocable Living Trust

To illustrate the effectiveness of estate planning tools, consider the case of Michael, a long-time Palatine resident. Michael set up a Revocable Living Trust, which included all his major assets—his home, car, and investment portfolio. By doing so, Michael ensured that upon his passing, his estate would bypass the lengthy and costly probate process.

Anecdotal Story: Michael was involved in a severe accident, rendering him incapacitated. Fortunately, his successor trustee, whom he had wisely appointed, took over the management of his assets smoothly. This quick transition allowed Michael’s financial obligations to be met without delay, and his medical bills were promptly handled, showcasing the trust’s effectiveness in avoiding probate and providing for incapacity.

Avoiding Probate with Proper Planning

While probate can be an essential process, many seek to avoid its potential delays and expenses through effective estate planning. Here are strategies to consider:

  • Establish a Revocable Living Trust: Like Michael, setting up a trust can prevent assets from going through probate, saving time and reducing costs.
  • Designate Beneficiaries: Ensure all your accounts, especially retirement and insurance, have up-to-date beneficiaries.
  • Joint Ownership: Holding property jointly can allow for the direct transfer of assets to the surviving owner, circumventing the probate process.

When Probate Litigation Becomes Necessary

Despite best efforts, disputes sometimes arise, necessitating probate litigation. Our probate litigation lawyers are prepared to handle contestations of the will, disputes among beneficiaries, or issues with the executor.

Common Probate Disputes:

  • Contesting the validity of a will
  • Disagreements over the interpretation of testamentary instructions
  • Conflicts between beneficiaries and executors or trustee

The probate process in Palatine, IL, can be daunting, but with the right guidance, it can be managed effectively. Our probate attorneys are here to provide the necessary support and legal acumen to navigate probate and estate administration efficiently. Whether through drafting accurate legal documents or representing you in probate court, our team is dedicated to ensuring your estate is handled according to your wishes, protecting your legacy and your loved ones' future.

Directions To Our Palatine Office:

From Schaumburg:

  1. Head north on Meacham Rd toward Higgins Rd.
  2. Turn right onto Algonquin Rd.
  3. Continue straight to stay on Algonquin Rd.
  4. Turn left onto Roselle Rd.
  5. Turn right onto Colonial Parkway and continue to the destination.

From Palatine:

  1. Take N Hicks Rd north towards Dundee Rd.
  2. Turn right onto Dundee Rd.
  3. Turn left onto Roselle Rd.
  4. Turn left onto Colonial Parkway and proceed to the destination.

From Barrington:

  1. Head southeast on S Hough St toward E Main St.
  2. Turn left onto E Dundee Rd.
  3. Turn right onto Ela Rd.
  4. Turn left onto Algonquin Rd.
  5. Turn right onto Roselle Rd, then left onto Colonial Parkway to reach the destination.
Expertise Best Child Support Lawyers in Chicago 201710 Best 2016 Client Satisfaction American Institute of Family Law AttorneysAvvo Clients' Choice 2016 DivorceRising Stars Kevin P. O'Flaherty SuperLawyers.com10 Best Law Firms 2018 Client Satisfaction American Institute of Family Legal Counsel Attorneys Estate Planning Law40 under forty

What to Expect From a Legal Consultation

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.

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Office Address

1625 Colonial Parkway Unit K, Inverness, IL 60067

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Hours of Operation

9:00am - 6:00pm
9:00am - 6:00pm
9:00am - 6:00pm
9:00am - 6:00pm
9:00am - 6:00pm


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

Check Out Articles and Videos from our Probate Attorney Palatine IL

When Is Probate Necessary in Illinois?

The necessity for probate in Illinois primarily depends on two factors: the overall value of probate assets and how they were titled by the deceased individual. If an estate exceeds $100,000 in total worth (including any items specifically bequeathed through a will or distributed under intestacy laws), then probate proceedings are typically required. If real estate is part of those assets – unless ownership was structured via joint tenancy arrangements like tenancy by entirety or living/successor beneficiary trusts – then it must go through formal succession procedures.

Read more about When Is Probate Necessary in Illinois?

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Can You Avoid Probate By Having a Will in Illinois?

Probate is not always bad, but in a lot of situations, it makes sense to avoid it if possible.  In a probate case, the executor must give notice to creditors and heirs.  Creditors then have 6 months to file claims with the executor and/or the court.  Other interested parties will also have the chance to oversee and challenge the executor’s actions.  To this end, the executor must prepare reports for creditors and heirs showing which assets were collected and how they will be distributed.    

Read more about Can You Avoid Probate By Having a Will in Illinois?

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