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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..."
"Kevin was extremely professional, responsive and knowledgeable when I came to him for help. I would definitely recommend O'Flaherty Law!"
Choosing the right law firm can change everything. At O’Flaherty Law, we pride ourselves on transparency, responsiveness, and personalized care. See how we compare to the industry standard.
We Are Cost-Effective! We are proud to offer superior representation, communication and customer service. Let us be your trusted advocates to guide you through your estate planning needs.We Know Our Stuff! Our Schaumburg probate lawyer’s dedication and hard work have earned a reputation for excellent service.
We Are Comprehensive! Probate cases can often require experience from other areas of including as business, real estate and family law. Our Illinois probate & estate administration attorneys have experience in nearly every area of law and will work together to ensure all areas of your case are given the attention they need. No matter what your situation, you will have dedicated and attentive representation for your matter.
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Learn how we service your area with our Remote Location Approach.
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 Firm1251 Plum Grove Rd Ste. 130-M
Schaumburg, IL 60173
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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!
In this article, we explain when a probate matter must be entered to administer the estate of a decedent and how probate matters can be avoided.
Probate matters are a type of legal matter that administer a deceased individual’s (“decedent”) estate. A common misunderstanding about probate is that it is only required when the decedent has a will at the time of their death. Though, whether or not a probate matter is required depends on the type(s) of assets the decedent left behind.
Schaumburg probate matters are court cases that probate courts ensure proper payments are made to heirs and creditors after someone passes away. If a probate matter is required, an attorney must take the proper steps to administer the estate. If there was a will left in place the probate process is slightly different than a probate matter without one.
To open a probate estate, the executor's attorney must file several documents to the probate court:
Read more about the Schaumburg probate process from our Schaumburg probate attorneys.
Probate is bad for three reasons:
A common misconception is that a will allows your estate to avoid probate. Wills can ensure assets are distributed appropriately in a probate case, but an estate must enter probate with or without a will. A better option for individuals who own real estate or have a savings account is to use a revocable living trust either in place of or in conjunction with a will.
Probate can be avoided by utilizing a revocable living trust and transferring your real estate and savings accounts into it during your lifetime. A revocable living trust can own property and provides the creator complete control over the property owned by the trust during his or her lifetime, and specifies how the trust assets will be disbursed after the creator’s death.
Read more about avoiding probate in Schaumburg by our Schaumburg probate attorneys.
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