When a loved one passes away, their estate must go through probate to ensure that all of the assets are distributed to their heirs in accordance with state law. This process can be complicated from a legal standpoint and emotionally challenging for family members. The best Chicago Probate Attorney in Illinois can guide beneficiaries and personal representatives through the process to avoid potential legal pitfalls.
Depending on the size of the estate, the complexity of the will and any legal disputes that may arise, probate can take anywhere from six months to two years. During this time, the personal representative (or executor) is in charge of accounting for all assets, paying taxes and approved debts and distributing the remaining property to the beneficiaries.
The most important factor to consider when selecting a probate attorney is their experience. The more experience a lawyer has, the better. However, be sure to balance that with affordability. Probate attorneys who have a good reputation and extensive experience will charge more, so be sure to shop around to find the best balance.
If you are a beneficiary with concerns about the terms of a will or are facing a dispute with creditors, it is also important to select a probate attorney who has experience in settling disputes and litigating cases involving these issues. In addition, the probate attorney should be knowledgeable about state laws governing inheritances.
Another great way to find a probate attorney is by asking for recommendations from people you trust. This can be family, friends, co-workers or other business associates. They will likely be able to give you insight into which attorneys have the best track record in handling probate matters and which ones are easy to work with.
Once you have a list of prospective probate lawyers, check out their website to see what types of services they provide. Many probate attorneys will have detailed information about their qualifications, experience and fees on their websites. If you have any questions, feel free to contact them directly and ask for more information.
One last thing to consider before hiring a probate attorney is whether or not they have malpractice insurance. This will protect you in case the attorney makes a mistake while handling your case. Unfortunately, malpractice claims against probate attorneys are quite common.
In addition to the aforementioned tips, it is a good idea to consult a trusted friend or relative who has gone through a similar situation in the past. They will be able to tell you which probate attorneys are the best, which ones to avoid and which ones are less than reputable. If you are unable to obtain any referrals, you can also look for probate attorneys by searching the internet or checking local newspapers for ads that appear near obituaries or notices to creditors.