Why Would You Need a Probate Attorney?
When a loved one passes away, their estate often needs to go through probate. This is the legal process of distributing assets and settling debts.
You might wonder why you would need a lawyer for probate. Understanding when to hire an attorney can save you time, money, and stress during this difficult period.
Continue reading to learn about the benefits of hiring a skilled probate lawyer in Chicago.
What Is Probate?
Probate is the court-supervised process of reviewing a deceased person’s will. It involves paying debts, transferring assets to heirs, distributing property, etc. In Cook County and surrounding areas, this process follows specific Illinois state laws and local court rules.
Can You Handle Probate Without a Lawyer?
Illinois probate law doesn’t require you to use a lawyer. Additionally, probate is only necessary if:
- An estate is worth $100,000 or more in value
- An estate includes real estate where ownership doesn’t automatically transfer on death
- There is no will but there are assets that need to be transferred
- A beneficiary is contesting the distribution of assets
When Do You Need a Probate Lawyer?
Trying to handle the probate process on your own can be risky. Think of probate like sailing a ship— you could try to do it alone, but having an experienced captain makes the journey much safer and smoother.
Below are examples of situations where working with a probate attorney could prove vital when settling an estate:
- Complex Estates: A complicated estate may include multiple properties, large debts, or a business left behind by the deceased. In such cases, it’s beneficial to seek professional legal guidance.
- Family Conflicts: When family members disagree about asset distribution or contest the will, a probate attorney helps manage disputes and protects everyone’s rights.
- Debt Concerns: If the estate doesn’t have enough assets to cover existing debts, it’s important to get legal advice before paying any claims.
Benefits of Hiring a Probate Attorney
Working with a probate lawyer offers several key advantages:
- Time-Saving Expertise: Your attorney handles complex paperwork and court requirements, letting you focus on your family during this difficult time.
- Error Prevention: Simple mistakes in probate can lead to costly delays or legal problems. A probate lawyer ensures everything is done right the first time and follows all legal requirements.
- Debt Management: Attorneys help negotiate with creditors and ensure the estate pays all valid claims. They also ensure debts are paid in the proper order according to the law, as certain creditors have priority.
- Asset Protection: Your lawyer safeguards the estate’s assets throughout the probate process, managing everything from real estate transactions to investment accounts.
- Taxes: There are state and federal estate tax laws that might affect inheritance. A probate lawyer ensures proper tax handling and helps minimize tax burdens when possible.
Cost Considerations
Many people try to avoid hiring a probate lawyer to save money. However, handling probate without proper legal guidance can lead to expensive mistakes.
Our law firm offers clear fee structures based on your individual case. We take into account factors like the estate’s complexity and size. Contact us today to schedule a consultation if you need help handling probate in Illinois.
The Probate Process With Professional Help
When you work with a probate lawyer, they guide you through each step of the process. It begins with a consultation, where your lawyer reviews the estate’s details and explains what to expect in court.
Next, they handle all legal paperwork, ensuring everything meets the necessary requirements. As the process continues, your lawyer helps identify and secure all estate assets, from properties to bank accounts and investments.
Finally, they manage debts and oversee the asset distribution process, ensuring beneficiaries receive their inheritance while following all legal requirements.
Choosing the Right Probate Attorney
Looking for a probate lawyer who knows Chicago’s legal landscape and has experience with cases similar to yours? The right lawyer will make you feel comfortable asking questions and confident in their ability to handle your case.
Contact Metz & Jones LLC
At Metz & Jones LLC, we offer over 40 years of experience helping clients throughout Chicago. As an LGBTQ+ law firm, we understand the unique challenges many families face during probate and provide inclusive, understanding representation.
Our experienced probate and estate planning attorneys can help you:
- Navigate Cook County’s probate court system with confidence
- Protect your family’s interests throughout the process
- Handle complex estate matters efficiently
- Resolve family disputes with sensitivity
Contact us now for a consultation to learn how we can help you through this challenging time.
