Geneva Probate Attorneys
Probate Lawyers Serving Kane and DuPage Counties
When a person dies in Illinois and does not have an estate plan, which may be made up of a will and trusts, the deceased estate must often go through the probate process in order for beneficiaries to receive their inheritance or other sentimental items bequeathed to them. An executor, also known as a personal representative, handles probate on behalf of the estate. If you have been named the executor of a loved one’s estate, there are numerous responsibilities on your shoulders. These responsibilities can be complex and time-consuming. The assistance of an experienced probate attorney is essential and will relieve much of the burden and stress of the probate process.
At Banahan & Haas, we are skilled at handling probate estates of all shapes and sizes. Whether you need general guidance in executing your duties or would like our attorneys to handle the probate process for you, we can provide the assistance you need. Our firm will ensure the probate process is managed properly and efficiently.
Compassionate and Competent Probate Attorneys in Kane County and DuPage County
Dealing with the loss of a loved one carries many emotional challenges, and many people do not want to have to deal with the legal and logistical challenges that come with having an estate in probate during an emotional time. Executors are tasked with a number of duties, including:
- Filing the will with the appropriate court within 30 days of death;
- Preparing and filing the necessary forms to open the probate estate;
- Preparing the required inventory to be filed with court within 90 days;
- Locating and Secure all of the deceased’s assets;
- Compiling financial documents;
- Informing heirs and beneficiaries of their inheritance;
- Obtaining valuations on the estate’s assets;
- Settling the estate’s outstanding debts;
- Distributing the estate’s assets to the beneficiaries; and
- Preparing and filing tax returns for the estate.
While it seems as though the process is generally straightforward, there can be unexpected roadblocks in the process. For example, an heir or multiple heirs may contest the will. Contesting a will often means the heirs may believe it is not valid or that another version of it may better reflect the decedent's wishes. Contesting a will may cause the probate process to take longer, as those contesting the will may seek their own representation, which further distances the heirs from receiving their inheritance. An experienced attorney can guide you through the process, navigating a roadblock such as a contested will with ease.
The probate process can be overwhelming, particularly if it is your first time dealing with these matters as an executor. Our experienced attorneys can minimize the stress of the process and protect you from making unintended mistakes. Executors have a fiduciary duty to properly manage an estate and can be held personally liable if the process is not done correctly. Working with a skilled attorney minimizes such errors and significantly reduces the risks of liability.
If you have recently lost a loved one or friend and have been named the executor of the estate, contact us at 630-868-3910 in Wheaton, IL or 630-653-4300 in Geneva, IL to schedule a free 15 minute consultation to discuss how we can help you. We will answer your questions and give you an idea of what you can expect from the probate process. From our offices in Wheaton and Geneva, we serve clients throughout Northern Illinois including Kane and DuPage Counties.