When a loved one has passed, a family is not only confronted with grief from the loss, but also the stress of wrapping up that individual’s affairs. With proper planning, this can be a smooth transition. But in either case, it is advisable to consult an attorney immediately.
At The Law Office of Nicole M. Soltanzadeh, we work with families and friends of loved ones through this process. Whether it’s representing clients in probate court or guiding representatives outside the court process, we can help ensure that the process flows smoothly and in a manner that best honors the wishes of those who have passed.
When working with families, we begin with a meeting to determine a client's most pressing needs. We gather information from clients at this early stage and evaluate that information in light of our clients' goals to develop a strategy to efficiently administer the estate of their loved ones.
Sometimes clients want to take the reigns when it comes to trust and estate administration, and other times clients prefer we take the reigns instead. In either case, we lay out the responsibilities involved in administration and tailor our representation to our clients' desires.
Administering an estate comes with many duties and responsibilities. We work with clients to ensure that proper notices get sent, tax filings are submitted, and distributions are made in conformance with the law and in alignment with a decedent's wishes.
Probate is the judicial process through which a loved one's estate is formally administered. If a will was created, it is the legal process through which a will is evaluated for its validity and an executor is appointed to be in charge of administering an estate. If no will was created, it is the judicial process invoked to administer an estate without a will.
Probate is typically required when the assets that are in the name of someone who has died exceed $100,000 in total value. It is also typically required when the assets of a person who died pass under the provisions of a will rather than to the next of kin.
While the ultimate answer to this question often hinges on a few factors (such as whether the real estate is the subject of a gift in the will, whether a client wants to sell the real estate, and whether there are sufficient assets in the estate to pay off all liabilities), primarily surviving loved ones will need to take some immediate steps to secure the real estate. This includes changing locks, securing personal property, and maintaining real-estate-related obligations. Such obligations include paying all outstanding real estate taxes owed, paying the mortgage, and paying the homeowners' insurance premium. If the real estate is a part of an association, this also requires reaching out to the association to pay any unpaid assessments. Because the failure to act in these instances can have negative consequences ranging from late fees to theft to foreclosure, this is a special asset cl
When someone dies without a will, after expenses and creditors are paid, their assets pass according to Illinois law. If they were married and had children, their assets get divided evenly among their spouse and children. If they died without children or a spouse, their assets get divided among their siblings and parents. Typically a family member will need to hire an attorney to administer their loved one's estate and determine the best strategy for doing so.
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