When People Die -- Decedents' Estates -- Administration and Contests

When someone dies, the family or named executor often does not know what to do first. Depending on the circumstances, one of several procedures may be necessary.

If the estate does not contain real estate and totals less than the threshold required for Probate ($100,000.00 in 2007), we can usually prepare a Small Estate Affidavit that will make Probate proceedings unnecessary. In most cases, if the estate has any real estate or has more personal property than that amount, Probate is necessary, even where there is a will. In fact, a will has no legal effect until it is approved by the Probate Court ("admitted to Probate"). It is our job to guide you through the Probate process. That process can be relatively simple or very complicated, depending on the size and nature of the assets to be administered, the number of parties involved, and the issues which may arise. We bill for Probate on an hourly basis, not based on a percentage of the estate, and we do our best to keep our time as low as possible. We also take some of the burden of Probate administration off your shoulders by taking care of it ourselves.

In addition to the Probate process itself, the representative must take care of taxes. We oversee the preparation and filing of income tax returns for the decedent and the estate (which is itself a separate taxpayer). By careful planning, we can often save tax dollars for those who receive money and property from the estate. If the estate is greater than the Federal Estate Tax exemption ($2,000,000.00 in 2007), Federal and Illinois Estate Tax returns must be filed and approved, whether or not Probate is necessary.

Despite even the best planning, families often fight when someone dies. Probate and related proceedings often end up in disputes, including contests of wills and trusts, construction (interpretation) of wills and trusts, disputed joint tenancies, claims against estates for debts of or for services rendered to the decedent, division of personal property, proceedings by estates to retrieve assets from individuals who received them improperly, and other areas too numerous to list. We do not look for contests, but they often arise. We try to settle those contests to our clients' satisfaction, but we will fight if necessary. Not all Probate attorneys handle contested proceedings. We do, and because of our expertise, we often receive referrals from other attorneys.

When People Become Incompetent -- Disabled Persons' Estates

As people live longer, more and more estates must be opened for individuals who become incompetent, referred to legally as "mentally disabled." Those Probate proceedings are usually more complicated and require greater formalities than decedents' estates. We help our clients to be appointed as guardians. As in decedents' estates, we guide our clients through the procedures and requirements of the Court and assist them in dealing with other parties involved in the process. All fees in disabled estates must be approved by the Court. We have been told on many occasions that the total fees we sought were most reasonable.

When Children Receive Money or Property-- Minors' Estates

Until minors reach their majority (18), they cannot own more than a small amount of money or property in their own names. When that amount is exceeded, it is necessary to open a minor's estate in Probate. We can assist in administration of estates for minors.

121 S Wilke Rd Ste 407
Arlington Heights, IL 60005
Phone: 847-577-0030
Fax: 847-577-0854
Email: c.lind@lindlaw.com
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