Bensenville Probate Attorneys

DuPage County Estate Administration Lawyers for Probate Litigation and Contested Estates

During the estate planning process, a person will make decisions about how various issues will be handled after their death. Once a person has died, their loved ones will then need to make sure the decisions made in the person's estate plan are carried out correctly. Many of these matters will be addressed in probate court, and an executor or estate representative will need to make sure the proper procedures are followed as they oversee the deceased person's final affairs. To ensure that these matters will be handled correctly, family members can work with an attorney who is experienced in estate administration.

Hunt & Subach, Ltd. assists with a wide variety of issues related to estate planning and estate administration. Our lawyers help family members understand the steps they will need to take to carry out their loved one's wishes as efficiently as possible. We can also help address and resolve any issues that may arise during the probate process, including matters related to contested wills or estates. We work to ensure that our clients are fully prepared to manage all legal and financial issues related to a deceased person's estate while avoiding unnecessary expenses or any other issues that may delay the process of distributing a person's assets to their heirs.

Understanding the Probate Process

In their will, a person will name someone who will serve as the executor of their estate. The executor will be responsible for overseeing the administration of the person's final affairs, including addressing any outstanding debts or obligations and distributing all of the property and assets the person owed to the beneficiaries named in their will.

After a person's death, their executor will file their will in probate court and notify the person's heirs and creditors. They will then take an inventory of the estate and pay any applicable taxes or other debts that are owed. Once all outstanding issues have been resolved, the executor will distribute the person's assets to their heirs according to the instructions provided in the will.

The time needed to complete the probate process will depend on the extent and complexity of the person's assets. Certain types of assets may be passed to heirs without the need to go through the probate process. These include assets held in trusts, assets that were jointly owned with a spouse or other parties, payable on death accounts, and retirement accounts with named beneficiaries. For assets that are included in the probate process, the executor will need to provide a full accounting of the property owned by the deceased person and how these assets were distributed to beneficiaries.

In cases involving contested estates, a person's heirs or other interested parties may pursue probate litigation. These cases will usually involve challenges to the validity of a person's will. Parties may contest a will based on claims that the person did not have the mental capacity to understand the decisions made in their will, or they may believe that someone exerted undue influence on the person and caused them to make decisions that were contrary to what they actually wanted. Will contests may also be based on claims that a will was fraudulent or was signed or altered through forgery.

Contact Our Bensenville Estate Administration Attorneys

Our firm provides representation for executors during the probate process, ensuring that they meet all of their legal requirements and follow the correct procedures when managing a person's estate. We can also assist with probate litigation and help family members take action to make sure their loved one's wishes are followed correctly. Contact our office at 630-860-7800 to schedule a complimentary consultation. We assist with probate litigation and estate administration in DuPage County, Downers Grove, Kane County, Geneva, St. Charles, Naperville, Wheaton, and Bensenville.