Probate

It is essential that an estate planning attorney understand the Probate law and process in designing and administering trusts. After all, one of the main purposes of establishing a trust is to avoid probate. When Probate is required, our firm is knowledgeable and ready to represent.

Probate is a court-supervised process for distributing assets according to a person’s will or, if that person had no will, according to the priority rules established by state statute. During Probate, an executor or representative is named, assets are gathered, the debts of a deceased person are identified and paid, and the net estate assets are distributed to the proper beneficiaries.

We assist executors and representatives by providing valuable guidance during each phase of the probate process:

  • Review of the executed will
  • Identifying beneficiaries
  • Explanation of executor’s or representative’ s responsibilities
  • Gathering and valuing all assets of the estate
  • Estate tax analysis
  • Collection of death benefits
  • Coordination with trustees of the related trusts
  • Preparation of Probate Court documents
  • Representation in court

We invite you to contact us today to discuss your probate needs.

Robert J. Huguelet Jr., P.C. can help you create your comprehensive and personalized estate plan, providing you peace of mind that your wishes will be followed. We invite you to contact us today to begin planning for your future.

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Click Below to View Frequently Asked Questions

Many individuals are unsure what documents are needed when planning their estate. There are many options to consider when planning to pass their wealth to loved ones. For many in Illinois they have a specific goal of avoiding the expensive probate process when planning their estate.

In order to avoid probate, it is essential to use a revocable living trust as your primary estate planning document. It is important to note that even when planning with a revocable living trust, an Illinois estate plan must also contain a will.

Revocable living trusts are typically used by individuals who desire a more efficient transfer of property to loved ones. Revocable living trusts often contain:

  • Trustee instructions for your care during any period of disability
  • Instructions for distributing specific assets to designated individuals or charity upon your death
  • Creation of trusts for minor children, adult children, and surviving spouse
  • Tax planning for retirement assets, real estate and investment accounts

A particular kind of trust (commonly called a “Special Needs Trust”) may also be very useful in situations where an individual such as a child or grandchild has a disability. As long as specific provisions are drafted into the document, the assets transferred into the Special Needs Trust can be used to provide for the needs of your loved one while allowing them to maintain their governmental benefits, including Supplemental Security Income (SSI), Social Security and Medicaid.

Wills may also be useful to individuals who may not have a large estate but still want to make sure that their assets are distributed to loved ones the way they want. Parents may wish to use their Wills to select a guardian for their minor children as well.

A power of attorney is a legal document in which you grant someone else the authority to take actions on your behalf, such as signing your checks to pay your bills or selling a particular piece of real estate or even making healthcare decisions. Powers of attorney are a great way to make sure that your affairs will be properly taken care of no matter the circumstances.

A financial power of attorney is a legal document in which you grant another person the authority to act on your behalf if you are unable to manage your financial affairs. A power of attorney will have the ability to manage your checking account, pay your bills, manage your investment account and make your financial decisions.

A healthcare power of attorney is a legal document in which you grant another person the authority to act as your health care agent and make medical decisions on your behalf in the event you are unable to do so for yourself. Your agent is authorized to communicate with your doctors and makes medical decisions on your behalf.

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