Things can get confusing when a loved one dies. While dealing with grief, business matters have to be taken care of. The deceased’s estate must go through probate. Probate is the process of transferring the deceased’s assets to the heirs. There’s a lot of legal paperwork involved, so it’s best to hire probate lawyers in Chicago. If the deceased had a will, the document has to be validated. The lawyers must also take an inventory of the estate’s assets. The bills and expenses of the deceased’s last illness will be paid, and the remaining assets will be distributed among the heirs. A will can be contested by anyone with a legal interest in the estate. If there’s an objection to the will, the issue must be heard in court, and the probate judge decides the contest. If there’s no will, the court appoints an administrator to handle the estate. Usually, the spouse or a child will be the administrator. The property is distributed to heirs, as determined by state law.
Probate lawyers in Chicago deal with a lot more than estates. The probate court also has jurisdiction over adult and minor guardianships and conservatorships. A guardian is appointed for an adult when they are found to be legally incapacitated. They must be incapacitated to the point where they can no longer handle their own affairs. Guardians make decisions regarding the person of the ward, and conservators manage their assets. Lawyers are needed when objections are filed with the appointment of a guardian. Many times, the court will not appoint relatives to serve in these positions, but relatives can file an objection. Many probate courts appoint lawyers to serve as guardians and conservators. Minors need guardians when their parents are deceased. If the minor is removed from the home due to neglect, a temporary guardian must be appointed. The parents are entitled to object to the removal and the temporary guardian. A conservator is appointed if the minor receives a large amount of money. For example, the minor may receive a settlement from an automobile accident. The conservator must be bonded to protect the minor’s assets. Probate court has jurisdiction over many complex matters, so if you have a case in probate court, hire a competent lawyer to protect your rights.
Contact Starr, Bejgiert, Zink & Rowells today for more information.