Skilled Attorneys for the Probate and Estate Administration Process

Do you have questions about probate law in Illinois? Johnson, Johnson, & Nolan, Attorneys at Law, frequently assist local and out-of-state clients with probate needs in and around St. Clair County. We have been handling estate administration for four generations. With law offices in Belleville, Johnson, Johnson, & Nolan, Attorneys at Law, is your local resource for all probate law matters, with experienced Illinois probate attorneys ready to assist.

What Is Probate?

Probate is the process of paying the bills and distributing the assets of an estate after death. Probating an estate involves managing thousands of details, both legal and nonlegal. Our probate attorneys represent executors, family members, and heirs who may be unfamiliar with the probate and estate tax administration process. With more than 35 years of experience in Illinois probate court, our attorneys are prepared to handle the many issues that can arise during probate, including the valuation of family farms and the tax implications of transactions.

Do You Live out of State? We Can Help.

Probate can be time-consuming, especially if you live out of state. Johnson, Johnson, & Nolan, Attorneys at Law, can help you avoid multiple trips to Illinois. Our Illinios probate attorney services can handle the sale of the family home, disposition of assets, closing of estates, and court appearances. Your travel can be lessened to one trip to sign documents and open the estate.

Probate Litigation and Will Contests

A number of problems can arise — or become apparent — at the time a will is probated. Was a will changed to become more favorable to one heir because of undue influence? Was the deceased the victim of financial abuse by a caregiver? Did the deceased write or change a will when he or she was no longer mentally competent? Were some heirs forgotten in the will who now want to bring a claim?

Trusts pose another set of problems that may require trust litigation. Were funds in the trust mismanaged, causing financial losses? Is there a problem with the named trustees? Did the trust specify trustees who are no longer alive?

The probate litigation attorneys at Johnson, Johnson, & Nolan, Attorneys at Law, represent heirs and beneficiaries, executors and trustees who want to bring or to defend against trust litigation or contested wills or guardianships. Our years of experience and thorough knowledge of estate and probate litigation work to your advantage in court.

Top 5 Things to Do Immediately After a Loved One

After a loved one passes, there are some actions you must take that can make the legal and administrative part of dealing with death and the deceased’s assets more straightforward.

1. Find the Will and Other Estate Planning Documents

When someone dies, the first step in managing their estate is to find the will and any other estate planning documents, such as trust documents. The deceased’s will should name a person to serve as the estate’s executor and may appoint a guardian for minor children. If there’s no safe on the property where the will might be stored, you can check with the lawyer or law firm the deceased worked with, if you know who that is. The county clerk may have a copy of the will. If there is no will, Illinois’s intestate laws will determine how the deceased’s assets are distributed.

2. Determine Whether Probate Is Required

Once the will has been found, your next step will be to determine whether probate is required. Illinois law allows estates valued at $150,000 or less to pass by affidavit rather than through the probate court. To qualify as a “small estate” under 755 ILCS 5/25-1, the estate cannot include real estate.

Another situation in which probate may not be required is if the deceased’s assets were held entirely in trust, or if there was a pour-over will that directs any property left outside the trust at death to be transferred into the trust.

If you’re unsure whether either of these circumstances applies or whether the deceased’s estate will need to go through probate, contact an attorney at a Belleville, Illinois law firm for help.

3. Obtain Multiple Certified Copies of the Death Certificate

You’ll need multiple certified copies of the death certificate to send to various institutions so they can close accounts and transfer assets. To get certified copies of a death certificate in Belleville, Illinois, you can go to the St. Clair County Clerk’s Office at 10 Public Square, Belleville. The first certified copy costs $20.00, and subsequent copies are $12.00 each. You can also order copies online through an authorized service like VitalChek.

4. Secure Property, Mail, and Important Records

Find all title documents for real and personal property. Search for all financial documents, including any mortgage documentation, loan statements, credit card records, bank account statements, digital records, and tax documentation. You’ll need account information so you can terminate gas, electric, water, trash service, phone, cable, auto insurance, and all other services.

Obtain all incoming mail and review it for information on payments due and other deadlines. By keeping track of the mail and all the financial documentation, you can help prevent theft, loss, and missed deadlines.

While you’re searching for all the financial information, also keep track of all the other accounts you come across so you can close those as well. These include services like Amazon, magazine subscriptions, digital subscriptions, and other personal services, such as housekeeping, gym memberships, or massage packages.

5. Notify the Right Agencies and Institutions Promptly

One of the most significant obligations you have is to notify all the right institutions. Contact Social Security to notify them of the death, terminate the deceased’s payments, and inquire about survivor benefits. Notify the Secretary of State about the death to learn how to change any vehicle titles. Contact financial institutions and life insurance carriers. If you don’t notify Social Security right away, they could overpay, triggering an overpayment clawback or other complications.

All these steps can be overwhelming when you’re already dealing with grief. Rather than trying to figure out all these steps on your own, you can engage an estate planning lawyer from a Belleville law firm to handle everything for you.

Contact Our Law Offices to Learn More

Contact our firm online or by telephone at 618-277-3600 to speak with an experienced probate and estate administration attorney.