Probate Law

Probate Law

How to Find the Right Probate Attorney for Your Case

by admin3 Min Reading

Probate Attorney

When a loved one passes away, the family may have questions regarding their property. A Chicago IL Probate Attorney will help them understand the process of distributing their assets to beneficiaries. This is usually a lengthy, complex task. The best probate attorneys are experienced and will be able to assist in a timely manner. They will also have a deep understanding of estate planning. This includes creating documents such as durable power of attorney for health care and finances. These documents will allow a person to name someone they trust to make medical and financial decisions on their behalf in the event of incapacitation or death. They will also create a will that specifies the distribution of their assets.

In addition, the best probate lawyers will have experience with contested estates. This can include disputes over the validity of a will or trust, or a dispute over a conservatorship arrangement for a child or incapacitated adult. These legal disputes can have profound consequences for the family and beneficiaries, so it is important to find a lawyer who has experience with them.

Finding a Chicago probate attorney is easy enough, but it takes some time and research. You can start by asking family and friends for recommendations, then searching Google reviews. Once you have a list of potential candidates, do some more research on each lawyer to see which ones would be a good fit for your needs. The more experience a probate lawyer has, the more they are likely to cost. However, you should also consider whether the quality of their work matches the amount they charge.

A probate lawyer’s responsibilities vary from case to case. They may need to validate a will (if there is one), appoint an executor, catalog all known probate assets, pay final taxes and debts, and finally distribute inheritances. This can be complicated, especially if the deceased did not leave a will or their will is disputed by members of the family.

Probate law firms will often offer free consultations, which allows you to talk to an attorney about your situation. During this visit, you can discuss the details of your case and get a general idea of how much the process will cost. This is a great way to see if you like the lawyer and if they are a good fit for your family.

During this consultation, you should also ask the probate attorney about their education and background. In most cases, you will want to hire a lawyer who has completed a bachelor’s degree program. This means that they have studied topics such as pre-law, psychology, sociology or political science. In addition, you will want to ensure that the probate attorney is licensed in your state. Finally, it is a good idea to check with your state bar association for information on any disciplinary actions against the attorney. This can give you peace of mind knowing that your case is in good hands.

Probate Law

Guide in Filing a Petition for Guardianship, Probate of Wills

by admin3 Min Reading

It is the duty of the judge assigned to the case to make a guardianship order, said a guardianship and probate attorney serving in Miami, Florida. The term guardianship refers to the legal recognition that a child has someone who is designated as having care and control over the child. In some cases, this care may be extended to include any person who has a similar relationship with the child, for example, his or her partner, parents, wife, or any other close relative. Generally speaking, the word ‘guardianship’ refers to the authority of a parent to provide for the welfare and education of his or her child or children. This includes making decisions about schooling, health care, housing and other important issues.

 

Usually, a petition for guardianship is initiated by one or more persons who believe that they are properly caring for the individual. A probate court will hear the case if a request for guardianship has been made. If the petition is granted by the probate court, then a formal appointment of guardians will be made. This appointment will be made by the probate court with the help of an attorney.

 

It is important to note that there are instances where a guardianship application may be denied. For instance, when the case has been brought forth by someone who is mentally impaired or incapacitated. The probate court cannot protect the individual’s rights unless he or she can understand the importance of the decision. Also, if the individual cannot handle money, or is not interested in handling it, the case will most likely be denied as well. It is also possible that the court may consider a minor’s guardianship as opposed to that of a disabled adult or someone over 18 years old, or someone suffering from serious psychological problems.

 

Once the matter has been formally started, the process moves to the probate court. In that court, the court will appoint a guardian for the child or children involved. The court will also determine the type of guardianship, i.e., legal guardianship, conservatorship, or joint guardianship. The court will also issue some rules regarding the administration of guardianship proceedings and will determine how the fees will be shared.

 

If the child has substantial impairment or disability, the court may order that the person’s earnings and assets are sold. The proceeds may then be divided between the minor and his or her parents or other relatives. In addition, the court may appoint a tutor for the child. This person will serve as an advisor to the parents and should be able to assist them in making decisions for the benefit of their child.

If the court decides on a guardianship for the child, the court will provide a durable power of attorney for the parties. This will allow one person to make all decisions on behalf of the child. However, the person will not be considered the child’s legal or custodial guardian, nor will he or she have the authority to make decisions on behalf of the child. Instead, the person who has been appointed as the child’s legal or custodial guardian will have this responsibility.