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Evanston Probate Attorney

After the loss of a loved one, dealing with probate can be tough and emotional. Our Evanston law firm with probate attorneys will make the legal process as easy as possible and honor your loved one’s wishes.
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"Kevin was extremely professional, responsive and knowledgeable when I came to him for help. I would definitely recommend O'Flaherty Law!"

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We believe your attorney should not speak in legalese

Finding an attorney who is a “real person” can be difficult. Many attorneys surround themselves almost exclusively with other attorneys and are accustomed to speaking in ivory tower legalese.  You should be able to connect with your attorney on a personal level, and he or she should speak to you in plain language that you can understand.  You will be working very closely with this person on issues that are very important to you. It is important that he or she be down-to-earth and someone that you connect with.

We believe your attorney should be accessible

The most common complaint that clients have of their attorneys is that the attorney is unreachable, does not communicate with them regularly, or does not promptly return your calls.  Your attorney should reach out to you about your case regularly and respond within 24 hours to calls and e-mails.  An open line of communication between you and your attorney is essential to building trust.

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Your attorney’s goal should not be to win at all costs.  Rather, it should be to achieve a favorable outcome for you as efficiently as possible.  It is important that your attorney set realistic expectations at the outset as to the costs you should expect, the concerns that the attorney has about the outcome of your case, and the length of time that you should expect your case to take.

Regardless of the nature of your case, we have an experienced attorney who will focus on your individual needs. Our team of attorneys works closely together, bringing each of their different fields of experience to bear in order to optimize our client care.

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Christi M.

Kevin's firm handled setting up my will and trust recently. They took something that seemed intimidating and made it easy to understand. I've also referred a couple clients to Kevin - he's trustworthy, approachable and very fairly priced.

Marvin

"I've used Kevin and his firm's services since 2011. He gave undivided attention to my cases, advised me on different options and..."

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"Kevin was extremely professional, responsive and knowledgeable when I came to him for help. I would definitely recommend O'Flaherty Law!"

About Evanston Probate Attorney:

Probate for Evanston Families

Probate is the process of administering someone’s estate after they pass away. It’s messy and confusing. Knowing what probate is and how a probate attorney can help you through the process with legal services is key to peace of mind for those left behind.

What is Probate?

Probate is the legal process of managing and distributing a deceased person’s assets under court supervision. This process pays debts and transfers the remaining assets to the right people according to the decedent’s will or, if there is no will, state law. An Evanston probate lawyer or an IL probate attorney will walk you through each step and provide legal representation if issues arise.

Why Hire a Probate Lawyer?

Probate is tough enough when combined with the emotional pain of losing a loved one. A probate lawyer will take that off your plate by:

  • Helping Executors: Assisting the executor with their tasks, including filing paperwork, managing assets, and notifying beneficiaries.
  • Resolving Conflicts: Resolving disputes among heirs or between creditors and the estate.
  • Navigating Probate Court: Representing the estate in court to comply with Illinois probate laws.

Many probate lawyers offer a free consultation to make sure you feel supported and informed about your options.

A Real-Life Example: Probate Issues

Ellen, an Evanston resident, recently lost her father. She was the executor in his will but as she started handling the estate she realized it was more than she thought. Between managing property and debts and dealing with extended family questions the task quickly got too big for her.

Ellen hired an Evanston probate lawyer who handled estate planning cases. The lawyer worked with her, walked her through each step, and filed the paperwork for her. The lawyer also mediated between Ellen and family members to resolve conflicts and clarify asset distribution. Because of this support, Ellen was able to honor her father’s wishes without delay or stress.

Probate Process

Probate involves these steps managed by a law office:

  1. File the Will: The executor files the will with the local probate court to start the probate process.
  2. Executor Appointment: The court formally appoints the executor or personal representative.
  3. Notice to Interested Parties: Beneficiaries and creditors are notified of the probate.
  4. Asset List: The estate’s assets are listed and valued.
  5. Debt and Claims: Debts and claims against the estate are paid.
  6. Asset Distribution: Remaining assets are distributed to beneficiaries according to the will or Illinois law if there is no will.

Probate Problems

Elder law and probate can bring these issues:

  • Contested Wills: Disputes over the will’s validity or interpretation will slow down the process.
  • Complex Assets: Estates with multiple or out-of-state assets need extra attention.
  • Creditor Claims: Verifying and addressing claims against the estate must be done carefully.

How an Evanston Probate Lawyer Can Help

A probate lawyer can make it easier by providing hands-on help in areas such as asset protection planning, making sure your assets are protected within the bigger picture of estate and trust matters:

  • Paperwork: Filing everything on time and correctly.
  • Representing the Estate in Court: Advocating for the estate in any court hearings or legal disputes.
  • Mediation: Mediating between family members to prevent conflicts and keep things open.
  • Debt Settlement: Identifying valid claims and protecting the estate’s value.

Estate Planning and Probate

Estate planning and probate are two related areas of law that deal with the management and distribution of a person’s assets after they pass away. Estate planning is creating a plan for asset distribution and probate is the process of implementing that plan. A probate lawyer can help individuals create an estate plan that meets their needs and honors their wishes after they’re gone.

In Illinois estate planning and probate are governed by state law which can be complicated and detailed. A probate lawyer can help you navigate these laws, and create wills, trusts, and other important documents. They also represent individuals in probate court to make sure the process is followed correctly and efficiently.

Wills and Probate

A will is a legal document that tells how a person’s assets should be distributed after they pass away. Probate is the legal process that validates and enforces the instructions in the will. In Illinois, a will must go through probate to be valid. A probate lawyer can help you create a will that reflects your wishes and meets all the legal requirements.

There are different types of wills such as simple wills, joint wills, and living wills. A probate lawyer can help you choose the right type of will for your situation. They also help with the probate process, filing the will with the court and representing the estate in probate court to make sure the decedent’s wishes are carried out smoothly and legally.

Probate Real Estate

Probate real estate is the transfer of ownership of real property after a person dies, governed by Illinois state law. This can be complicated and requires careful navigation of the laws. A probate lawyer can help with probate real estate whether it’s probate sales or auctions.

Different types of probate real estate transactions such as sales and auctions have their own rules and procedures. A probate lawyer can help determine the best approach for the estate’s situation, file the necessary court documents, and represent the estate in probate court to make sure all the legal requirements are met, and the property is transferred smoothly.

Life Insurance and Probate

Life insurance policies are often part of an estate plan. In Illinois life insurance proceeds are not probate but may be subject to estate taxes. A probate lawyer can help you understand the life insurance and probate complexities and make sure the proceeds are distributed according to the policyholder’s wishes.

A probate lawyer can help you incorporate life insurance policies into your estate plan and advise you on how to structure the policies to minimize tax implications and maximize benefits to the beneficiaries. They can also help you determine the best way to distribute life insurance proceeds so you can have peace of mind that the policyholder’s wishes will be carried out.

Probate Timeline

The probate timeline varies depending on the complexity of the estate and state laws. In Illinois, the probate process can take several months to over a year. A probate lawyer can help you navigate the timeline so that each step is done efficiently and according to the laws.

The probate timeline includes:

  • Filing the will with the court
  • Appointing a personal representative
  • Notifying creditors and beneficiaries
  • Inventorying and appraising assets
  • Paying debts and taxes
  • Distributing assets to beneficiaries

A probate lawyer can walk you through each of these steps and provide guidance and support to make the process as smooth and painless as possible.

Why Our Evanston Probate Lawyers?

Choosing a probate lawyer from our local law offices who knows the local laws and the community is important. We offer compassionate, knowledgeable support that understands the sensitive nature of probate cases. Our promise to clients is:

  • Fast Response: We’ll get back to you and give you straight answers.
  • Full Service: We handle probate from start to finish.
  • Client-Centered: We put our clients and their families first.

What to Expect in Your Consultation

Probate starts with a consultation to review your situation, discuss estate planning services, and outline the steps to take.

In your initial consultation, we will:

  • Review the decedent’s assets and liabilities.
  • Discuss your role as executor or beneficiary.
  • Identify the immediate legal issues.
  • Outline the probate process.

Directions to our Evanston probate attorney:

From Skokie, IL:

  1. Head east on Dempster Street.
  2. Turn left onto Gross Point Road.
  3. Continue north; the destination will be on your right.

From Wilmette, IL:

  1. Drive south on Ridge Road.
  2. Turn right onto Old Orchard Road.
  3. Turn left onto Gross Point Road; the destination will be on your left.

From Interstate 94 (Edens Expressway):

  1. Take the Old Orchard Road exit and head east.
  2. Turn right onto Gross Point Road.
  3. Continue south; the destination will be on your left.
Expertise Best Child Support Lawyers in Chicago 201710 Best 2016 Client Satisfaction American Institute of Family Law AttorneysAvvo Clients' Choice 2016 DivorceRising Stars Kevin P. O'Flaherty SuperLawyers.com10 Best Law Firms 2018 Client Satisfaction American Institute of Family Legal Counsel Attorneys Estate Planning Law40 under forty

What to Expect From a Legal Consultation

The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us.

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Location

Office Address

2521 Gross Point Rd, Suite 222

Evanston, IL 60201

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Hours of Operation

Monday
9:00am - 6:00pm
Tuesday
9:00am - 6:00pm
Wednesday
9:00am - 6:00pm
Thursday
9:00am - 6:00pm
Friday
9:00am - 6:00pm
Saturday
Closed
Sunday
Closed

Attorneys

Meet the Owner

I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team.  Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys.  Many of our clients are going through difficult times in their lives when they reach out to us.  They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates.  We are here to help!

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- Attorney Kevin O'Flaherty, Owner

Check Out Articles and Videos from our Evanston Probate Attorney

When Is Probate Necessary in Illinois?

The necessity for probate in Illinois primarily depends on two factors: the overall value of probate assets and how they were titled by the deceased individual. If an estate exceeds $100,000 in total worth (including any items specifically bequeathed through a will or distributed under intestacy laws), then probate proceedings are typically required. If real estate is part of those assets – unless ownership was structured via joint tenancy arrangements like tenancy by entirety or living/successor beneficiary trusts – then it must go through formal succession procedures.

Read more about When Is Probate Necessary in Illinois?

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