PROBATE, TRUST & ESTATE

Securing and protecting what matters most to you,
after someone you love has passed.

PROBATE LAWYER

Customized service means greater success in the words of a Chicago probate lawyer and founder of probate services firm, Staza Law.

“Our clients are charged with this very important task of settling their loved one’s estate. It’s one of the roughest times in their lives and we bring light and compassion and answers to the hardest questions.

As probate lawyers, we help make that happen as efficiently as possible by handling a small number of clients at any time. By focusing intently on each one of them individually, and developing an approach that’s tailored to each individual case, we find it sets them up for greater success. It’s not possible to apply the same cookie cutter approach to every single case. It would be a disservice to the client.”

| Andrew Hays

Get to know our Probate, Trust & Estate lawyers and their clients.

“This firm provides a level of service that few offer. They’re very responsive.”

Probate services are the foundation of our practice.

Probate is the process of settling a deceased person’s estate. To have an estate referred to probate (court) is more common than you might think, often as a result of the value of the estate exceeding $100,000, or if real estate is among the assets. If the person who passed executed a will, our first step in the probate process is to file the will with the county clerk’s office within 30 days. Once that’s complete, we can file a petition with the county court to open a probate estate.

If the person who passed did not execute a will or estate plan, the family and friends of the deceased have to determine who the administrator of the estate will be. Like an executor, the administrator is responsible for paying the estate’s bills and distributing its assets. The administrator then files a petition with the county court to open a probate estate.

Our probate attorneys are backed by decades of probate experience in the Chicago, Illinois area helping people with all aspects of the probate process.

If you were searching for ‘probate litigation attorneys near me,’ you found them.

What legal services do probate lawyers at a probate services law firm provide?

Staza Law’s Chicago probate lawyers can provide the following probate services.

DETERMINE WHETHER PROBATE IS NECESSARY

A variety of factors will help us determine whether it is necessary to open a probate estate in court. We also help to distinguish between the different types of claims that can be filed against Illinois probate estates.

FILE A WILL

If necessary, STAZA LAW will file a will on your behalf. After locating the will, we can also guide you and your family through the process of gathering assets, paying bills, and distributing property.

DRAFT PETITIONS

Staza Law will draft the petition for letters of administration or petition to admit a will to probate which is necessary to open a probate estate. We also help with filing a claim or lawsuit against the executor of an estate.

DRAFT PLEADINGS AND DOCUMENTS

Our firm drafts all documents and pleadings relating to opening and closing a probate estate, including Transfer on Death Instruments. Generally, in order to sell real property after a person dies, a probate estate needs to be opened.

PROVIDE ADVICE

A STAZA LAW probate attorney provides executors and administrators with help understanding estate planning and legal terms. Our role is to bridge the gap between you and the legal world, and help guide you through the process so you can make informed decisions.

ESTATE ADMINISTRATION

Our Chicago probate lawyers guide executors and administrators as they pay bills and distribute property. The Illinois Probate Act divides all claims against the decedent’s estate into seven classes; claims against the estate are paid according to these classes.

CLOSING THE ESTATE

Since a lawsuit can severely slow down the probate process, we will help tie up loose ends in the deceased’s life in order to close the estate as efficiently as possible. A STAZA LAW probate attorney will consult and advise executors on closing the estate.

CASE STORY

How do we help other attorneys with their probate, trust & estate clients?

We’ll let one of them tell you.

I talked to a lot of firms, and everyone I spoke with at this firm was kind and empathetic. High quality experience from beginning to end. Communication is a huge part of this. They were more attentive, and provided more answers, in an expeditious fashion.

Every firm says they’re interested in helping, in getting the best possible outcome. But is it really backed up? This firm, they’re not just there to make money off of you or churn out cases. They take the time to find out what’s really going on with you, and they’ll advise you if they’re the best people to help you or not.

This firm, they make you feel like more than an invoice. You can tell from their empathy, their genuineness, that they’re really here to help. You can’t fake genuineness. These are good down to earth people. You get the feeling if they could help you without charging you they would. They really understand what we’re going through.

Legal stuff isn’t just difficult, it can be confusing. But they don’t use jargon. They make it clear what we’re doing and why we’re doing it. They show concern with each individual matter and provide clarity for every step along the way. They make you feel comfortable to reach out.
They operate with a high level of professionalism, guiding you every step of the way, answering all questions. No rushing to get it done. Gives me peace of mind. They’re peaceful. My sense is they want to make it a high quality experience for all clients from beginning to end.
– K Scott

“I practice personal injury law. I started working with Andy because we have to have a probate lawyer to get our cases through the system. The people we work with, they went through a loss, they’re emotional, and lawyers can be very cold sometimes. But Andy doesn’t do that. He feels for the people he’s representing. It’s the human factor.” – Kevin Golden

Reach out to one of our Chicago probate lawyers?

Having trouble with your executor or your probate lawyer in Chicago? Read on.

If problems arise during probate, the experienced team of lawyers at Staza Law can help you handle it.

FILING A CLAIM AGAINST A PROBATE ESTATE IN ILLINOIS

When an estate is in probate, the executor or administrator of the estate (depending on whether or not a will exists) must pay the debts of the estate and then oversee distribution of assets. There is a set period of time during probate where those with claims against the deceased – ranging from unpaid debts to tort claims – may file and present their claim to the court. The executor of the estate may disallow or dispute a claim made on the estate, in which case the presiding judge for the probate estate decides if claims are valid. Both the estate and creditors should be represented by probate attorneys with considerable experience in probate claims. Please reach out to speak with one of ours.

REMOVING AN EXECUTOR

An executor of an estate is held to the highest standards of conduct while performing his or her duties. Debts must be paid, property may need to be sold in order to fairly distribute assets to beneficiaries, tax returns for the individual and the estate must be filed, and remaining assets distributed. In the event of serious misconduct, where the executor engages in acts that do not benefit the estate or its beneficiaries, a petition to remove the executor may be filed by your probate lawyer. Evidence of wrongdoing is presented at an evidentiary hearing, and the presiding judge will decide whether the executor should be removed. We recommend discussing any similar issues with one of our experienced probate attorneys.

DEALING WITH AN EXECUTOR STEALING

If an executor uses assets from the estate for his or her own benefit or hides the existence of assets in order to deprive beneficiaries of their value, they are engaging in serious misconduct and may be removed from their position as executor by your probate attorney. This includes hiding statements or documents about existing debt or real estate holdings, statements from bank or retirement accounts, or the existence of personal valuables such as jewelry. If beneficiaries or others with a financial stake in the estate suspect this misconduct, we may file to remove the executor and prevent assets from being depleted further. Reach out to one of our experienced Chicago probate lawyers if you have serious concerns about your executor.

FILING CLAIM AGAINST AN EXECUTOR

In the event that an executor engages in serious misconduct against the interests of the estate they represent, or its beneficiaries, they may be subject to litigation. While creditors may make a claim against a probate estate, legal action against an executor may only be brought by individuals with a true legal interest in the estate. The court designates such persons as having standing, and claimants include beneficiaries of the current or former will or trust of the deceased, as well as any disinherited heirs. Please speak with one of our experienced probate attorneys to discuss filing a claim against your executor.

COMMON TYPES OF EXECUTOR MISCONDUCT

The executor of an estate is held to the highest standard of fair dealing and diligence regarding their duties to the estate. Self-dealing conduct, negligence and other behavior that does not protect or outright damages the estate is grounds for removal as executor. In most cases, the executor takes his or her responsibilities seriously, but in some cases trouble arises. Failing to care for the property of the estate, failure to pay bills or taxes, mixing personal funds with those of the estate or hiding assets are all examples of misconduct and can open the executor up for removal and even for litigation. We recommend discussing any executor misconduct with one of our experienced probate attorneys.

“10 out of 10. You call, they respond, and get it done.”

Our Team

“They want to make it a high quality experience for all clients from beginning to end.”

A Chicago probate lawyer’s answers to FAQs.

Q

WHAT IS PROBATE?

Probate is the legal term used for the process of proving a will is valid, distributing property to heirs and settling unpaid debts. If there is no will, probate is the way the court decides how the deceased’s property will be distributed. An executor of a will is someone named by the deceased, while an administrator is appointed by probate court in the event there is no will.

Q

WHAT DOES PROBATE MEAN IN ILLINOIS?

Probate rules vary slightly from state to state. In Illinois, probate can refer to the distribution of assets after someone’s death or to the guardianship of a person who has become permanently disabled. A probate estate must be opened if assets are greater than $100,000 or if real estate is involved in the estate. The probate estate is opened in the county in which the deceased lived when he or she died. STAZA LAW can guide you through probate across the state.

Q

HOW LONG DOES THE PROBATE PROCESS TAKE?

If a probate estate is opened soon after a person’s death, all debts are paid, and all property distributed in a timely manner, the probate process may take as little as 6-8 months. However, resolving creditor issues and selling real property like a home usually extends the process.

Q

WHEN IS IT NECESSARY TO OPEN A PROBATE ESTATE?

In order to determine whether probate is necessary, we will review the deceased person’s property. If the deceased person owned real property, such as a home, and the real property is not owned jointly by a surviving spouse or relative, then a probate estate will need to be opened.

As to other assets, if the total amount of the decedent’s personal assets are greater than $100,000.00, a probate estate must be opened to transfer these assets.

Q

IS PROBATE A ‘NIGHTMARE’?

Many people have heard tales of horrific family drama stemming from a probate matter. Siblings who no longer speak to one another, arguing for years over family heirlooms that may not have any value outside of the family. However, these nightmares are the exception to the probate process, not the rule. By and large, families work together with the executor to sell property and fairly distribute assets. Disputes, if any, are addressed without the need for intervention from the court.

Q

IS THERE A WAY TO AVOID PROBATE?

This question is best answered by one of our estate planning attorneys. Since probate is not inherently bad or problematic, it is important to learn your goals and plans. There are many advantages to the probate process. However, there are many reasons to set up an estate plan outside of the probate process. Please contact one of our attorneys to learn more about what is right for you and your family.

Q

WHAT HAPPENS IF YOU DON’T HAVE A SIGNED POWER-OF-ATTORNEY DOCUMENT?

Simply put, power of attorney means that you have authorized a trusted person to act in your name in the event that you are unable to make decisions about your health or finances. This can happen as a result of an accident, traumatic illness, or simply due to aging. Without a designated power of attorney, your loved ones cannot make decisions for you, and the probate court must name a legal guardian for you, an often long and expensive process. Making an estate plan, including giving someone you trust power of attorney, protects you during your life and your loved ones after your death.

Q

IS AN EXECUTOR PERSONALLY RESPONSIBLE FOR THE DEBTS OF THE PERSON WHO DIED?

Understanding legal processes and terminology can be confusing, but we can help with legal terms you’re likely to encounter.

If you’ve been looking for a ‘probate litigation lawyer near me,’ you can stop looking. Reach out to speak with one of ours.

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The Staza Law blog has answers.

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