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PROBATE, TRUST & ESTATE

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

“Good people. Helped me tremendously in a very difficult time.”
Let’s talk.

PROBATE, TRUST & ESTATE ADMINISTRATION & LITIGATION

Helping your family navigate and negotiate your best path forward.
What sort of events might lead you to a probate, estate and trust dispute lawyer? Here’s a typical scenario…
Imagine for a moment that your mother and father spoke often of their legacy and dedicated years to growing it for their children and grandchildren to enjoy. But when he died suddenly after your mom was moved to a memory care facility, you found out that your dad changed his will at the end of his life, didn’t name a trustee for his trust, and didn’t anticipate the possibility of your mom becoming incapacitated. Any one of those situations could land your father’s trust and estate in probate court.
To our average client, probate court is foreign and intimidating. The very word ‘probate’ strikes fear in many. But to deeply experienced probate lawyers in Chicago like us who offer comprehensive probate services, it’s our workplace. It’s our territory. It’s where we go to protect and defend the rights of our clients. We’re an estate and trust administration law firm that’s equally skilled with litigation. Either way, we’ve got you covered.
What does one of our probate clients think of our work? Meet Cory Stephens.

“This firm provides a level of service that few offer. They’re very responsive so they can help, not so they can bill.”

How can we help you?

A brief explanation of terms

Probate is a court process to oversee both the collection of assets and payment of debts of the deceased, for people with or without a will. Probate requires the help of an attorney.

A trust provides a detailed explanation of how and when those assets are distributed. A trust may prevent your estate from having to be settled in probate.
Your estate is everything you own minus everything you owe at the time of your death.
Your will is a legal document specifying to whom you’d like your assets to be distributed upon your death.
Trust Administration is the out of court estate management and distribution process where the trustee follows through on the wishes of the deceased.
Litigation is what often follows when the issues to be resolved are complex – if the validity of the will or trust is challenged, if a beneficiary feels the will is unfair, if there are differing interpretations of the will or trust, etc. The parties on either side of the dispute each hire their own trust and estate litigation attorney.
CASE STORY

How do we help our 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

“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…. – K Scott

Read more stories & reviews?

Yes!

How can our probate lawyers help you?
Do any of these situations apply to you?

Someone you love has recently passed and…

… You’ve been named executor or trustee to an estate or trust and don’t know what to do.

… You can’t find the will.

… You want to prevent your family from fighting, fracturing and filing lawsuits.

… You’d prefer to hold on to your money rather than spend it on attorneys’ fees.

… You found out you’re a beneficiary and want to make sure your rights are enforced.

… You’re concerned that you or someone you love has been exploited by an executor, administrator or family member.

… You understand that estate distribution takes time, but need to access your inheritance sooner rather than later.

Need help with a similar situation? Reach out to schedule a time to meet with a Staza Law estate disputes lawyer.

Let’s talk.
How would a personal injury lawyer rate Andy Hays?

“5 stars. Andy’s an expert in probate.

You walk in a courtroom and the judge’s reaction to the attorney, that will tell you everything. When Andy steps up, it’s done. They know he’s a professional, and they’re very straightforward with him. You can tell they respect him. They respect the work he does.

Wonderful to work with, efficient, excellent, that’s what it needs to be in probate. He gets things done.” – Kevin Golden

Read more stories & reviews?

Yes!

Probate FAQs.

Q

How is a trust different than a will?

Both a will and a trust are designed to help in the distribution of assets to your beneficiaries, however they do differ in significant ways. While a trust goes into effect immediately after being authenticated, a will is not effective until after the establisher’s death. A trust can provide you with control over when and how your assets are distributed, while a will allows you to designate the recipients of your estate and to name guardians for your children.

Q

How do I know which type of trust is right for me?

The three most common types of trusts are revocable living trusts, irrevocable trusts and testamentary trusts. Revocable living trusts can be changed or canceled by the grantor during their lifetime. It becomes an irrevocable trust after the grantor’s death. Irrevocable trusts cannot be changed once they have been signed. This type of trust is often used for tax planning, asset protection or Medicaid planning. Testamentary trusts are created by a will after someone dies and will go through probate before funds are distributed.

Q

Can anyone be my beneficiary?

Beneficiaries of a trust or will can be individuals (such as family members, friends or loved ones), charities, or even another trust. If you pass away without an estate planning document, the distribution of your assets will be determined by state law.

Q

I’ve been named the trustee of my family member’s trust. Now what?

You’ve been selected as a trustee by a family member who believes you are the best person to manage and distribute their assets. This legal responsibility can be both emotionally and administratively difficult.

  1. First, read the trust document carefully to ensure you understand the terms of the trust. This includes identifying the beneficiaries and determining what the assets are you will need to distribute.
  2. Formally accept the role of trustee by signing an acceptance of trusteeship, if required by the trust document.
  3. Gather and secure the assets.
  4. Notify the beneficiaries that they have been named in the trust document and keep them informed throughout the process.
  5. Use the trust to pay any outstanding debts, taxes or legal fees.
  6. Follow the instructions of the trust on how and when to distribute the assets to the beneficiaries.
  7. If applicable, close or formally terminate the trust.

Q

Why is the estate distribution taking so long?

The time it takes to distribute an estate can vary widely from case to case. During the administration of the estate, legal documents must be acquired and organized and the value and extent of both the assets and the debts in the estate must be determined. The number of beneficiaries involved as well as any legal disputes between them can also extend the process.

Q

Which of my assets will not be included in my estate?

Only the assets that you independently own are included in your estate. Any assets held jointly with someone else, such as a house purchased with a spouse, are not included. Additionally, assets that have already been transferred to a beneficiary or have been assigned to a beneficiary by the time you die are also not part of your estate.

Q

I think I need to speak with a probate trust administration lawyer. How can I be sure?

If you are a beneficiary, you should speak with a probate trust administration lawyer if you are a beneficiary and the representative or trustee is not providing you all of the information you believe you are due, or if you believe that they are engaged in fraud or misconduct of any kind. If you are the representative or trustee of an estate or trust, you should connect with a probate trust administration lawyer so that you have representation and guidance on how to best and most efficiently fulfill all of your fiduciary duties to the heirs and beneficiaries.

“This firm provides a level of service that few offer. They’re very responsive so they can help, not so they can bill.”

How can we help you?
Got a question?
Ask A Lawyer

The Staza Law blog has answers.

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