PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us via telephone or through video conferencing. Please call our office to discuss your options. Learn More
Open: Menu Lesser Lutrey Pasquesi & Howe, LLP
Call Now to Begin a Consultation
Open: Practice Areas

Trying to avoid probate litigation? These ideas might help

The last thing most Illinois estate owners want is to inadvertently tie their loved ones up in months or years of legal disputes when it comes time to administer their estates. The good news is that it is often possible to avoid probate litigation. Planning ahead and seeking clarification of state laws may be keys to success.  

The probate process often has to do with transferring of assets. There are several means for transferring property ahead of time to help loved ones steer clear of probate litigation down the line. A trust is essentially a right to own property. There are various types of trusts, and each estate owner may customize his or her plan to best fit individual goals. 

Many people choose to transfer property assets through revocable trusts. A revocable trust may be altered or revoked by the trustmaker. When property is placed in trust, it is no longer part of an estate and, therefore, not subject to probate. Sometimes, a trust is created as part of a final will, whereupon the benefits are transferred to a designated beneficiary when the estate is administered.  

Many Illinois estate owners choose to transfer less valuable assets through gifts, which is another means for avoiding probate litigation. State laws and tax regulations apply, which is why it is always best to seek experienced guidance before implementing a plan. Certain registrations, such as those attached to vehicles, stocks or bonds, may be transferable to beneficiaries as well, which keeps such assets out of probate. An estate planning attorney can help an estate owner determine which options are most viable in his or her situation.

Source: FindLaw, "Avoiding the Probate Process", Accessed on May 22, 2018

No Comments

Leave a comment
Comment Information

How Can I Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy


Lesser Lutrey Pasquesi & Howe, LLP
191 E. Deerpath Suite 300
Lake Forest, IL 60045

Phone: 847-295-8800
Fax: 847-295-8886
Lake Forest Law Office Map

Chicago Office
161 N. Clark Street
Suite 1600
Chicago, IL 60601

Phone: 847-295-8800
Fax: 312-523-2001
Chicago Law Office Map

  • Facebook
  • Linked In
  • Twitter