Open: Menu Lesser Lutrey Pasquesi & Howe, LLP
Call Now to Begin a Consultation
847-295-8800
Open: Practice Areas

Probate litigation: What if someone dies without a will?

Every Illinois resident will basically die in one of two ways, legally speaking. Either a person dies testate (meaning, he or she left a last will and testament) or intestate (meaning, there is no will). The latter can spark complications  for loved ones regarding probate litigation.

When an adult dies without having executed a last will and testament, there are hearings held in a probate court that has jurisdiction over the particular estate. The purpose of these hearings is so the judge in question can determine how to distribute the decedent's assets. If a valid will does exist, the estate owner likely designated someone to act as executor. Anyone considering writing an estate plan may wish to discuss potential designations such as executor or power of attorney with those so chosen before finalizing a particular plan to make sure they understand what they're being asked to do and agree to it.

Regarding intestate proceedings, if there are assets to be distributed, someone must file a petition to become administrator of the estate. The duties carried out under this role are much the same as the responsibilities of an executor. Intestacy laws vary by state.

In addition to collecting assets and also seeking an estate valuation,  any and all legal issues regarding debts, taxes or any lawsuits that have been filed against the estate must be resolved. The roles of executor and administrator are important and often, stressful. Seeking consultation with an experienced Illinois probate litigation attorney is a good idea when guidance and support are needed regarding such matters.

No Comments

Leave a comment
Comment Information

How Can I Help You?

Bold labels are required.

Contact Information
disclaimer.

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.

close

Privacy Policy

Contact

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