Geneva, IL Probate Attorney

Lawyer for Estate Administration, Guardianship, and Probate Disputes in Kane County

Probate law governs many important matters related to the management of a person's estate and affairs. These matters can be especially sensitive because they tend to arise at difficult times, such as after the death or incapacitation of a loved one. As such, emotions may be running high, and the parties involved may feel pressure to ensure that their loved one's wishes are honored. These emotional factors can sometimes get in the way of handling the legal details to the best of your ability, and you may be looking for help to pursue the right course of action.

At Loire Krajniak Law, LLC, our 10 years of legal experience have prepared us to provide confident, knowledgeable representation for a variety of parties throughout the probate process. We help estate executors carry out their duties, represent beneficiaries in probate disputes, and serve those seeking to be appointed legal guardians of their loved ones. We understand how important it is to handle these matters with compassion and respect, and we strive to be of service to families who are going through a difficult time.

Legal Services for Estate Administrators

After a person's death, their estate administrator or executor plays perhaps the most important role throughout the probate process. The duties of an estate executor include:

• Submitting the decedent's willto probate
• Handling the financial aspects of the decedent's funeral and burial
• Preserving the assets of the decedent's estate
• Settling the estate's obligations to creditors
• Contacting the decedent's heirs and beneficiaries and distributing the assets of the estate
• Representing the estate in any legal disputes

For many of these duties, there are specific legal requirements that the executor must fulfill. If you have been named as an estate representative, we can work with you to ensure that you fulfill these requirements and avoid missteps for which you could be held liable. We can also help you resolve disputes with creditors, beneficiaries, and other parties who may have a claim against you or the estate.

Representation for Contested Will Disputes

One of the most difficult issues that may arise during probate is a contest of the decedent's will. In some cases, a contest may come from a disgruntled family member or beneficiary who feels they have been mistakenly or unfairly treated by the decedent. An estate representative may want to seek legal representation to defend the will and demonstrate its validity so that the decedent's wishes may be carried out according to plan.

However, there are sometimes valid reasons to contest a will, and beneficiaries may seek the help of an attorney to put forth a petition and make a case for impropriety in the creation of the document. In Illinois, the grounds for contesting a will include:

• Lack of testamentary capacity - This means that the decedent was not of sound mind at the time the will was created.
• Undue influence - This means that another party forced the decedent into drafting a will that does not reflect their true wishes, perhaps through coercion, threat, blackmail, or some other means.
• Fraud - This could mean that the will document or the signatures were forged, or that the decedent was influenced by fraudulent information when creating the will.

We can help you determine whether you have grounds to contest a will and gather the evidence and testimony you need to make a strong case.

Guardianship for Children and Adults

Illinois probate courts also handle guardianship matters for minor children and disabled adults. We can represent you if you are in need of guardianship and want to ensure the right guardian is appointed to protect your interests, or if you want to be appointed as the legal guardian of your parent, adult child, relative, or another person who needs assistance. We handle petitions for guardians of the person, who are responsible for the personal care and well-being of their wards, as well as guardians of the estate, who are responsible for managing their wards' financial affairs.

Contact a Kane County Probate Lawyer

If you need an attorney for help with any probate matters, contact us today at 630-448-2406 for a free consultation. We serve clients in Geneva, Yorkville, Sugar Grove, Plano, Big Rock, Bristol, Aurora, Kane County and the surrounding areas.