Tag Archives: #probatelaw

Probate Fundamentals – What Are Letters of Office?

Despite its name, “Letters of Office” are not really a letter. Instead, the Letters of Office are a one-page official certified document issued by a probate court after a probate estate has been opened. Letters of Office cannot be obtained without first opening a probate estate. Upon entry of an order by the Court, the […]

Illinois’ Law of Descent and Distribution

Illinois has codified its law of descent and distribution in the Illinois Probate Act of 1975, 755 ILCS 5/2-1. The Illinois Probate Act lists degrees of heirship. Generally speaking, the closer relations to the decedent take shares of the estate prior to more distant relations. Distribution is partially determined by whether the decedent was married […]

Probate Attorneys Competent and Compassionate Representation in Legal Matters Upon the Passing of a Family Member The passing of a family member is often a difficult and chaotic time. Addressing the matters associated with administering the assets they have left behind, commencing probate in the relevant court, preparing the necessary documentation related paying debts, contesting […]

Probate Fundamentals – Heir v. Legatee

Some confusion arises in Illinois probate court regarding the difference between an heir and a legatee.   An heir is the person who legally stands to inherit assets in the absence of direction from the decedent.   A legatee is someone the decedent has directed shall receive assets. The usual form of direction noted here […]