Probate & Guardianships

‍Tomczak Law Group in Joliet, IL provides legal assistance for Probate & Guardianships, including administration of estates, will contests, and wrongful death cases. Learn how we can help you navigate these complex legal matters.

‍Administration of Decedent's Estate

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The administration of a decedent's estate can be a complicated and time-consuming process. Our attorneys have extensive experience in helping clients navigate the probate process and ensure that the decedent's wishes are carried out in a timely and efficient manner. We can assist with:

• Filing the will with the appropriate court
• Appointing an executor or administrator
• Collecting and inventorying assets
• Paying debts and taxes
• Distributing assets to heirs

Ancillary Probate

If a decedent owned property in more than one state, it may be necessary to initiate ancillary probate proceedings in each state where property is located. We can guide you through the ancillary probate process and ensure that all necessary steps are taken to transfer property to the appropriate heirs.

Small Estate Administration

For estates with a value of less than a certain threshold, small estate administration may be available. We can help determine if small estate administration is an option for your case and guide you through the process to ensure that the decedent's assets are distributed properly.

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Administration of a Missing Person's Estate

When a person goes missing and is presumed dead, their estate may need to be administered. Our attorneys can assist with:

• Obtaining a presumption of death order from the court
• Filing the necessary paperwork to open an estate
• Appointing an administrator
• Collecting and inventorying assets
• Paying debts and taxes
• Distributing assets to heirs

Guardianship for a Missing Person's Minor Children

If the missing person had minor children, it may be necessary to establish a guardianship to ensure that the children are cared for. Our attorneys can guide you through the process of establishing a guardianship and ensure that the children's needs are met.

Administration of the Estate of a Minor or Disabled Adult

When a minor or disabled adult inherits assets, the estate may need to be administered. Our attorneys can assist with:

• Appointing a guardian or conservator
• Collecting and inventorying assets
• Paying debts and taxes
• Distributing assets to the beneficiary

Guardianship for a Minor or Disabled Adult

If the minor or disabled adult does not have a guardian or conservator in place, it may be necessary to establish a guardianship to ensure that their needs are met. Our attorneys can guide you through the process of establishing a guardianship and ensure that the beneficiary's best interests are protected.

Construction of Will

If the language in a will is unclear or ambiguous, it may be necessary to go to court to have the will construed. Our attorneys can assist with:

• Analyzing the language in the will
• Determining the testator's intent
• Seeking a court order to construe the will

Will Modification

If a testator wants to modify their will after it has been executed, it may be possible to do so with a codicil. Our attorneys can advise you on the requirements for a valid codicil and assist with drafting and executing the document.

Will Contest

If a beneficiary or potential beneficiary believes that a will is invalid or that they have been treated unfairly, they may contest the will. Our attorneys can assist with:

• Analyzing the validity of the will
• Challenging the will in court
• Negotiating a settlement with other parties

Will Interpretation

The construction of a will involves interpreting the language of the will and determining the intent of the testator. This can involve analyzing the language of the will, considering extrinsic evidence, and applying legal principles to determine the meaning of the will.

Dispute Resolution

If there is a dispute among beneficiaries or challenges to the validity of the will, a probate attorney can assist in resolving these issues through negotiation, mediation, or litigation. This can involve presenting evidence, arguing legal principles, and advocating for the interests of the beneficiaries.

Will Contest

If you believe that a loved one's will is invalid or that you have been unfairly excluded from a will, you may need to contest the will. This can involve challenging the validity of the will, arguing that the testator lacked capacity or was unduly influenced, or seeking to have the will reformed.

Grounds for Contesting a Will

There are several grounds for contesting a will, including lack of capacity, undue influence, fraud, duress, or mistake. A probate attorney can assist in evaluating the merits of your case and developing a strategy to contest the will.

Will Contest Litigation

Contesting a will often involves litigation, which can be complex and time-consuming. A probate attorney can represent you in court, present evidence, and advocate for your interests.

Trust Litigation

Trust Litigation can be a complex and emotionally charged process, especially when disputes arise among beneficiaries or between beneficiaries and the trustee during the probate process. At Tomczak Law Group, our experienced attorneys can provide legal representation and guidance through all aspects of Trust Litigation. We can help with issues such as breach of fiduciary duty, disputes over trust assets, and challenges to the validity of the trust document. With our knowledge and expertise in Trust Litigation, we strive to achieve the best possible outcome for our clients.

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Some of the subcategories under Trust Litigation include:

Breach of Fiduciary Duty

If a trustee fails to uphold their duties or acts in their own best interests instead of those of the beneficiaries, a breach of fiduciary duty may have occurred.

Disputes over Trust Assets

Disputes may arise when beneficiaries disagree over the distribution of trust assets or the interpretation of the trust document.

Challenges to the Validity of the Trust Document

If a beneficiary or interested party believes that the trust document was created under duress, undue influence, or lacked the necessary legal requirements for validity, they may challenge the validity of the trust document.

Administration of Decedent's Estate

When a person passes away, their assets need to be distributed to their heirs or beneficiaries. The legal process of administering an estate can be complex and time-consuming, especially if the deceased did not have a valid will or if there are disputes among the heirs. Our probate attorneys can assist with:

Probate proceedings

This involves filing a petition with the court to open the estate, identifying and valuing assets, paying creditors, and distributing property according to the will or state law.

Estate planning

To avoid probate and streamline the distribution of assets, our lawyers can help you create a trust, transfer property to beneficiaries, or designate joint ownership.

Will interpretation

If the language of the will is unclear or there are disputes among the heirs, our attorneys can analyze the document and provide guidance on how to interpret and carry out the decedent's wishes.

Estate tax planning

Depending on the size and complexity of the estate, there may be federal or state estate taxes that need to be paid. Our lawyers can help you minimize the tax burden and maximize the amount of property that goes to your loved ones.

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Trust Administration

If the deceased had a trust, our attorneys can assist with the process of transferring assets to the beneficiaries, paying debts and expenses, and managing the trust property. We can also advise trustees on their fiduciary duties and help resolve any disputes or challenges that arise.

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Administration of a Missing Person's Estate

In some cases, a person may disappear or become missing and their assets need to be managed or distributed. This can happen if the person is presumed dead or if they have been declared legally incapacitated. Our probate lawyers can help with:

Guardianship proceedings

If the missing person had minor children or was responsible for an incapacitated adult, our attorneys can help you petition the court to appoint a guardian or conservator to manage their affairs.

Asset preservation

If the missing person had valuable property or financial assets, our lawyers can help you secure and protect them from loss or theft, and manage them until the person is found or declared legally deceased.

Estate administration

If the missing person is presumed dead, our attorneys can help you initiate probate proceedings or file a petition for determination of death. We can also assist with identifying and locating heirs or beneficiaries and distributing property according to the law or any applicable will or trust.

Disappearance of a Child

If a child goes missing, our attorneys can help you petition the court for appointment as the child's legal guardian or conservator, as well as assist with child custody, support, and visitation issues. We can also work with law enforcement and other agencies to help locate the child and protect their interests.

Other subcategories under administration of a missing person's estate include:

Presumption of Death

In some cases, a missing person may be presumed dead after a certain period of time has passed. Tomczak Law Group can assist you in obtaining a court order declaring the missing person legally dead.

Unclaimed Property

If a missing person's assets are left unclaimed, they may be turned over to the state. Tomczak Law Group can help you recover unclaimed property that rightfully belongs to the missing person's estate.

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Administration of the Estate of a Minor or Disabled Adult

If a person is under 18 years old or has a mental or physical disability that impairs their ability to manage their affairs, they may need a legal guardian or conservator to protect their interests and make decisions on their behalf. Our probate attorneys can help with:

Guardianship and conservatorship proceedings:

This involves filing a petition with the court to appoint a guardian or conservator, who will have the authority to make decisions about the person's medical treatment, education, finances, and other matters.

Estate planning:

If you have a child with special needs or a disabled adult relative, our lawyers can help you create a special needs trust or other estate planning tool to provide for their care and support.

Termination of guardianship or conservatorship:

If the person's condition improves or their situation changes, our attorneys can help you petition the court to terminate the guardianship.

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Administration of Decedent's Estate:

When a person passes away, their assets and debts must be properly distributed and paid off. This process is called probate. The administration of decedent's estate refers to the process of managing the probate of a deceased person's estate. Tomczak Law Group can assist you in navigating the probate process, including the preparation of necessary court documents, filing of tax returns, and distribution of assets.

Other subcategories under administration of decedent's estate include:

Appointment of an Executor or Administrator:

If the decedent had a will, the person named as the executor will be responsible for administering the estate. If there is no will, an administrator will be appointed by the court to administer the estate.

Probate Litigation

Disputes can arise during the probate process, such as contests over the validity of a will or disputes over the distribution of assets. Tomczak Law Group can provide legal representation in probate litigation matters.

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Wrongful Death/Collection of Judgment

If your loved one has passed away as a result of someone else's negligence or intentional actions, you may be entitled to compensation for your loss. Our attorneys can help you pursue a wrongful death claim and collect any judgments you are awarded.

Other subcategories under wrongful death/collection of judgment include:

‍Medical Malpractice

If your loved one passed away as a result of medical malpractice, our attorneys can help you pursue a wrongful death claim against the responsible parties.

Car Accidents

If your loved one passed away in a car accident caused by another driver's negligence, our attorneys can help you pursue a wrongful death claim against the at-fault driver.

Product Liability

If your loved one passed away as a result of a defective product, our attorneys can help you pursue a wrongful death claim against the product manufacturer.

Contact Us

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At Tomczak Law Group, we understand that dealing with probate and guardianship matters can be emotionally challenging. Our experienced attorneys are committed to providing compassionate and efficient legal representation to help you through this difficult time. Contact us today to schedule a free consultation and learn more about how we can assist you.