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Estate
Administration
Illinois law provides
for the distribution of assets and payment of debts following death. Individuals
can direct the distribution of assets and appointment of an executor for their
estate by executing a valid Will (testacy). In the event the decedent did not
execute a Will (intestacy), the assets will be transferred according to the
laws of intestate succession. For smaller estates, the personal representative
may be able to pay debts and transfer assets through a document entitled “Small
Estate Affidavit” rather than through the probate estate. If probate is
required, then the executor named in the Will is required to file a petition
to probate the Will and to be appointed executor.
At the Law Offices
of Edward P. Graham, Ltd., we will provide guidance and assistance to you as
personal representatives of the estate. We can support you in fulfilling your
duties to file all appropriate documents and properly distribute the decedent’s
assets. Call our office to schedule a consultation.
Guardianship
"Guardianship"
grants an individual legal authority to manage the affairs of a dependent minor
child or disabled adult person who is unable to make their own decisions due
to physical or mental incapacity. The court appoints a guardian, but there are
several steps that must be completed before a person can be appointed, including
filing and serving the appropriate legal documents and attending multiple court
proceedings. Other forms of guardianship (known as "short-term" or
"standby") may be established on a short term basis without court
proceedings.
The Law Offices
of Edward P. Graham, Ltd. in Naperville, IL will explain the changes and duties
that the guardianship appointment will put into effect. We will work closely
with you to draft a short term guardianship or to begin legal proceedings to
form a permanent guardianship. We will educate you on the required legal procedures
such as gathering evidence and interviewing witnesses that will be required
in establishing a guardianship. Contact our office for assistance in establishing
the necessary legal relationship.
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