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Estate Administration Lawyers in Wheaton, IL

Attorneys for Estate Administration and Planning in Glen Ellyn, Naperville, and DuPage County

glendale heights estate administration lawyer

When an individual dies, his or her assets and property are collected and distributed to the estate's beneficiaries. This process is referred to as estate administration. If there is no will, the estate will be distributed according to the state's intestate laws and if there is a will or trust, the estate will be administered according to those documents.

At Anderson and Associates, P.C., our estate planning attorneys can be your guide throughout the estate administration process. We will ensure that your estate is distributed and administered after your death according to your wishes.

Administration of Personal Estates

There are several laws and requirements that are included in the administration of personal estates, which refers to property that can be moved, such as jewelry or vehicles. These laws and requirements include the following:

  • A representative of an estate may lease, sell, or mortgage the personal estate of the deceased when it is required for the adequate administration of the estate. However, any personal property that is chosen by the surviving spouse or child and any property that the testator (the individual who created the will) instructs not to be sold will not be sold or mortgaged unless it is needed for paying claims, estate taxes, or for administration expenses.
  • If selling the personal estate is not necessary, the court can order the estate to be distributed.
  • If granted permission by the court, the representative can sell, lease, or mortgage any minor child's personal estate if the court believes that doing so is in the best interest of the minor or in the best interest of his or her estate.
  • Before selling, leasing, or mortgaging any personal estate, the representative should file a petition with the court and the petition should include letters that describe the personal estate that is to be leased or sold.
  • When a court grants permission for the sale of an estate, the court will specify if the sale should be public or private.

Administration of Real Estate

The representative of an estate has certain responsibilities and rights in regards to the real estate administration of the deceased individual he or she is representing. These responsibilities and rights include the following:

  • The representative of an estate will take possession of the deceased person's home and all other real estate property during the period in which the estate is being administered.
  • While under the representative's possession, the representative must collect any rents or other earnings obtained from the home.
  • The representative must maintain the property's condition by making any needed repairs.
  • The representative must pay off any taxes and mortgages on the real estate property.
  • The representative is permitted to use insurance to protect the real estate property.
  • The representative can use the estate to expend any reasonable expenses to preserve and maintain the real estate property.

It is essential to note that the estate's representative cannot possess any real estate property that is occupied by the estate's heir unless the deceased person's will states otherwise or unless the court decides that possession is necessary in order to pay off any claims, administration expenses, estate taxes, or to preserve the property.

Dedicated Estate Administration Lawyers Serving Glendale Heights IL

At Anderson and Associates, P.C., our attorneys are committed to helping clients develop estate plans that are in accordance with their wishes and goals. We make the process of estate planning more simple and less time-consuming for our clients. To schedule a consultation, call us at 630-653-9400 or contact us online. We serve clients throughout DuPage County including Winfield, Warrenville, Naperville, and throughout Illinois.

Chicago Bar Association DuPage Association of Woman Lawyers Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association
Schaumburg Office
Orland Park Office
Wheaton Office
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