Best Probate Lawyers in Schaumburg

Frequently Asked Questions

• What is the non-emergency contact number for the local police station in Schaumburg, Illinois?

  Call 311 within the boundaries of Schaumburg for non-emergency issues, or call 847-895-4500 to speak with a 311 representative any time, day or night, seven days a week.

• Where can I get a copy of police reports for incidents related to my case in Schaumburg, Illinois?

  You can acquire a copy of police reports about your case from the Village of Schaumburg's online Freedom of Information Center. Cost is free if the data is stored electronically. The first 50 pages of paper copies are provided without charge. After that, 8x11-sized pages will cost 15 cents per page. Other documents might incur additional, reasonable fees.

• When is probate required in Schaumburg?

  In Schaumburg, a formal probate court action is necessary only if a deceased person held solely pure assets worth more than $100,000. However, according to 755 Illinois Compiled Statute 5/25-1, a formal probate court action is not required if the entire value of an estate is less than $100,000 and there is no real estate.

• How does one bypass probate in Schaumburg?

  In Schaumburg, there are three methods to avoid probate. First, you must establish a Revocable Living Trust. The trust continues after your death, avoiding assets being probated. Second, you must create joint property ownership. The survivor inherits jointly-owned property upon your passing. Third, you should designate beneficiaries for your life insurance proceeds, savings accounts, and retirement benefits. When you pass away, the funds in this account are transferred directly to your beneficiary without going through probate.

• What is the procedure for executing a will in Schaumburg?

  The procedure of executing a will in Schaumburg must include the presence of witnesses. A will must have two witnesses. They must sign the will while the testator is present. The testator must also be present when the witnesses attest. Witnesses should be trustworthy adults with no involvement in the will. Additionally, the will must contain the testator's signature. If the testator is paralyzed and cannot hold a pen, he may have another person sign the document at his command and in his presence.

• What are the potential problems that could complicate probate in Schaumburg?

  Potential challenges may arise that could complicate probate in Schaumburg. First, if there is no will, intestacy laws determine who inherits. Second, probating big estates—especially those subject to the federal estate tax—can take a long time. Accounting for and distributing multiple estate assets may take time. Third, will contest can stop probate regardless of the challenger's motives. And lastly, if the will's executor refuses to serve. The court may be required to replace an uncooperative executor, thereby delaying the process.

• How long do you have to file probate in Schaumburg after the demise of a loved one?

  Following the death of a loved one in Schaumburg, anyone in possession of the decedent's will has 30 days from the time they discover the testator's death to file it with the circuit court clerk for the county in which the decedent resided. The person holding the will may be charged with theft in court if they knowingly conceal a will for thirty days or more after learning of the decedent's passing or if they alter or destroy it.