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The process of estate administration has caused many families to engage in bitter disputes. There are many ways in which a probate lawyer can help avoid these disputes and promote a fast, orderly process of administering the estate. Learn more about the ways a Chicago probate and estate administration lawyer from Malman Law can help your family throughout the process of estate administration.
Probate is the process of settling a person’s financial affairs after he or she dies. If there was a will, it is submitted to the probate court for acceptance. If not, the probate court must appoint an estate administrator and determine who is entitled to the estate assets. Every state has laws of intestacy. These laws dictate who is entitled to a person’s assets if he or she dies without a will. You can overcome these default rules by executing a will.
The probate process can cause family members to fight bitterly about what the decedent would have wanted. There might be challenges to the validity of the will. If there is no will, the family might disagree over what should be done with the remains, or who gets personal property that has sentimental value. Families can spend a lot of time and money fighting these battles in court.
A person can be the beneficiary of an estate if he or she is named in the will. A persona can also be a beneficiary by virtue of his or her relationship to the decedent. If, for example, a parent died without a will, the surviving children are presumed to be beneficiaries by law. Beneficiaries have a legal interest in the estate.
So how does a beneficiary protect this legal interest? The estate administrator is tasked with making the actual transfers of property. If he or she fails to do so, or if there are disputes about what transfers should be made to whom, a beneficiary can challenge this to the probate court. A probate attorney can help a beneficiary bring claims to the probate court. Beneficiaries have the right to hire their own probate lawyers. This is especially important when the decedent dies without a will, and the beneficiaries’ rights are not clearly spelled out in estate planning documents.
Estate administrators have certain rights and responsibilities. Some of these are created by law, and others might be clearly stated in the will. In either event, administrators can face liability for mistakes they make during the administration of an estate. By getting the advice of a probate lawyer, an estate administrator can protect him- or herself from liability, and determine the best method for resolving the decedent’s financial matters without disputes.
Estate administrators may also be entitled to compensation for their work. This can include reasonable expenses that are incurred in the administration of the estate (such as consultations with a tax professional) or compensation for the time spent on the probate process. A probate lawyer can help advise estate administrators about these rights and enforce their right to be compensated from the estate for these reasonable expenses.
As the saying goes, an ounce of prevention is worth a pound of the cure. The best way to avoid probate disputes is to execute clear estate planning documents. If your wishes are known, it is likely that the court will enforce them. It is also less likely that your heirs or potential beneficiaries will be able to challenge them. This will prevent your estate assets from being depleted by costly litigation. It will also prevent the bitter resentment that often arises between family members during a probate challenge.
The more comprehensive your estate planning documents are, the less room there will be for misinterpretation. Your documents should cover all potential issues, including:
They area very helpful and when it come to getting things done with your case I had the pleasureof working with Jason Kellerman he was awesome I highly recommend them.
- Britany Weaver
I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!
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I’ve been knowing about this Law firm for many years through friends, referrals & advertisements , never I thought I would need their services , because I believed things & situations don’t happen to me like this , long story short I was in situation that I needed help & advice!!! The right direction , I connected with the Firm & a very patient , understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care !
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I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
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I contacted Malman Law go my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks everyone!
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Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!
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Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If your interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!
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They are so efficient and professional.Always available to help.Attoney Boyer was great and very good with my case.I really appreciate mailman law firm. I gave them 5 star because there is nothing higher.
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I have had an amazing experiences with Malman law so far. From the start Dan was super easy to work with, got me the medical attention I needed and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
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Hi I just want to acknowledge Jay McCarron, Kelly & the Firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would Highly recommend you and your firm to friends & family. E. P.
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I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!
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Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the repairations of the accident. We would recommend their services!
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Excellent customer service and great experience. Malman law handled the whole process and it was very smooth. The settlement was a great success. I would choose malman law again in the future.
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Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me an my daughter.
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I cannot give enough praise to the team at Malman Law, for helping with my case . My children were involved in a auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.
- Adrian Lopez
A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.
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Bella Feinstein, Jason Kellerman, and Terry Davey, have been instrumental in helping me though many difficult situations. Not only did they work to get my mom a settlement, they have continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
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Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, takes time to listens to his clients and gather facts accordingly.
- Steve Acosta
Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.
- Adrianna Gomez
Dan Petrich was the best man for my case of falling through my porch of a apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars
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I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!
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Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!
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My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained next steps and got my case to resolved early. I would highly recommend Malman Law.
- Ashley Jenkins
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2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim