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You should be able to tell the lawyer the names and addresses of all people involved. This includes the executors, guardians, trustees, and beneficiaries.

You should be able to describe what property you own and how title is held and identify any beneficiaries which you have designated.

You should also be able to list all your debts, at least by category. For both assets and debts you should be able to provide approximate values.

Finally, you should be able to say who you want to get your property

If you need assistance with your estate planning affairs, contact Chicago Estate planning lawyer Don Thompson at 312-782-0844 or email him at

Most probate estates these days are managed with independent administration. The administrator or executor must still give beneficiaries an inventory and an account, but these do not have to be filed with or approved by the court. Additionally property can usually be sold and other transactions made without court approval.

Contact Chicago probate attorney Don Thompson at 312-782-0844 or email him at donthompsonlaw@sbcglobal.net for all of your Chicago estate planning and probate needs.

Probate is the process of doing the following under court supervision:

1. Getting court recognition of the decedent’s will, if any;

2. Establishing who are the decedent’s heirs (the will says who gets the decedent’s property , but if there is no will the decedent’s heirs get the property);

3. Getting someone appointed by the court with power to administer the estate (this person is called an executor if there is a will and an administrator if there is no will.

4. Identifying and collecting the deceased’s assets;

5. Ascertaining who the creditors are and paying them;

6. Filing any necessary tax returns and paying the taxes;

7. Accounting for all the property, income and expenses to the heirs or legatees;

8. Making distribution of what is left after payment of all expenses.

The degree of court supervision varies. Usually there is minimal court involvement and the process is called independent administration. However, anyone involved can get the process converted to a supervised administration. In that case almost all acts of the executor or administrator require court approval. This includes acts such as selling, leasing, mortgaging and investing.

Probate proceedings are usually filed in the county where the decedent lived.

For more information on probate, visit Chicago probate lawyer Don Thompson.

The living trust is often marketed as a vehicle that allows you to "avoid probate" upon your death. Probate is the court-supervised process of transferring property at death pursuant to the terms of a will. Many types of property routinely pass outside of the probate process. These include:

•     life insurance or retirement plan proceeds which pass to a named beneficiary rather than your estate

•     real estate or bank or brokerage accounts held in joint names with right of survivorship.

While it is true that the property passing under the terms of a living trust upon the death of the maker of the trust will "avoid probate," it should be noted that there may or may not be actual value in that result. Probate laws are different in every state. In some states there are statutorily mandated court or attorney fees while in others those fees may be minimal. Many states have expedited or simplified court proceedings that are efficient and inexpensive for small or simple estates. A properly drafted will in many states can eliminate some of the steps otherwise required in the probate proceedings. In addition much of the delay and red tape customarily associated with probate is a result of the tax laws and tax filing requirements, which can not be eliminated through a living trust and the avoidance of probate.

A living trust can almost never totally avoid probate and a simple will is needed to "pour over" to the trust any property that has not been transferred to the trust during life.

Property that passes at death through a revocable living trust must first be transferred to the trust, administered by a trustee who may or may not charge fees, and then transferred out of the trust to the beneficiary. These costs and the costs associated with tax filings are often ignored by living trust marketers. There may be other costs as well depending upon the jurisdiction, such as real estate transfer taxes. The comparison of cost between probate and a living trust should be made on a case by case basis.
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Contact Chicago probate attorney Don Thompson for any of your probate issues. He is an experience attorney who is dedicated to his practice and has the skills necessary.

Have as many of these things as possible:

1. The will, if any.

2. Death certificates.

3. Life insurance policies.

4. Names, addresses (including zip codes), phone numbers, Social Security numbers and ages of all heirs and all persons named in the will.

5. Be prepared to describe how the decedent was related to all persons involved, i.e., who was married to whom and what children did they have and who is alive and who is dead and when did they die.

6. Names, addresses (including zip codes), account numbers and amounts owed for all debts of the decedent and any pertinent documents.

7. A list of assets showing type, amount or value, who holds it, account number, and as much other information as possible along with any pertinent documents.

Contact Chicago Probate and Estate Planning Lawyer Don Thompson Today.