Most Wisconsin residents choose to write a will to designate the people who will receive their assets after they have died. It is a probate attorney in Moline IL who will protect the interest of the person who has died by seeing that their wishes are carried out. If the will is contested, it is the probate lawyer’s responsibility to defend the decedant’s wishes in court. The death of a family member or close friend is usually a very emotional time. Children, especially if they are younger, may not understand the probate court process. The lawyer will help them find their way through this maze.
Sometimes the probate attorney Moline IL is also the executor of the will. An executor is the person who carries out the instructions of the will. They contact the beneficiaries and hand out the assets. They may be responsible for selling a house and then giving the proceeds to several family members and friends. If any of the heirs or relatives dispute the will, it is the probate attorney who will defend the will in court. Of course he and the executor will work closely together if they are different people.
Ultimately it is the probate court judge who is responsible for making sure that the will is enforced. He may question either the probate attorney or the executor about portions of the will and how they will be carried out. All of these proceedings will happen either in a court room or in judges chambers. That’s why the executor who may be an accountant or just a good friend, needs to have a probate attorney to depend upon.
If the probate attorney is also the executor, they may not be listed in the will as a beneficiary. This is to preclude any conflict of interest. The attorney acting as an executor will receive two fees. One for representing the will in probate court and one for carrying out te instructions of the will. A probate attorney can also be hired by a beneficiary to speed up the process or to argue that the executor is not doing their job properly.
