When someone passes away with an estate that needs to go through probate, it is necessary to provide notice of the proceedings to all of the decedent’s heirs.
The term ‘heirs’ is defined by Illinois law and depends on the deceased person’s family tree at the time they passed away. Even if you have a will that specifically excludes certain natural heirs, it is still necessary to give those heirs notice of the proceedings. This can obviously lead to uncomfortable or tense situations when someone has been excluded from a family member’s estate but they are still being sent information about the case.
One way to avoid this issue, is to set up a trust that can hold your estate and that names your preferred beneficiaries. A trust is not publicly filed and is generally not subject to probate or any other court proceeding.
If you would like information about setting up your estate or trust, call me at 815-838-6199