If you’re reading this, you have mostly likely just finished a grueling wrongful death case in your home state where an Illinois resident lost their life in a truck accident. After months of grueling litigation, expert discovery and depositions, the defense carrier finally concedes and releases the million-dollar settlement as per the policy limits. You have probably already received the check in the firm’s trust account, and are ready to disburse it to the family, which are usually the surviving spouse and the surviving children so you can close the case and move on to another pressing legal matter. Due to the amicable and reasonable nature of the family, you make the mistaken assumption that all you’ll need to do is draft a private distribution agreement and instruct the surviving spouse and children to sign off against the various percentages apportioned to each, and then finally cut the checks.
However, if the deceased leaves minor children, and specifically from a previous marriage, this private agreement is essentially null and void in the eyes of the law. According to the Illinois Wrongful Death Act, out-of-state counsel simply cannot independently disburse the proceeds of a settlement. Illinois law makes it forbidden for the family to personally divide the money themselves and instead institutes what is known as an evidentiary “dependency hearing” in probate court. Should you attempt to disburse these funds without a customized Illinois court order, a disgruntled family member can as well sue your firm for breach of fiduciary duty. If you’re currently navigating this predicament, read on to find out how McCready Law can prevent this problem for your law firm as well as speed up the probate process on your behalf for a reasonable fee.
Are you looking for the best Illinois probate attorney for minor settlements? Please call the best probate attorneys at McCready Law NOW at (314) 481-63338 to learn more about how we can help you obtain Illinois court approval for your minor settlement. The experienced Illinois probate attorneys at McCready Law bring to the table combined experience spanning over 90 years where we have helped attorneys from across the country navigate the Illinois probate system with speed, efficiency, and reliability. To date, we have recovered over $500 million for our clients, and our expertise in all areas of the law as well as our personable and efficient approach place us at a level that is unheard of in probate law. We take on cases on an agreed-upon flat fee basis, and the first call to us is consulted on a 100% FREE basis.
Regardless of where you are in the country, McCready Law can assist with your Illinois probate minor settlement approval, and we will handle the entire process from start to finish so you can focus on your practice while we handle the Illinois court approval. Need to speak to someone regarding the potential for a fast and efficient Illinois probate approval? Call us NOW at (314) 481-63338 to learn more about our flat-fee probate services – our intake coordinator is standing by to route your call to one of our experienced attorneys.
Illinois Dependency Hearing and Settlements Disbursement – What You Must Know
While most states require that wrongful death proceeds be distributed via traditional estate distribution schedules, Illinois operates in a slightly different manner: our laws state that settlement proceeds must be allocated strictly according to the financial dependency of each next of kin that is eligible.
Here’s how our firm manages this requirement so your funds can be disbursed in a timely manner:
- Calculation of Statutory Dependency Percentages – We take total ownership of the local allocation phase as per 740 ILCS 180/2. The court is legally required to evaluate both the loss of society suffered by each surviving individual and the financial dependency. In cases where there are blended families or minor children that have different years of minority, you cannot use a simple formula or a one-size-fits-all solution. Therefore, we compile all necessary financial affidavits, and calculate the projected dependency timelines, and come up with a legal petition which shows equitable distribution. By doing this, any possible family friction is mitigated right out the gate, and the judge is therefore more amenable to signing a reasonable and well-thought-out order.
- Management of Guardian ad Litem for Minor Beneficiaries – whenever there are minor children counted into settlements, the Illinois circuit court will appoint a Guardian ad Litem or GAL in order to ensure the interests of the minors are protected. Should an unfamiliar GAL be appointed, disbursements may be delayed for months, and parties may challenge the allocation percentages. We work closely with court-appointed GALs in order to ensure they have the right documentation needed before they attend hearings. By addressing any legal concerns upfront, we ensure that there are no surprises from the docket, helping your file move through the system faster.
Best Illinois Minor Probate Referral Lawyers – Call Us Today!
If you’re an out-of-state attorney thinking of going it alone after securing a settlement for the decedents of your client that lost their life after a catastrophic accident or injury, DON’T. Let us put our over 100 years of collective litigation experience and vast connections within the Illinois Cook County circuit court to work for you so we can streamline the process and have your contingency fee released in record time. If you’d like to know more about our referral program for out-of-state lawyers handling Illinois minor probate, simply give us a call NOW at (314) 481-63338 to speak with one of our friendly and experienced attorneys. Remember, the call is 100% FREE, and there is no legal obligation. Thanks for choosing us, and we look forward to helping you.