When your personal injury firm secures a substantial wrongful death settlement running in the millions of dollars for a client who lost their parents, your first instinct is to finalize the release and disburse the funds. If the minor is an Illinois resident, and maybe they’re living with a relative such as an aunt or a grandparent who got physical custody after their parents’ demise, you may assume that having the custodian sign the settlement release is sufficient to ensure that the settlement is locked in. According to the law, the custodian holds the title of “Guardian of the Person” and ensures that the child’s day-to-day affairs go as planned. You therefore go to work at drafting the release, have the guardian sign it, and then send it to the defense carrier in order to have them release the settlement check.
However, doing this may end up being one of the most serious mistakes you could ever make in your legal career. Instead of receiving the check, the defense carrier will reject the release instantly, and in some instances, will accept the document knowing that they are legally invalid, which means that you may be on the hook for malpractice liability as a law firm. According to the Illinois Probate Act, physical custody is not a determinant as to the settling of a financial claim – read on to find out more as an out-of-state attorney navigating the complex world of Illinois Minor Probate.
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.
How to Secure a Bulletproof Release with an Illinois Guardian of the Estate
Defense carriers and their underwriters, always the risk-phobic entities that they are, go over every little detail on the minor’s settlement release, and this includes all signatures. In Illinois, there exists no statutory authority for the Guardian of the Person to bind a minor to a financial settlement or release any liable party from future civil liability. If you disburse funds on account of the signature of a Guardian of the Person, that minor could potentially reopen the lawsuit once they turn 18. This is something defense carriers are aware of, and they will definitely not fund the settlement until the signature is taken care of and legally valid.
Here’s exactly how our firm secures not only the minor’s settlement in Illinois minor probate, but also ensures that your contingency fees are released in a timely manner:
- Appointment of a Guardian of the Estate – We immediately come in as your local co-counsel in order to rectify the release. First, we file a formal Petitio for Guardianship of the Minor’s Estate in the right circuit court in Illinois. We ensure that local background checks are comprehensively carried out, and we secure the necessary Guardian ad Litem, or GAL approvals. This helps us in receiving an approval where the physical custodian becomes a Guardian of the Estate, which enables the minor to be legally bound to the financial settlement.
- Execution of the Minor Settlement Approval Hearing – An Illinois circuit judge must not only review the settlement terms, but they must also approve it. Out-of-state attorneys that try to appear pro hac vice for these hearings usually face hostile local judges who demand that they adhere to county rules that they may not even privy to. Therefore, we eliminate this friction on your behalf, and we used our established judicial relationships in order to defend your full contingency fee as well as ensure that the settlement is approved without having to endure procedural hurdles.
Best Illinois Minor Probate Referral Law Firm – Call Us Today!
If you finalized a minor’s settlement and are looking to hand over the same to the guardian who currently lives in Illinois, you have a friend in McCready Law. We are the go-to referral law firms for out-of-state attorneys afraid of making expensive mistakes when it comes to Illinois minor probate concerns. Do not risk your highly earned contingency fee – call us NOW at (314) 481-63338 so we can go over the fees related to our service, and take the load off your shoulders so you do not have to face the unknown legal giants in Illinois. Remember, the call is 100% FREE, and cases can be settled at most, in just under 30 days. Thanks for choosing us, and we look forward to hearing from you.