Divorce can complicate everything, and nowhere is this more prevalent than during probate involving a minor whose settlement requires court approval, but the parents simply cannot seem to come together in the best interests of the child. The Illinois Probate Act is of the assumption that the parent or guardian will do what is right for the child, but the reality is that divorce adds a whole new layer of complication since there is more often than not competing financial needs, conflicting loyalties, and in a lot of these cases, blatant hostility between the parties.
Because the probate court does everything in its power to ensure that the minor’s welfare is taken care of, they will not think twice appointing a guardian ad litem, and in some extreme circumstances, a neutral third-party fiduciary if the parents simply cannot agree on a distribution plan. In this post, we’ll take a look at what exactly happens in minor probate in cases where the parents are divorced from each other, who has the authority to approve the settlement, as well as how we, McCready Law, can help out-of-state attorneys navigate these hurdles so that the family conflict does not sabotage the entire process, and you’re able to close this file and move on to other pressing legal matters in the shortest amount of time possible.
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.
Legal Authority When It Comes to Settling a Minor’s Claim – Who is Responsible?
The Illinois Probate Act is not in the business of giving both divorced parents equal authority when it comes to settling a minor’s claim, and this determination is usually contingent upon specific custody requirements as well as the guardianship arrangements that have been laid out at the time of the settlement. According to 755 ILCS 5/11-13, the court is required to appoint a guardian ad litem for the purposes of representing the minor’s interests during the settlement approval process, and the role of this individual becomes more acute when the parents aren’t seeing eye to eye when it comes to the child and their future.
Here’s what you need to know:
- The parent that has sole legal custody will usually be appointed as guardian of the estate with regard to settlement since they are tasked with the power to make major decisions on behalf of the minor. In order to effectuate this, they will require custody order paperwork.
- If the parents have joint legal custody, both parents will be required to consent to the settlement by the court, unless one parent is unwilling, unavailable, or has been found to be acting against the best interest of the minor.
- If there is acrimony between the parents, the court will more often than not appoint a guardian ad litem to investigate the minor’s major issues, talk to both parents and then provide a recommendation to the court regarding the appropriate distribution of funds.
Best Illinois Probate Referral Attorneys – Call Us Today!
At McCready Law, we fully understand and appreciate the fact that divorce adds an extra layer of complexity to a process that is already fraught with procedural red tape and delays. It is for this reason that we would like to provide you with a way within which to streamline the probate process for Illinois minors if you’re an out-of-state attorney and don’t want to deal with the headache of flying into the state, tracking down GALs, reading up on the Illinois Probate Act and having an understanding of the nuances surrounding Illinois minor probate in general. Please call us NOW at (314) 481-63338 to learn more about our streamlining process and how we handle the approval process for you from start to finish so you can focus on other pressing legal matters, all done on a fair fee. Thanks for choosing us, and we look forward to hearing from you.