Legal Question in Wills and Trusts in Illinois

My dad's assets are $15,000 and his will was revised January 2014 to be split among 3 parties. The lawyer says his estate now needs to go through probate. With his estate less than $100,000 how much of the $15,000 should I expect to pay the lawyer?


Asked on 3/04/14, 2:07 pm

2 Answers from Attorneys

Henry Repay Law Offices of Henry Repay

Although the estate falls below the small estate threshold, there may be very legitimate reasons the attorney is recommending probate. The expected fees should be explained to you. Generally, the fees would depend on the time involved, which may depend on how easily the estate can be administered (cooperation among legatees, number of creditors, filing of taxes, ...). In addition, you should be sure you understand why the attorney is recommending probate. It sounds like he or she has told you it is necessary, but that the basis for the recommendation was not discussed. If you are speaking with his attorney, understand that you may consult others if you feel more comfortable. If the cost of administration is not worth it, you may wish to reconsider whether to pursue the matter.

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Answered on 3/04/14, 2:36 pm
Virginia Prihoda Law Offices of Virginia Prihoda

Did your father own any real estate? Ask "the lawyer" why he or she is recommending probate.

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Answered on 3/04/14, 7:39 pm


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