Estate Planning, Asset Protection, & Probate

MillerKing LLC represents clients in Estate Planning and Asset Protection, including the drafting of Last Testament & Wills, Health Care Powers of Attorney, Property Powers of Attorney, and Transfer on Death Instruments (TODI). MillerKing LLC meets with each client in a personalized, comfortable, and confidential setting to discuss, review, and analyze unique, legal, and practical solutions. Each client and family have specialized and diverse needs and intentions. Therefore, each estate planning document, such as a Last Testament & Will, is drafted in a customized manner to protect the client’s best interests and to carry out the client’s wishes and intentions.

MillerKing LLC represents clients in Probate Court. This includes the Administration of Estates (opening and closing estates in Wrongful Death cases, probating an Estate with a Will, and probating an Estate without a Will). Also, MillerKing LLC represents clients in Guardianships for disabled adults and minor children in Probate Court.

What is a Last Testament & Will?

In a Will, a person (testator) directs the manner and method of distribution of property – real estate, tangible or intangible, and personal property. The purpose of a Will is to indicate to the Court the manner in which the person wants his or her Estate handled and settled. It is entirely revocable and can remain private until the time of death. The original will must be filed with the Court after the person’s death in a timely manner. The Will names an Executor to handle the Estate administration.

What is Probate?

Probate is a statutory judicial or court process for administering an Estate. There are many types of assets that are not subject to Probate, such as joint tenancy property (property owned together), life insurance, retirement benefits, and trust assets. The Probate Court is the judicial process or court of jurisdiction to determine any claims, disputes, and transfer or passing of assets and property regarding a deceased person’s Estate. Litigation or disputes may arise in Probate Court, such as creditors filing claims or a Will contest. MillerKing LLC represents clients in a variety of Probate Litigation, including representation of Executors, Administrators, or individuals (children).

What is Residential Transfer on Death Instrument (TODI)?

Under 755 ILCS 27/1, et seq., the Illinois statute permits an owner to transfer residential real estate to one or more beneficiaries with the condition that the conveyance does not become effective until the death of the owner. The TODI must be signed and witnessed in a manner similar to a Will and be recorded before the owner’s death. The TODI deed is revocable during the owner’s lifetime. The owner retains and keeps the right to sell or encumber his or her real estate. The beneficiary of a TODI deed must file a Notice of Death Affidavit in the county recorder’s office within 30 days of the owner’s death.

How can MillerKing help?

The Estate Planning process as well as going through Probate Court can be complicated, confusing, stressful, and time-consuming. As a team at MillerKing LLC, we work diligently and professionally with clients to make this process comfortable, confidential, affordable, and understandable. We strive to provide unique, practical, legal, and realistic solutions in the best interest of each client especially for clients who have recently lost a spouse, family member, or loved one.