Honored to have made the list for the fifth year in a row.
At The Law Offices of David L. Freidberg, P.C., the premier Chicago criminal defense lawyers, we pri The law offices of David L. Mr.
Freidberg, the premier Chicago criminal defense attorneys, will do much more than simply hold your hand and walk you slowly through the criminal justice system. We will fight for your rights at every stage of the process. Freidberg’s more than 17 years of legal experience will prove invaluable as he works in tandem with clients to get the best possible results.
Honored to have made the list for the fifth year in a row.
PETITIONS TO EXPUNGE/SEAL: Special Promotion. From today until May 18, 2020, special pricing will be $500.00 plus any applicable filing fees. Regular fee is $750.00 There is an additional fee if an objection is filed which requires a hearing. Please feel free to call or text me at 312-560-7100 or [email protected]
The Conona Virus / Covid 19 Pandemic has uprooted our daily routine. We understand that many people are still going to have to deal with the challenges of navigating the legal system. As always, we remain ever represent for your legal requirements. Have your representation ready for when Court resumes.... Do not hesitate to call or text us at 312-560-7100 or send an email to [email protected], we are available 24/7 for your needs.
Once I again I was selected as a Superlawyer for 2020. I have to say I am proud to have garnered such a prestigious award again. https://profiles.superlawyers.com/illinois/highland-park/lawyer/david-l-freidberg/269b4b54-17bc-417f-a0c0-dc023191bcaa.html
David Freidberg is one of the top rated Criminal Defense attorneys in Highland Park, IL. He has met the stringent Super Lawyers selection criteria.
Case: 19 OP 756XX
Case Conclusion Date: November 6, 2019
Practice Area: Domestic Violence
Outcome: Petition for Stalking/No Contact Order DENIED
This one is a bit more interesting, a bit of a love triangle in which I represent the Respondent in the fight against a Stalking/No Contact Order. There were a few allegations in the Petitioner's Petition but the most "damaging" one is that it was alleged that my client came to the Petitioner's house, banged on the door, and after receiving no answer, proceeded to kick the door a few times. She then went around to the side of the house and kicked a window and broke a screen. Well, turns out the Petitioner has a video doorbell camera, which did in fact show my client committing these acts of aggression. So maybe an uphill battle you think? Not really.
Here comes the triangle... Petitioner at the time of these incidents is married to a gentleman; we'll call him "Bob". Turns out, while Bob is married to the Petitioner, he meets the Respondent on some online dating site. It gets better. Bob gets the Respondent pregnant and she has his baby. The Petitioner eventually becomes aware of this but as of today's date, they are still married and live in the same home. The child lives with the Respondent but now attends school in the same neighborhood in Chicago as the Petitioner and Bob. And because it is Chicago, the child must live in the neighborhood, so the Respondent now moves into their neighborhood.
Petitioner is unhappy with this situation and starts looking at Bob's text messages with Respondent and causing issues at home. Long and short of it, Respondent did not come to the house to see Petitioner, she came to see Bob. So there is no stalking. Petitioner also attempted to bring up other incidents that were not laid out in her Petition, which is impermissible in civil practice and all of my objections were sustained as to any other incidents. Petition was denied.
Free Consultation - Call (312) 560-7100 - The David L. Freidberg aggressively represent the accused against charges in Crime & Criminal cases. Chicago Stalking Defense Lawyer - Cook County Crime Lawyer
Case: 18 OP 79###
Case Conclusion Date: October 3, 2019
Practice Area: Domestic Violence
Outcome: Petition for Stalking/No Contact Order DENIED
More often than not I represent the Respondent in the fight against an Order of Protection or Stalking/No Contact Order, as in this case. Respondent was a 50-something professional stylist that just did not get along with her co-worker. Arguments ensued at work and at one point escalated to physical contact. An additional aggravating factor is that the police were called and my client was arrested and charged with battery - which is a criminal misdemeanor, which carries a possible sentence of up to a year in jail if convicted. Obviously my client was not going to take a plea of guilty on the criminal matter and it was set for trial, which with my help she won.
Then came the hearing for the Stalking/No Contact order. What is very important, that many do not understand, is that a Stalking/No Contact order can only be entered if there are at least two instances of stalking or interfering with personal liberties in a certain manner. After testimony from both sides I argued that stalking cannot occur when said allegations occur within the workplace where both parties are employed. It is a legal impossibility. The Court correctly agreed and the Petition for No Contact was denied.
Free Consultation - Call (312) 560-7100 - The David L. Freidberg aggressively represent the accused against charges in Crime & Criminal cases. Chicago Stalking Defense Lawyer - Cook County Crime Lawyer
Case: 18 CR 148XX
Case Conclusion Date: September 25, 2019
Practice Area: Criminal Defense
Outcome: Reduced from Felony to Misdemeanor with No Conviction
Client was charged with FELONY Aggravated Battery with Great Bodily Harm. This charge is a Class 3 Felony and carries a possible sentence of two to five years in the Illinois Department of Corrections (Prison). In a nutshell, while attending a carnival at a local Chicago high school, the complaining witness (victim) was attacked my multiple individuals who wrestled him to the ground, stomped on his head and kicked him multiple times about the face and body. There was no question as to whether a battery was committed or that great bodily harm was incurred. The victim suffered multiple fractures and contusions to his face and body. Luckily he eventually fully recovered and appeared in court at the trial. Now, the issue is whether or not MY client committed aggravated battery with great bodily harm. There were multiple cell phone videos provided by the state, taken by bystanders with the cell phones, that clearly show my client involved in the altercation. But, my client only entered into the fray at the end of the fight and only kicked the victim 3 times in the legs.
We prepared a mitigation packet for the State's Attorneys Office to review in the hopes of a reducer to a misdemeanor charge of battery, not a felony. The State reviewed the packet and spoke with the victim's mother about a reduced charge. She would not agree and wanted someone to pay for her sons' injuries. Part of the problem is that the other individuals arrested were juveniles and were not on trial with my client in the "adult" court. As such, we had no option other than to go to trial. There was no question that my client committed a misdemeanor battery, but in my mind, it was not a felony.
Just before the trial started, the State's Attorney came to us with an offer of a reducer for a misdemeanor charge but also requested restitution for the victim's medical bills. I discussed the offer with my client and suggested he reject the offer as he was not responsible for the injuries the victim incurred. He agreed and we wen to trial.
At trial, the video was played of the incident for the judge, the victim and another few witnesses testified and at the end of the State's portion of the trial, I made a motion for directed finding stating that the State has not proven beyond a reasonable doubt that a felony aggravated battery was committed by my client. The judge agreed and granted my motion as it pertained to the felony count and allowed the trial to continue based solely on a lesser included offense of misdemeanor battery. After discussing with my client as to whether he should testify, suggesting he not, he agreed and we rested out portion of the case. Finding of guilty only on a misdemeanor charge. Sentence was 18 months of court supervision, which is NOT a conviction and can be expunged two years after supervision is terminated.
Case: 18 OP 791XX
Case Conclusion Date: June 11, 2019
Practice Area: Order of Protection
As if often the case, I was contacted by a Respondent in a Petition for Order of Protection matter. The Petitioner made allegations that my client, on more than on occasion, struck her in the head, grabbed her about the body and made insulting remarks to her. After a careful review of the file and even interviewing the Petitioner in court, it became clear that her allegations were nothing more than that. My client was adamant about proceeding to a hearing and the Court set a date. At the hearing date, I again spoke to the Petitioner about the case and her chances of prevailing on her Petition. Apparently she took my advice to heart and when the case was called for the hearing, she dismissed the matter and I was able to have the Emergency Order of Protection entered previously vacated.
Very honored to be honored again for 2020... https://profiles.superlawyers.com/illinois/chicago/lawyer/david-l-freidberg/269b4b54-17bc-417f-a0c0-dc023191bcaa.html
David Freidberg is one of the top rated Criminal Defense attorneys in Chicago, IL. He has met the stringent Super Lawyers selection criteria.
19 DV 72###
Case Conclusion Date: 04.16.2019
Description: It never helps to lie. My client was charged with assault and domestic battery against her roommate. Allegedly my client got into an altercation with the "victim" when she tried to move her dining room table back into the dining room after the victim moved it. The undisputed facts are that while the victim was shoving the table into my client, my client grabbed a hammer off the table and threatened her with it. The victim claimed that my client also grabber her by the wrist, thus the domestic battery charge. That was the entirety of the allegations. The States Attorney offered my client court supervision, which I conveyed, and after discussing the ramifications of such a plea with my client, she opted for a trial, smart choice. At the trial the victim testified that not only did my client threaten her with the hammer and grab her wrist, she also threw shoes at her, shoved her into the closet clothing organizer AND actually hit her in the midsection with the hammer. None of this was stated to the officer or in his sworn report. Luckily the officer was in court and upon cross examination, confirmed this lack of information and the victim was impeached. At the close of the State's case, I motioned for a directed verdict which was granted. The Court did not believe a word of the victim's testimony after she was caught lying. NOT GUILTY
Super Lawyer to the rescue! https://attorneys.superlawyers.com/search?ls=&fs=&ac_locality=&ac_province=&q=freidberg&l=chicago
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations. Learn More »
nice to be recognized... https://www.expertise.com/il/chicago/dui-attorney
Find and connect with Chicago's best DUI Lawyers. Hand picked by an independent editorial team and updated for 2018.
Find and connect with Chicago's best Criminal Defense Lawyers. Hand picked by an independent editorial team and updated for 2018.
17 OP 07359
Case Conclusion Date: 07.25.2018
Practice Area: Domestic violence
Outcome: Order of Protection DENIED
Description: My client, the Respondent, is the subject of an Order of Protection filed against him by his own mother. My client owned the property where they were both residing, in separate units, when he decided he wanted to sell the property. His mother refused to move and my client was forced to start eviction proceedings against her. In retaliation, and to stall the eviction process, his mother filed for this Order of Protection. Her attorney attempted to settle the matter but we refused based on the grounds that it would impact the eviction proceedings negatively towards my client. The matter was set for hearing. At the hearing I proceeded to question his mother, the Petitioner, about her actions towards my client AFTER the Order of Protection had been filed. Not only did she contact him numerous times via telephone (records presented at the hearing), but she also accosted the air conditioner repairman when he came to fix her air conditioning unit. The entire purpose of an Order of Protection is to prevent contact between the parties, which clearly she violated. After her testimony I asked the judge for a directed finding, which means that the Petitioner did not present enough evidence for the burden to shift to my client. The judge granted my motion, Order of Protection was denied and my client did not even have to testify on his behalf.
What are the causes of domestic violence? https://www.chicagocriminallawyerblog.com/what-are-the-causes-of-domestic-violence/
In June of 2018, Chicago police discovered over 1,500 pounds of ma*****na during a traffic stop. The street value of the drugs is just over $10 million. The use of a drug dog from the narcotics ...
Aggravated battery of a police officer is a serious crime. Chicago judges and law enforcement are especially harsh on these cases. If you were recently charged with this crime, it is important to ...
Representing Yourself in a Criminal Case is Never a Good Idea
by Law Offices of David L. Freidberg, P.C.
Facing criminal charges in Chicago is always a scary situation, even if you have been charged with a crime in the past. Each instance is different because you never know what could come of the charges. One of the most important things you need to know is that representing yourself in a criminal case is never a good idea and you will see why with the reasons explained in this post.
Lack of Law Knowledge
First and foremost, you will not have the depth of knowledge of the law that a criminal defense attorney has. This is one of the most important skills you should have if defending yourself in court. It is likely you have no legal education, which means you will have trouble with legal terminology, court proceedings, how to introduce evidence and what to argue in defense of your rights in order to remain a free person. Your lack of knowledge of the law will not be tolerated in the least bit by the judge.
Appropriate Courtroom Behavior
Lawyers are trained in appropriate courtroom behavior, which includes how to speak to a judge, interact with a prosecutor, talk to witnesses and speak to the jury during opening and closing statements. Courtroom behavior is important, and when you do not have the proper training, it could lead to outbursts and speaking out of turn. This can cause a judge to rule that you are in contempt of court. This will not help your case.
Time is Not on Your Side
Time is not on your side when charged with a crime in Chicago. Depending on the severity of the charge and if you were able to post bail or not, you very well could be sitting in a jail cell from the minute you are arrested. This does not give you the freedom needed to speak with witnesses, interview officers, collect evidence, file paperwork or do anything else required of a criminal case.
No Access to Expert Witnesses
A lot of criminal cases that reach trial include the use of expert witnesses. These are people who are experts in their fields who can provide testimony regarding various issues with the crime committed. You likely do not have access to expert witnesses, which can be very helpful to having the charges against you dropped if they provide substantial testimony on your behalf.
No Experience with the Prosecution
A criminal defense attorney has experience arguing cases in court against the prosecution. More often than not, the attorney will have a track record of cases with the prosecutor assigned to your case. Having a working history with the prosecutor on your case can help move things along, especially if the criminal defense attorney knows what it takes to secure a plea deal or even have the charges dropped. It is likely you have never even met the prosecutor assigned to your case until you were charged with the crime.
The Intricacies of the Law and Recent Changes
It is part of an attorney’s job to study the intricacies of the law and keep up with all of the recent changes. This helps them avoid any surprises at an arraignment and then if the case goes as far as sentencing. You do not have the time or tools needed to study the intricacies of the law or any recent changes made, especially if you are sitting in a jail cell waiting for the trial to start.
Were you charged with a crime in the Chicago area? If so, it is in your best interest to have an experienced criminal defense attorney represent you every step of the way so you do not risk your freedom. David Freidberg can walk you through the defense of your crime and answer all of your questions. Call the office at 312-560-7100 to schedule a consultation today.
What Should I Expect at Sentencing?
Being charged with a crime brings a lot of stress and worry with it. You never know what will come of your case, especially if it goes to trial. Should the case go to trial and you are convicted of the crime, you will then need to attend a sentencing hearing in front of the judge. This is an important hearing because you are learning your fate. You will find out how long you will be sentenced to jail, if any fines will be levied, and if you can avoid any jail time. Here is what you can expect at a sentencing hearing.
The Length of the Hearing
For the most part, the sentencing hearing will not take very long. This is a process that should only last a handful of minutes. All the judge needs to do is read through the pre-sentence report that was created by the probation office. The judge will then listen to arguments made by the criminal defense attorney, the prosecutor, and sometimes the defendant and/or family members of the victim.
The sentencing hearing could very well take a matter of minutes if the judge is simply putting a stamp on a deal agreed to previously. If there was no deal made during plea negotiations, the sentencing hearing could last close to an hour or longer since there will be arguments made by the prosecutor and defense attorney.
Arguments from Those in Attendance
There will be arguments made by multiple people in attendance before the judge issues the sentence for the defendant. These arguments are typically made to either defend or question the pre-sentencing report issued by the probation office, which the judge uses as a guideline for sentencing.
The prosecutor will speak and recap the reasons why everyone is in the courtroom. The defense attorney will speak out against the recommended sentencing and try one last time to paint the client in a good light. The defendant might be asked to speak about his or her situation and if the sentencing is for murder, the victim’s family will likely also speak.
The Victim Impact Statement
It has been mentioned before, so let’s take a better look at what the victim has to say during the sentencing hearing. This is what is known as the victim impact statement. The victim’s family members will speak to the judge in the hopes that the defendant will receive the toughest sentence possible. Most victims will talk about the impact the crime has had on their lives, how they have struggled emotionally to recover, and how their family has been financially affected by the loss or injury to their loved one. A victim impact statement will also be provided to the probation office so it can be included in the pre-sentence report.
After all the parties in attendance make their statements to the judge, he or she will then take everything into consideration before issuing a sentence. This includes the statements made, your behavior during the trial, the pre-sentence report provided by the probation office and the severity of the crime committed. The judge will issue a sentence that could include jail time, fines, probation and other penalties depending on the crime and the statements made during the hearing.
Are you facing criminal charges stemming from a violent crime or federal crime in Chicago? It is important to protect your rights and your freedom when charged with a crime by speaking with an experienced criminal defense attorney about your case. David Freidberg can explain the legal process to you and give you an honest review of the charges levied against you. Call the office at 312-560-7100 to schedule an appointment today.
Recent studies show that hate crimes in Chicago have increased by 20% between 2015 and 2016. New police data show that hate crimes are at a five-year high and have outpaced previous years. In fact, data show that since the last election, the number of victims of hate crimes has increased. People are treated differently, and the social dynamics of the city are shifting. Most hate crimes reported in the city have historically been toward gay men and blacks, but now they are increasingly toward Arabs, Muslims, and Hispanics. News reports continue show videos of city dwellers confronting women and men for wearing shirts that support other nations, other religions, and other races.
What Constitutes a Hate Crime?
Legally, hate crimes are any crimes motivated by some form of bias. Hate crimes are violent acts that target groups or individuals based on an identifier such as nationality, race, sexual orientation, or religion. Someone can be charged with committing a hate crime when he or she acts violently against a religious establishment or house of worship based solely on the nature of that institution. Expert attorneys know the latest changes that Illinois lawmakers have put into effect regarding these violent crimes.
Prosecuting these crimes requires two steps. First, it must be proven that the defendant committed the offense. Second, it must be proven that the defendant acted maliciously based solely on the identifying characteristics of that group or person. In other words, the prosecution must prove not only that someone committed a violent crime, but that they did so because of race, religion, nationality, etc.
Hate crimes bring with them a social stigma and are regarded as one of the more severe crimes. Everyone, nonetheless, is entitled to the best possible defense, and therefore, it is critical to find an attorney who will protect the rights of every person, including the person charged. The prosecution often zealously pursues hate crimes and penalties for those charged with hate crimes are severe.
Why You Need a Seasoned Attorney
With so many crimes happening every day, and so many nuances in the law, it is best to have an expert attorney by your side to help you when you need to prepare against a hate crime charge or litigate when you are the victim of a hate crime. If you have been involved in a hate crime, you want someone who will work with you, learn the ins and outs of your case, and make sure you are treated fairly regardless of what took place. You want someone who will advocate for you aggressively no matter the circumstances and examine each piece of key evidence brought to court. Do not settle for anything less when freedom and personal rights are on the line.
Our team of high-end attorneys is familiar with the nuances of hate crime litigation and more. Do not rely on someone recommended by your friend or an ad you saw on television. Work with a professional who understands the ins and outs of Chicago law, who specializes in hate crime litigation, and knows the lay of the land. We work hard to prepare your case to get you the best possible outcome.
Whether you need help defending yourself, or you want justice after the fact, we are here to help with hate crimes in Chicago. David Freidberg can provide fast and easy consultations to determine how best to lend a legal hand. Contact us today at (312) 560-7100 to schedule your consultation.
In Bloomington, a verdict hangs in the air around a 2016 home invasion case. An armed robbery occurred in the home of a Bloomington couple, and the defendant is being charged with attempted murder, armed robbery, home invasion, and a weapons charge. One member of the group of three posed as a pizza delivery man and made his way into the home, at which point the group demanded $40,000 in cash from the couple. While the details of the cash remain contested, and the total number of men involved and their degree of involvement is debatable, what remains clear is that home invasion happens all too frequently. When it does, victims need an attorney with a history of fighting criminal issues in Chicago.
How to Find a Good Attorney
If you are facing a similar situation, or you too have faced a home invasion case recently, whether as the victim or the defendant, you need legal help. Hiring just any attorney will not do. You need an expert in Home invasion laws. Expert attorneys know the latest changes that Illinois lawmakers have put into effect regarding home invasions. By definition, home invasion differs from other violations in that it only covers entering an inhabited dwelling and causing injury. However, it can also cover entering an inhabited dwelling and using or threatening to use force while armed. In the case of the latter, you might need an expert in weapons cases to lead the charge in your favor after a home invasion.
How the Laws Have Changed
Traditionally, the definition of burglary was breaking and entering into someone’s home, at night, with the intent to commit a felony while inside. Today, in Illinois, merely entering a building without permission but with the intent to commit a felony is punishable.
Residential burglary takes place when someone enters a home with the intent to steal. This can be something as simple as a television. A dwelling, by definition, can be anything from a trailer, RV, home, apartment, etc., as long as someone is currently living inside. If violence takes place, then the situation becomes decidedly more serious.
One does not have to commit burglary for it to be a punishable offense. Just entering a dwelling and intending to do so is punishable. Sending a message, telling a friend, or starting to steal then stopping once police arrive on the scene are all grounds for intent. Even if someone attempts to commit a crime, but then are stopped by the police in the dwelling, the act can still result in a conviction.
With so many changes to definitions, so many new punishable offenses, and so many nuances in the law, having an expert attorney by your side can help you prepare yourself against a charge or prepare to litigate after your home was burglarized.
Seasoned attorneys will be familiar with all these changes and more. You do not need to know the ins and outs of the changing rules. You need a professional who does. With a professional attorney by your side, you can rest assured that your needs will be represented in court and before a judge. Our experts will work tirelessly to defend you so that you have a higher chance of a favorable outcome with your home invasion case.
Whether you need help defending yourself, or you are seeking justice after the fact, we are here to help. David Freidberg can provide fast and easy consultations to determine how to help you win your case. Contact us today at (312) 560-7100 to schedule your consultation.
Consequences for Crimes Committed During Probate of Estates in Chicago
The entire process of probate in Chicago is based on the premise of agency and trust. Those who abuse the powers that are given during the probate process may face prosecution for crimes of dishonesty such as theft. Indeed, the breach of trust is an aggravating feature in any prosecution.
This is an important law for everyone because it is one which all are bound to encounter either as representatives or in absentia as the deceased at some time in their lives. Wrongful conduct during the probate process can lead to family strife as well as the possibility of a criminal prosecution. The statutes are clear about responsibilities and limitations, and over time the courts have set out general rules on how they handle such cases.
Basics of Probate Law in Chicago
The basic assumption of the law is that when a person dies, his or her family and heirs should be able to collect any property in an orderly and lawful manner. This may include the following tasks:
Detailing all the assets that the deceased had
Identifying all their debts and ensuring that they are paid off
Dealing with the death duties and taxes
Ensuring that there are sufficient funds to deal with all the funeral expenses
Notifying all the interested parties about the death and the process of probate
Ensuring that the remainder of assets are distributed fairly and lawfully, bearing in mind the expressed wishes of the deceased
The process also serves to protect the state from having to pick up the pieces when the family members run off with the assets without dealing with any of the liabilities that the deceased person left behind. The laws may also help in a criminal defense if there is a prosecution. Typically, a named executor or a member of the family will begin the probate process. This normally happens shortly after the death (but not too soon because of the potential for strife).
Formal and Informal Procedures
Some estates are so small in terms of their total value, that it does not seem sensible to go through the entire complicated formal process. If this is the case, the person who is acting as an executor can follow simple procedures that are agreed upon by the rest of the family. The new laws were specifically put in place to allow for this relatively informal procedure. Regardless of the informality of this type of probate, it is expected that the executor will act in good faith and not use the process for unjust enrichment through corruption.
Sometimes there is a disagreement about who should take charge of the probate proceedings. At other times, the estate may be victimized through white collar crimes by conmen. When the deceased has not named an executor in the will, there is an established order of preference as to who gets the first shot at it as follows:
A spouse or partner
Those who have been given a legacy in the will, with children and descendants getting the first pick
The deceased’s children who are not named as inheritors in the will
The deceased’s grandchildren who are not named as inheritors in the will
Parents of the deceased
Siblings of the deceased
Your lawyer should be able to give further guidance upon request.
Court Involvement in Probate
Consequences for Crimes Committed During Probate of Estates in Chicagoben-white-194220-copy-300x200The entire process of probate in Chicago is based on the premise of agency and trust. Those who abuse the powers that are given during the probate process may face prosecution for crimes of dishonesty such as theft. Indeed, the breach of trust is an aggravating feature in any prosecution.This is an important law for everyone because it is one which all are bound to encounter either as representatives or in absentia as the deceased at some time in their lives. Wrongful conduct during the probate process can lead to family strife as well as the possibility of a criminal prosecution. The statutes are clear about responsibilities and limitations, and over time the courts have set out general rules on how they handle such cases.Basics of Probate Law in ChicagoThe basic assumption of the law is that when a person dies, his or her family and heirs should be able to collect any property in an orderly and lawful manner. This may include the following tasks: Detailing all the assets that the deceased had Identifying all their debts and ensuring that they are paid off Dealing with the death duties and taxes Ensuring that there are sufficient funds to deal with all the funeral expenses Notifying all the interested parties about the death and the process of probate Ensuring that the remainder of assets are distributed fairly and lawfully, bearing in mind the expressed wishes of the deceasedThe process also serves to protect the state from having to pick up the pieces when the family members run off with the assets without dealing with any of the liabilities that the deceased person left behind. The laws may also help in a criminal defense if there is a prosecution. Typically, a named executor or a member of the family will begin the probate process. This normally happens shortly after the death (but not too soon because of the potential for strife).Formal and Informal ProceduresSome estates are so small in terms of their total value, that it does not seem sensible to go through the entire complicated formal process. If this is the case, the person who is acting as an executor can follow simple procedures that are agreed upon by the rest of the family. The new laws were specifically put in place to allow for this relatively informal procedure. Regardless of the informality of this type of probate, it is expected that the executor will act in good faith and not use the process for unjust enrichment through corruption.Sometimes there is a disagreement about who should take charge of the probate proceedings. At other times, the estate may be victimized through white collar crimes by conmen. When the deceased has not named an executor in the will, there is an established order of preference as to who gets the first shot at it as follows: A spouse or partner Those who have been given a legacy in the will, with children and descendants getting the first pick The deceased’s children who are not named as inheritors in the will The deceased’s grandchildren who are not named as inheritors in the will Parents of the deceased Siblings of the deceasedYour lawyer should be able to give further guidance upon request.Court Involvement in ProbateThe courts were seen as supervising authorities for the probation process when the laws were being written. It is anticipated that the courts will only weigh in if there are irregularities and disputes. It is quite common for people who have been given power of attorney or executors of a will to face legal challenges and even prosecution. In this case, the services of a qualified attorney are essential. Contact David Freidberg Attorney at Law at 312-560-7100 for further advice if you are facing this type of situation.ess when the laws were being written. It is anticipated that the courts will only weigh in if there are irregularities and disputes. It is quite common for people who have been given power of attorney or executors of a will to face legal challenges and even prosecution. In this case, the services of a qualified attorney are essential. Contact David Freidberg Attorney at Law at 312-560-7100 for further advice if you are facing this type of situation.
The entire process of probate in Chicago is based on the premise of agency and trust. Those who abuse the powers that are given during the probate process may face prosecution for crimes of ...
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