O'Flaherty Law of Naperville

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O'Flaherty Law of Naperville Your community law firm. At O'Flaherty Law of Naperville, we are your community law firm.

we are committed to providing personalized, efficient, and quality legal service. We pride ourselves on our "above-and-beyond" approach to client care, affordable fees, and communication. Please call us today at (331)330-7466 to schedule a free in-person or phone consultation. Our team has experience in many areas of law including but not limited to Divorce & Family Law, Estate Planning, Business, Corporate & Contract Law, Litigation & Dispute Resolution, Probate & Estate Administration, Immigration, Real Estate Law, Bankruptcy, and Elder Law, Special Needs Law and Guardianship.

What Happens If Someone Contests the Will?A will contest can turn an otherwise straightforward probate case into a much ...
09/26/2026

What Happens If Someone Contests the Will?

A will contest can turn an otherwise straightforward probate case into a much more complicated matter.

Someone may challenge a will by claiming, for example, that the person who signed it lacked the required mental capacity, was improperly pressured, or that the document was not properly executed.

A disagreement does not automatically mean the will is invalid. The person challenging the will generally must have a legally recognized reason and follow the required court procedures.

If a will is being challenged, both the estate representative and interested family members may need legal representation to protect their rights.

Same-Day Consults – Call for Availability.

09/25/2026

Here's something that really catches people off guard: if you're unemployed or underemployed, a Wisconsin court can assign or impute income based on your earning capacity rather than what you're actually making. This applies when the unemployment or underemployment is considered voluntary and unreasonable. Courts may look at recent work history, past earnings, job skills, education, training, vocational evaluations, and even childcare considerations when making that determination.

Call 630-324-6666 or visit the link in our bio to schedule a consultation.

Who Pays a Deceased Person's Debts?When someone passes away, their debts usually do not become their family members' per...
09/24/2026

Who Pays a Deceased Person's Debts?

When someone passes away, their debts usually do not become their family members' personal responsibility just because they are related.

Instead, creditors generally pay valid debts from the deceased person's estate before distributing the remaining property to beneficiaries or heirs.

Creditors may need to follow specific procedures and deadlines to make claims against the estate. If the estate does not have enough money to pay every debt, state law may determine which claims receive priority.

Because paying the wrong creditor or distributing assets too soon can create problems, the person administering the estate should understand the applicable probate rules.

Same-Day Consults – Call for Availability.

09/24/2026

Thinking a pay cut will lower your child support? Not so fast. If someone previously earned $80,000 a year and voluntarily drops to part-time work earning $30,000 without a strong justification, a Wisconsin court may still calculate support as if they were earning $80,000. Income also plays a key role in shared placement cases, where each parent has at least 25% of overnights.

Call 630-324-6666 or visit the link in our bio to schedule a consultation.

Can Probate Be Avoided?Sometimes, yes.Certain estate planning tools can allow property to transfer without going through...
09/24/2026

Can Probate Be Avoided?

Sometimes, yes.

Certain estate planning tools can allow property to transfer without going through probate. Depending on the situation, these may include:

• Living trusts
• Joint ownership
• Beneficiary designations
• Transfer-on-death arrangements
• Small estate procedures

Whether these options are available depends on the type and value of the property and your state's laws.

Planning ahead can make it easier for loved ones to handle your affairs after your death.

An estate planning attorney can help determine which tools may make sense for your situation.

Same-Day Consults – Call for Availability.

09/23/2026

Think child support is calculated from your take-home pay? It's not. Wisconsin courts use gross income, not net, meaning taxes, health insurance, and retirement contributions typically aren't subtracted first. Gross income is defined broadly, covering wages, salary, overtime, bonuses, commissions, tips, self-employment income, investment income, unemployment, and more. Knowing this upfront can help you avoid miscalculating what you may owe or receive.

Call 630-324-6666 or visit the link in our bio to schedule a consultation.

Do I Need Probate If There Is a Will?A common misconception is that having a will automatically avoids probate.In many c...
09/22/2026

Do I Need Probate If There Is a Will?

A common misconception is that having a will automatically avoids probate.

In many cases, a will still needs to go through probate. The will tells the court how the deceased person wanted their property distributed and may name the person they wanted to manage the estate.

However, not every asset necessarily goes through probate. Property held in a trust, jointly owned property, and accounts with named beneficiaries may transfer outside of the probate process.

Whether probate is required depends on the estate, the type of property involved, and applicable state law.

If you are unsure whether probate is necessary, an attorney can review the estate and explain your options.

Same-Day Consults – Call for Availability.

09/22/2026

A business owner reports $120,000 in gross receipts but claims $90,000 in expenses, leaving just $30,000 in reported income. Courts don't just take that number at face value. Detailed proof of those expenses is required, and if some aren't truly ordinary and necessary, they can be added back into income for child support calculations.

Call 630-324-6666 or visit the link in our bio to schedule a consultation.

What Happens If I Don't Do Anything About Probate?It can be tempting to put probate off, especially after losing someone...
09/21/2026

What Happens If I Don't Do Anything About Probate?

It can be tempting to put probate off, especially after losing someone close to you. But ignoring an estate can create additional problems.

Property may remain in the deceased person's name, bank accounts or other assets may be difficult to access, debts and creditor issues may remain unresolved, and beneficiaries may be unable to receive what was left to them.

Waiting can also make it more difficult to locate documents, property, and financial information.

If you believe an estate may need probate, finding out what is required sooner rather than later can help prevent unnecessary complications.

Same-Day Consults – Call for Availability.

How Long Does Probate Take?The answer depends heavily on the estate.Probate can involve several steps, including opening...
09/18/2026

How Long Does Probate Take?

The answer depends heavily on the estate.

Probate can involve several steps, including opening the estate, appointing an administrator, identifying assets, notifying or addressing creditors, resolving outstanding issues, and distributing property.

A relatively straightforward estate may move through the process faster, while disputes between family members, creditor problems, difficult-to-value assets, or other complications can extend the timeline.

An attorney can help you understand what steps are required and what issues could affect the timing of your particular probate case.

Same-Day Consults – Call for Availability.

Address

1515 Legacy Circle
Naperville, IL
60563

Opening Hours

Monday 9am - 8pm
Tuesday 9am - 8pm
Wednesday 9am - 8pm
Thursday 9am - 8pm
Friday 9am - 8pm
Saturday 11am - 3pm
Sunday 11am - 2pm

Telephone

+13313307466

Website

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