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What Should You Address in Your WIll?

estate planning attorney

While a large part of your will is about who will inherit your possessions, those are not the only things that you could include in the document. A Libertyville estate planning lawyer could help you figure out what should be in your will. An Executor Every will has someone who is tasked with managing the estate. They will pay…

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Can Beneficiaries Remove an Executor?

Libertyville beneficiaries attorney

In some cases, there may be tension between the beneficiaries and the executor of an estate. This could involve allegations that the executor is not honoring their fiduciary duty to the estate. However, it is very difficult for the beneficiaries to remove the executor. This is not to say that the executor can do whatever they want without any…

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Power of Attorney vs. Guardianship

power of attorney

Power of attorney and guardianship are both ways that someone can act in place of another person. The main differences between the two of them are how control is obtained and maintained. In a power of attorney, the process happens outside of court, while with guardianship, the court plays a major role. How Power of Attorney Works A power…

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What Mental Capacity is Needed for a Valid Will?

will contest

One of the common reasons for will contests is that an interested party will claim that the testator did not have the mental capacity to sign the will. This launches an inquiry into what their mental state was at the time. Testamentary capacity in Illinois involves the following. Knowledge of the extent and nature of their property Their relationship…

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The Fiduciary Duty of an Estate Executor

fiduciary duty

The executor has significant responsibilities when it comes to administering the estate. Simply stated, they must act in the interests of the estate, and they could be personally liable when they fail to uphold this duty. The main area where an executor has fiduciary duties is in managing the estate’s assets. If they engage in self-dealing or do not…

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Do You Need a Lawyer for a Guardianship Case?

guardianship

In a guardianship case, the court has the power to do what the judge thinks is right because the court appoints the guardian as its agent to make decisions for the person who cannot care for themselves. However, that does not mean that the family has no say in the matter. The family can convince the court that there…

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How Do You Know When a Will Might be Unenforceable?

probate attorney

In order for a will to be effective and enforceable, certain requirements must be satisfied. If these requirements are not met, one or more persons could contest the will’s validity. The knowledgeable and experienced Illinois probate lawyers at Charles T. Newland & Associates can assist you with drafting a proper will that is valid, legal, and enforceable. Please speak…

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What Can Render a Will Invalid?

will

A will is an important document because it ensures that your final wishes regarding your property, assets, and other belongings are carried out. However, there are several situations where a person’s last will and testament could be deemed invalid. The Illinois probate lawyers at Charles T. Newland & Associates can ensure that your will is properly drafted, valid, and…

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Do I Need a Lawyer to Help Me Draft a Will?

probate attorney

The primary purpose of drafting a will is to ensure that all of your property and other belongings pass on to the proper person(s) when you pass away. When it comes to drafting a proper will, it is important that you involve an experienced attorney in the process. This is because if a will is not drafted properly, one…

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What Happens if a Will is Invalid?

Libertyville Estate Attorney

Even if someone believes they have a valid and effective will, there are many reasons why a will might be deemed invalid by the probate court. What happens to the rest of the probate process if a will is invalid? Below is some basic information, though it is best to always speak directly with a Libertyville estates lawyer if…

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