Who is the Executor of an Estate?

Rolling Meadows Estate Planning Lawyer

When you die, you leave an estate behind you that consists of the property that you accumulated while living. You need someone to administer the estate to make sure that your wishes for your property are heeded. The person who administers your estate is called the executor. The executor of your estate may perform the following functions: Winding down…

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When to Call a Probate Lawyer

Lincolnshire Estate Planning Lawyer

If your estate is going through probate, things can invariably happen to slow down the process. There is paperwork and possible delays that can cause you and your family stress. If there is an estate that is going through probate, you should contact an attorney to help you through the process. The best way to get out ahead of…

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Guardianship vs. Power of Attorney

Libertyville Guardianship Attorney

Both guardianship and power of attorney enable someone else to make decisions for you when necessary. However, power of attorney is far easier and less costly for you to put in place. You should review your situation now to have powers of attorney executed for when you need it. A guardian is someone who is appointed by the court…

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What Does a Probate Judge Do?

Lincolnshire Estate Planning Attorney

The probate system means that the case goes through a court. Every court has a judge presiding in it, who is in charge of the legal process and makes key decisions in the case. When your case is in probate, it will be assigned to a judge. The hope is that your probate court judge will act in mostly…

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Challenging an Adult Guardianship Case

Rolling Meadows Adult Guardianship Attorney

There are several reasons why families may seek to challenge the assignment of a guardian by the probate court. The court may seek to assign a guardian if the person is incapacitated or unable to make their own decisions. Families may oppose this because: They may not believe that their loved one is incapacitated to the point where they…

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Why You Should Draft a Will

Libertyville Estate Planning Lawyer

Every person has their own strong preferences for what happens when they are no longer here. Unless it is in writing on paper and validly witnessed, there is no way of knowing your wishes. Then, you will lose all control over what happens. A probate court will have the final say, and they may make decisions that you may…

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Who to Choose as a Power of Attorney

power of attorney

The person who holds power of attorney will perform extremely important roles. They will have the ability to make decisions about your healthcare, living situation, and finances. It is crucial that the person that you give this power to has the ability to do the job right. The first prerequisite for choosing someone as your agent is that they…

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Timeline for Filing a Probate Case

probate case

Probate seems to be a long and drawn-out process, and it certainly can be that way. However, probate also has strict deadlines that must be followed in order to avoid delays in the process. Here are some general timelines for events in filing a probate case: The executor will begin the probate process by filing the will with the…

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What is Testamentary Capacity?

Testamentary Capacity

Like a legal document or contract, not everyone has the ability to make a will. In some cases, their testamentary capacity could be challenged in the probate process. If they are found to have lacked the ability to make a will when they did, a court will not enforce it. The main reason why someone may lack the testamentary…

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Does Every Estate Need Probate?

Lincolnshire Estate Planning Lawyer

If you know anything about wills, you have heard about probate. Many tell you that probate can take many months, and there is a possibility that things can go wrong. Probate is where the will can be contested. Not every estate needs to go through probate. The first exception that allows an estate to stay out of probate is…

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