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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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What is the Role of a Guardian?

Rolling Meadows guardianship lawyer

When an injury, illness, or disability prevents an adult from caring for themselves and making decisions, the court should appoint a guardian. There are two types of guardianships: Guardian of the person – Oversees living arrangements, personal care, healthcare, and more Guardian of the estate – Manages financial and legal decisions and affairs If you are seeking guardianship or…

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How Long Does Probate Take in Illinois?

probate attorney

After your loved one passes away, the last thing you want to think about is a legal case. However, many estates in Illinois have to go through the probate process, and this is not something that you should ignore. Seek help from a Rolling Meadows probate attorney if you are facing a probate case. One question we regularly hear…

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Will Contests During Probate

probate lawyer

When a will is submitted to the probate court, you might assume that the process will simply proceed as expected. However, in some situations, someone might raise challenges regarding the validity of the will. These challenges can be brought by anyone who would be adversely impacted should the will be executed as-is. There are specific reasons why someone might…

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Simplified Probate in Illinois

probate attorney

Probate can be a lengthy and complicated process, and it is natural to wonder whether there are any shortcuts you might take. In Illinois, there is a simplified probate for smaller estates that can save you and your family time and money. It is always worth having a probate lawyer in Illinois evaluate whether you qualify. Requirements for the…

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