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…
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…
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…
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…
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…
Will contests are among the most contentious types of litigation possible. The combination of money and strained family relationships can turn people against each other in a hurry. Planning can help you avoid some of these disputes when the time comes. There are two things that can reduce the chances of a will contest. The first is sitting down…
The word intestate describes a situation when someone dies without a will. The court must get involved and divide the estate on its own. Intestate law sets the ground rules for how the court will divide the estate. The Illinois Probate Law contains intestate laws. First, many assets may not even need court intervention or a will to distribute….
Will contests are among the most contentious types of litigation possible. The combination of money and strained family relationships can turn people against each other in a hurry. Planning can help you avoid some of these disputes when the time comes. There are two things that can reduce the chances of a will contest. The first is sitting down…
The word intestate describes a situation when someone dies without a will. The court must get involved and divide the estate on its own. Intestate law sets the ground rules for how the court will divide the estate. The Illinois Probate Law contains intestate laws. First, many assets may not even need court intervention or a will to distribute….
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…
