Category: Probate and Estate Planning

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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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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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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What are Intestate Laws?

Libertyville Estate Planning Lawyer

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….

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Can You Plan Ahead to Avoid Family Disputes Over Your Will?

Rolling Meadows Estate Planning Lawyer

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…

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What are Intestate Laws?

Libertyville Estate Planning Lawyer

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….

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Using Your Estate Plan to Protect Your Child’s Future

Libertyville Estate Planning Attorney

You likely associate estate planning with outlining how your assets and property should be distributed after your death, and this is a huge part of the process. However, you can also plan for what happens if you become incapacitated, and perhaps most importantly, you can use an estate plan to protect your children in the future. To learn more…

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Do You Have Suspicions About a Loved One’s Will?

Rolling Meadows Estate Planning Attorney

The experience of losing a loved one is tragic in and of itself, but is made all the more stressful and difficult when there are issues with their will and how property is passed on. If you think a will or certain terms of a will might not be proper and valid, you can challenge the will in probate…

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