Category: Probate and Estate Planning

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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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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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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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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Requirements for a Valid Will

drafting a will

Every state sets out laws with requirements for drafting a valid last will and testament. It is important to make sure your will meets all the necessary requirements to prevent will contests during the probate process. In Illinois, some basic requirements include the following: You must be at least 18 years of age You must sign the will in…

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Are You the Executor of a Will?

will attorney

When people draft a last will and testament, one important step is to select another individual to serve as the executor of the will. This means that after the will-maker (testator) passes away, the executor will be in charge of administering the estate as instructed in the will. This can involve several different complex tasks, and many executors can…

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Do You Have Reason to Contest a Will in Probate?

probate

When a will is submitted to the probate court following a death, the court must approve the will as valid before the probate process can proceed. While most wills are deemed valid, there are situations in which someone might have reason to challenge the validity of certain provisions or even the entire will. The following are only three examples…

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Estate Plan Changes During a Divorce

estate plan

When you are ending your marriage, you have a lot to deal with, such as your divorce case in family court. While it might be difficult to add something else to your plate, you should consider whether your estate plan should be amended. If you have an existing estate plan, it is likely you will want to make some…

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