Category: Probate and Estate Planning

Can an Executor be Sued by Beneficiaries?

executor

When one is designated as the executor of an estate, they are given critical duties to handle that include selling estate property and settling debts with creditors. Their actions and decisions can affect the amount of money that heirs will receive under the will. An executor is considered a fiduciary under the law. A fiduciary owes certain legal obligations…

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Provisions of a Will

Provisions of a Will

Your last will and testament provides your instructions for both your tangible estate and for your minor children. The will may both give specific instructions and designate the people who will carry out your wishes. Here are some of the important things that need to be included in a will. Your will designates an executor, who is a trusted…

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Does a Trustee Need an Attorney?

The attorneys at Charles T Newland & Associates work with families on estate planning matters. We are helpful and reliable counselors that are here for you and your family.

When you are appointed as a trustee, you take on certain legal duties to the trust. Most importantly, you are obligated to place the trust interests ahead of your own. Not only do you owe a fiduciary duty to the estate, but you must also act with reasonable care in your capacity as a trustee. When you become a…

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Creditor Claims in Probate

Lincolnshire Probate Litigation Attorney

Probate is the last chance that creditors have to be paid back debts by the deceased person before the estate is permanently closed.  It is the legal equivalent of “speak now or forever hold your piece.” Illinois law provides that creditors have two years from the date of the decedent’s death to file a claim against the estate. However,…

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Spousal Inheritance Rules

Spousal Inheritance Rules

Spousal inheritance rules in Illinois are not as straightforward as they seem. In many situations, a surviving spouse will be able to retain many of their deceased spouse’s assets without the need for the probate process. Everything depends on how the property was titled before the spouse died. The rule is that when spouses have jointly titled property, the…

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Can You Disinherit a Child?

Lincolnshire Estate Planning

So long as your child is not a minor, they can be disinherited in a will. Before you take this drastic step, you should consider it very carefully, as there could be a potential for bitter litigation. A will is a legally binding document. So long as you meet the legal requirements to make a will (have legal and…

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Estate Planning for Digital Accounts

Estate Planning for Digital Accounts

These days, your estate may include more than just physical assets. Besides money, you may have digital assets that you want to pass down to your heirs. There are some special considerations that apply to digital assets. Families may not think of digital assets as part of an estate. They have made plans to pass down money and even…

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Tell Your Family Members About Your Estate Plan

estate plan

Probate is not an easy process in itself, even when family members have all the information that they need. There are administrative requirements and the potential for unforeseen hurdles. The process can be even more difficult when family members are taken by surprise by the contents of the will. These circumstances are when there may be costly and bitter…

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What is Intestate Succession?

intestate succession

All estate planning lawyers warn you of the consequences of dying without a will. The legal term for not having a will when you die is intestate succession. When that happens, your family is at the mercy of the probate court and Illinois law. The good news is that your property will still be distributed to your loved one,…

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Updating Your Successor Trustee Designations

Successor Trustee Designations

When you establish a trustee, you will appoint a trustee. This person performs a crucial role in managing the affairs and the assets of the trust. If you do not opt for a professional trustee, the trustee would likely be a family member or someone else close to you. However, there is a chance that the trustee may not…

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