Category: Probate and Estate Planning

Who Should Be Your Executor?

estate planning attorney

Selecting an executor is one of the most important decisions that you will make as part of your estate plan. Choosing the right executor can reduce the chances that something goes wrong in probate or there is a lawsuit against the estate. The executor is a manager and must have the right skills. Choose Someone Who Is Up to…

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Understanding the Role of Executor

Libertyville Estate Planning Attorney

The estate’s executor serves an incredibly important role. This is why it is best to use great care in selecting the person who performs this duty. Before choosing an executor, it is important to understand what they do with regard to the estate. Simply stated, the executor handles the estate. They are responsible for managing all the property until…

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What Does a Probate Judge Do?

Libertyville Estate Planning Attorney

Probate is something that concerns many people dealing with an estate. The process can be tedious and time-consuming. However, some families manage to make it through probate with a minimum of difficulty. The judge can play an important role in the probate process. Your best hope is that the probate court judge performs mostly an administrative function in your…

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Estate Plan

estate plan

BASIC BULLET POINTS FOR THOSE THINKING ABOUT DOING AN ESTATE PLAN By Chuck Newland Doing an Estate Plan, whether it’s a Will or a Trust plan, is a personal choice based on your priorities. Don’t let yourself be talked into something that doesn’t meet your specific needs and don’t settle for less than what you want accomplished. Allow yourself…

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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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