Category: Probate and Estate Planning

Discussing Estate Planning with Your Parents

Discussing an estate plan while parents are still competent can prevent disastrous consequences. Although it may be uncomfortable to have these types of conversations, reviewing an estate plan can help ensure everybody’s best interests are protected.

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Do I Need to Probate the Estate of My Parent if There Is a Will?

Having a valid will does not trigger or avoid probate. Whether probate is required depends on how the decedent held title to the property at the time of his or her death, the value of the estate, the type of property the decedent owned and the circumstances surrounding the creation of the will.

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Avoid These Common Estate Planning Mistakes

Consulting with experienced trust attorneys can help Illinois residents avoid common estate planning mistakes. Estate planning errors and omissions can make a loved one’s death even more difficult and stressful for surviving family members. Everyone with any amount of assets should

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Setting Up a Family Trust

Setting up a family trust can protect financial assets for heirs and beneficiaries. A family trust provides many benefits for family members and acts as an instrument to pass assets along to future generations.

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The Four Types of Illinois Advanced Directives

The federal government has laws that require certain types of health care facilities to tell patients their rights upon entry, but they do not cover what will happen in the event that the patient is unable to understand those rights. To ensure that patients have some form of control over their care, even if they are unconscious, Illinois has…

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When a Hazy Mind Leads to Probate Problems

When lack of capacity or undue influence is factors in the creation of a will or trust, there exists the possibility to challenge the document. In Illinois, these constitute grounds to invalidate provisions relating to the disposition of property, financial assets, donations, etc.

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The Differences Between A Trust And A Will

Wills and trusts are two common legal instruments of estate planning. A will is a legal declaration of an individual’s wishes for the distribution of their assets after they have died. A trust also provides for asset distribution upon death, but can also control assets during the client’s lifetime and can place parameters on distribution after death.One of the…

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Little Known Facts About Revocable Living Trusts

There are a few facts about revocable living trusts that might seem a bit surprising to many individuals who are interested in this effective estate planning tool. While a living trust is often an adequate solution for avoiding lengthy probate and the expenses that are associated with this burdensome process, it may not be the right choice for everyone….

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Designing an Estate Plan to Survive a Legal Challenge

Taking certain precautions when drafting estate-planning documents can help to avoid future legal challenges by disgruntled family members. One common will contest involves allegations that the family members were incompetent when they drafted their wills. Others may involve arguments that the testators were unduly coerced when they drafted their wills or that the wills were not properly executed. A…

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