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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
