Category: Probate

What is Undue Influence in a Probate Case?

Lincolnshire Probate Litigation Attorney

When a will goes through the probate process, interested parties have a legal right to contest its validity. One common reason for contesting a will is that someone else had undue influence on the testator (the person making the will). In an undue influence case, one person has taken advantage of another who is vulnerable and susceptible. They may…

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When to Call a Probate Lawyer

Lincolnshire Estate Planning Lawyer

If your estate is going through probate, things can invariably happen to slow down the process. There is paperwork and possible delays that can cause you and your family stress. If there is an estate that is going through probate, you should contact an attorney to help you through the process. The best way to get out ahead of…

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What Does a Probate Judge Do?

Lincolnshire Estate Planning Attorney

The probate system means that the case goes through a court. Every court has a judge presiding in it, who is in charge of the legal process and makes key decisions in the case. When your case is in probate, it will be assigned to a judge. The hope is that your probate court judge will act in mostly…

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Timeline for Filing a Probate Case

probate case

Probate seems to be a long and drawn-out process, and it certainly can be that way. However, probate also has strict deadlines that must be followed in order to avoid delays in the process. Here are some general timelines for events in filing a probate case: The executor will begin the probate process by filing the will with the…

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Can You Plan Ahead to Avoid Family Disputes Over Your Will?

Rolling Meadows Estate Planning Lawyer

Will contests are among the most contentious types of litigation possible. The combination of money and strained family relationships can turn people against each other in a hurry. Planning can help you avoid some of these disputes when the time comes. There are two things that can reduce the chances of a will contest. The first is sitting down…

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Does Every Estate Need Probate?

Lincolnshire Estate Planning Lawyer

If you know anything about wills, you have heard about probate. Many tell you that probate can take many months, and there is a possibility that things can go wrong. Probate is where the will can be contested. Not every estate needs to go through probate. The first exception that allows an estate to stay out of probate is…

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What Does the Probate Court Do?

Lincolnshire probate attorney

The thought of probate court can be a scary place, and many people do everything that they can to avoid probate. A lack of knowledge about the probate court contributes to the fear that many people experience. In general, there are two functions of probate: Ensuring that creditors are paid back from the assets of the estate Ensuring that…

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When Should You Call a Probate Attorney?

Lincolnshire, Il probate attorney

There is no legal requirement for a personal representative to hire a probate lawyer in Illinois. However, this should be something that you should almost always consider. Estates valued at over $100,000 or that have real estate must go through the probate process. By definition, this means that there will be some complexity. Probate itself can be a very…

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What is the Probate Process for a Small Estate?

Lincolnshire and Lake County, IL Probate Lawyer

People should avail themselves of every possible opportunity to avoid the probate process because it can be tedious and time-consuming. Thankfully, Illinois does not require that every estate go through probate, as there is an exception for estates under a certain value. In Illinois, the requirement for an estate to be considered small is that it is valued at…

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Who is a Beneficiary of an Estate?

Libertyville Estate Planning Attorney

Every estate has people who are legally entitled to receive the assets. These are the beneficiaries. Ideally, they are set forth in the will or estate plan that details how the property is to be distributed. It is up to you to review your own situation to decide who will be the beneficiaries. There are few limitations on who…

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