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…
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…
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…
Disabled adults need people to manage their personal and financial affairs when they lack the capacity to do so. The court will appoint a guardian in a special proceeding. The court has the discretion to appoint who it wants, but it will usually consider certain factors before making the decision. Guardianship is a decision that the court weighs heavily…
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…
One of the common reasons for will contests is that an interested party will claim that the testator did not have the mental capacity to sign the will. This launches an inquiry into what their mental state was at the time. Testamentary capacity in Illinois involves the following. Knowledge of the extent and nature of their property Their relationship…
A will is an important document because it ensures that your final wishes regarding your property, assets, and other belongings are carried out. However, there are several situations where a person’s last will and testament could be deemed invalid. The Illinois probate lawyers at Charles T. Newland & Associates can ensure that your will is properly drafted, valid, and…
