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…
In a guardianship case, the court has the power to do what the judge thinks is right because the court appoints the guardian as its agent to make decisions for the person who cannot care for themselves. However, that does not mean that the family has no say in the matter. The family can convince the court that there…
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 an injury, illness, or disability prevents an adult from caring for themselves and making decisions, the court should appoint a guardian. There are two types of guardianships: Guardian of the person – Oversees living arrangements, personal care, healthcare, and more Guardian of the estate – Manages financial and legal decisions and affairs If you are seeking guardianship or…
In most cases, a request for guardianship over an incapacitated adult is in the best interests of that adult, and it proceeds as planned in court. However, there are certain situations in which one or more people might object to a guardianship for different reasons. The following is a brief overview of two common reasons for guardianship objections. If…
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 a will is submitted to the probate court following a death, the court must approve the will as valid before the probate process can proceed. While most wills are deemed valid, there are situations in which someone might have reason to challenge the validity of certain provisions or even the entire will. The following are only three examples…
When you create a revocable living trust, you will be able to manage and access the trust property until you pass away or become incapacitated. Then, a person you designated will need to take over the management role as your successor trustee. This trustee will have numerous duties and must conduct these duties while maintaining a high standard of…
Trusts are popular estate planning tools, and different kinds of trusts have different purposes and benefits. The following is a brief overview of types of trusts – to discuss the best kind for your specific situation, you should consult with an experienced estate planning lawyer in Illinois. Revocable Living Trust – This is a trust that you can manage…
Most people have a basic understanding of an estate plan, though they may have many questions about the specifics of the estate planning process. You should never hesitate to speak with an estate planning lawyer in Illinois about your individual situation, and the following are only a few of the questions we regularly answer. When is it time to…
