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Tell Your Family Members About Your Estate Plan

estate plan

Probate is not an easy process in itself, even when family members have all the information that they need. There are administrative requirements and the potential for unforeseen hurdles. The process can be even more difficult when family members are taken by surprise by the contents of the will. These circumstances are when there may be costly and bitter…

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What is Intestate Succession?

intestate succession

All estate planning lawyers warn you of the consequences of dying without a will. The legal term for not having a will when you die is intestate succession. When that happens, your family is at the mercy of the probate court and Illinois law. The good news is that your property will still be distributed to your loved one,…

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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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Can You Contest a Guardianship?

guardianship attorney

When someone has become incapacitated and there are no powers of attorney in place, the court can appoint a guardian. There are two reasons why you can contest a guardianship: The person for whom the guardianship is ordered (the ward) is not actually incapacitated The person proposed as a guardian is not competent to perform the role Accordingly, you…

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Updating Your Successor Trustee Designations

Successor Trustee Designations

When you establish a trustee, you will appoint a trustee. This person performs a crucial role in managing the affairs and the assets of the trust. If you do not opt for a professional trustee, the trustee would likely be a family member or someone else close to you. However, there is a chance that the trustee may not…

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Who is the Executor of an Estate?

Rolling Meadows Estate Planning Lawyer

When you die, you leave an estate behind you that consists of the property that you accumulated while living. You need someone to administer the estate to make sure that your wishes for your property are heeded. The person who administers your estate is called the executor. The executor of your estate may perform the following functions: Winding down…

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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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Guardianship vs. Power of Attorney

Libertyville Guardianship Attorney

Both guardianship and power of attorney enable someone else to make decisions for you when necessary. However, power of attorney is far easier and less costly for you to put in place. You should review your situation now to have powers of attorney executed for when you need it. A guardian is someone who is appointed by the court…

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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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Challenging an Adult Guardianship Case

Rolling Meadows Adult Guardianship Attorney

There are several reasons why families may seek to challenge the assignment of a guardian by the probate court. The court may seek to assign a guardian if the person is incapacitated or unable to make their own decisions. Families may oppose this because: They may not believe that their loved one is incapacitated to the point where they…

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