Your family’s legal preference should definitely be for a power of attorney as opposed to guardianship. A power of attorney is a less drastic remedy that can go into operation without the involvement of the court. When you have a power of attorney, the attorney, in fact, has the ability to make certain decisions that stem from the authority…
When you are appointed as a trustee, you take on certain legal duties to the trust. Most importantly, you are obligated to place the trust interests ahead of your own. Not only do you owe a fiduciary duty to the estate, but you must also act with reasonable care in your capacity as a trustee. When you become a…
One of your family’s biggest nightmares is that a will could be challenged in the probate process. Will contests and other probate litigation take what could already be a difficult process and make it far worse. Here are some reasons for probate litigation. One of the most common reasons for probate litigation is the fact that someone has disputed…
An adult guardianship is a drastic measure that the court uses when a person is no longer able to care for themselves and there are no powers of attorney in place. Circumstances may change to the point where the ward no longer needs guardianship. They may regain competency to make their own decisions once again. You may be able…
Probate is the last chance that creditors have to be paid back debts by the deceased person before the estate is permanently closed. It is the legal equivalent of “speak now or forever hold your piece.” Illinois law provides that creditors have two years from the date of the decedent’s death to file a claim against the estate. However,…
Spousal inheritance rules in Illinois are not as straightforward as they seem. In many situations, a surviving spouse will be able to retain many of their deceased spouse’s assets without the need for the probate process. Everything depends on how the property was titled before the spouse died. The rule is that when spouses have jointly titled property, the…
So long as your child is not a minor, they can be disinherited in a will. Before you take this drastic step, you should consider it very carefully, as there could be a potential for bitter litigation. A will is a legally binding document. So long as you meet the legal requirements to make a will (have legal and…
These days, your estate may include more than just physical assets. Besides money, you may have digital assets that you want to pass down to your heirs. There are some special considerations that apply to digital assets. Families may not think of digital assets as part of an estate. They have made plans to pass down money and even…
A family’s worst nightmare is when someone challenges a will. There may be reasons why a will can be considered invalid. The one certainty is that will contests can be emotional and unpleasant. Here are some common reasons for will contests. Lack of Testamentary Capacity The testator (person who makes the will) must be physically and mentally capable at…
To think of power of attorney in comparison to guardianship – you would usually execute a power of attorney because you want to avoid guardianship. Both involve decision-making on behalf of another, but power of attorney is a process that you can control now, while guardianship is the court taking over and deciding who will make the decisions for…
