Lake Forest Illinois Trusts and Estates Law Blog

The last thing most Illinois estate owners want is to inadvertently tie their loved ones up in months or years of legal disputes when it comes time to administer their estates. The good news is that it is often possible to avoid probate litigation. Planning ahead and seeking clarification of state laws may be keys to success.  

The probate process often has to do with transferring of assets. There are several means for transferring property ahead of time to help loved ones steer clear of probate litigation down the line. A trust is essentially a right to own property. There are various types of trusts, and each estate owner may customize his or her plan to best fit individual goals. 

Do you have a special needs child? Do you often worry about his or her well-being after you are gone?

Although it can be difficult to think about, there are steps you can take to protect your child and put your mind at ease. The best thing you can do is create a special needs trust.

Many adults in Illinois are children or grandchildren of recently deceased elders. Some situations no doubt involve disputes between heirs and beneficiaries. Sadly, such circumstances are not all that uncommon and can be quite challenging to resolve. A woman who is the granddaughter of a recent decedent in another state understands just how difficult it can be as she is fighting several local agencies over $60,000 in life insurance her grandma apparently wanted donated upon her death.  

The woman says she has requested that the various agencies to whom her grandmother expressed a desire to donate the money refuse the gift so that she and her family can use the funds to satisfy the exorbitant debt created by her grandmother's passing. The woman says she is worried that she will be held legally accountable for approximately $30,000 in funeral expenses and other unpaid bills, and she believes it is only right that the intended receivers of the donations politely decline the gifts so she can avoid financial disaster. A local fire department complied with the woman's request and declined its donation.  

Illinois pet owners may want to consider designating someone to step in and care for their beloved fur companions if they die or become incapacitated. The estate planning process is a great tool to help pet owners ensure that the needs of their dogs, cats or other pets will be met when they are no longer there to do care for the animals themselves. Certain things should be taken into consideration when incorporating pet instructions into an estate plan.

Firstly, while a particular item may have great sentimental value to a pet owner, such as the first chew toy ever purchased for a puppy or a customized feeding bowl, it doesn't mean the item holds true asset value. An official appraisal can clarify whether a specific item can be listed as an asset or whether it is best left out of a plan altogether. Also, it's crucial to choose a pet care provider who is willing and prepared to take on the responsibility.