Most Illinois estate owners try to incorporate instructions, documents and details in their estate plans to help their loved ones when the time comes to administer their estates. Any number of issues can lead to probate litigation, however. For instance, there are certain circumstances that would make it appropriate to contest a will.
Probate litigation: On what grounds can a will be contested?
Estate planning: What is a durable power of attorney?
Many Illinois residents have executed estate plans and regularly update them. Others resist the estate planning process for various reasons, such as those who simply do not like to think about their own mortality. It is worthwhile, however, to learn more about the helpful documents one can include in an estate plan, such as a durable power of attorney.
Estate planning in Illinois as a same-sex couple
Same-sex marriage has been legally recognized in Illinois since 2014. This means that it is now legal for two people of the same sex to be married in the state. However, this does not necessarily mean that same-sex couples do not need to pay attention to certain factors that could affect them specifically.
Probate litigation: Family disputes can cause serious rifts
No matter how cautious, diligent and thorough an Illinois estate owner is in his or her planning, if heirs or beneficiaries wish to contest the will, it can spark probate litigation. Many celebrities have died without signing a last will and testament, which is also a situation that often leads to probate litigation. There are also often legal problems when someone claims that an estate owner was not of sound mind when a will or trust was signed.
Executrix wants court to change beneificiary designation
Even if an Illinois estate owner signs a last will and testament, disputes may arise when the time comes for the estate to be administered. A situation is currently unfolding in another state where an estate administrator has petitioned the court to change the beneficiary designated on a retirement account. The plaintiff has filed a lawsuit against the decedent's sister as well as a financial services company.
What can you do about an incompetent executor or trustee?
Losing a loved one can be a socially, emotionally and financially difficult time in your life. Not only do you have to adjust to a future without the support of the person you love, but you also have to embrace the new legal reality that comes from their death.
