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March 2020 Archives

Probate litigation: Sibling questions brother's actions

Many Illinois elders have several adult children in their families. It is not uncommon, however, for one of numerous siblings to be most active in helping an aging parent take care of his or her finances, medical issues or estate planning. With regard to executing a last will and testament, every state has its own laws about such matters, but all states require that an estate owner be of sound mind and not under duress when he or she signs an estate planning document. In another state, a person is questioning whether there are grounds for probate litigation, because several siblings believe a brother has not been forthright regarding their mother's will.

Walt Disney probate litigation: Can grandson appear by telephone?

If an Illinois resident is named as a beneficiary in another person's last will and testament, it may be that he or she will have to attend one or more court hearings. If probate litigation takes place in another state, travel arrangements and related expenses may be a concern. The grandson of deceased family film icon Walt Disney recently filed a federal lawsuit alleging that a judge in another state has violated his constitutional right to due process.

Heirs of former motel owner gridlocked with business partner

Two men in another state went into business together in the 1990s. They were co-owners of a motel and remained partners in business for approximately 25 years. One of the men has since died, leaving his three heirs his half of the business. As sometimes occurs in Illinois estates under similar circumstances, a battle has since erupted between the three siblings and their deceased father's former business partner, who still owns 50% of the motel. 

Estate planning: No need to be afraid of it

Especially if you are under age 40, you might not like the idea of discussing your own mortality. Even older people sometimes hesitate to think about such issues. The fact is, however, that every person will die someday, so it is always best to be as prepared as possible regarding estate planning.

Probate litigation not over yet for Aretha Franklin's family

When there is confusion regarding a decedent's last will and testament or other issues regarding his or her estate plan, it can spark disputes among family members. Each year in Illinois, family disagreements about a loved one's will or other estate planning concerns end up in probate court. When iconic soul singer Aretha Franklin passed away, it prompted probate litigation among her family members that is still ongoing.

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