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to Each Client.
Estate administration can take a year or longer, especially if there are disputes involved. Probate litigation can arise if there are questions about the legitimacy of estate documents. Lawsuits also frequently follow complaints about the conduct of a personal...
Probate litigation often relates to misconduct on the part of a fiduciary or concerns about documents. In some cases, family members or beneficiaries may believe that an outside party exerted undue influence on the testator, leading to imbalanced or unexpected...
You do not lose your right to contest a will just because probate has already started. In Illinois, you can still challenge the will, but you must act within a strict legal deadline after the court admits it to probate. How long do you have to file a will contest? You...
When someone drafts a will, one key component is that they need to be of sound mind. They need to understand their decisions and the importance of the estate planning documents. They need to be fully in control of their cognitive abilities, showing that they are...
Joint ownership is often used as a simple way to pass property to a loved one without going through probate. However, what seems like a straightforward plan can sometimes create confusion and conflict after someone dies. When property is jointly owned, disagreements...
When a person passes away and leaves a trust, that trust typically becomes irrevocable. The trust needs to be managed by someone responsible for its administration (called a trustee). In Illinois, once the original grantor is deceased, the successor trustee takes over...
An executor is responsible for carrying out the terms of a will. They must act in the best interest of the estate and its beneficiaries. When an executor fails to meet their legal responsibilities, this may be considered a breach of duty. Breaches of executor duties...
In many families, spouses structure their estate plans in a specific manner to protect one another. One spouse may intentionally name the other as the main beneficiary of their most valuable assets. They may hold title to certain resources jointly to ensure that a...
You are considering challenging your parent’s estate plan. Perhaps you believe that another beneficiary used undue influence, so the will is not an accurate representation of what your parent wanted. Perhaps they allotted far more assets to that beneficiary than they...
The family members of someone who has recently died sometimes feel compelled to take legal action against their estate. In some cases, there is clear evidence that an older adult had already experienced significant cognitive decline when they drafted or updated their...
