Lesser Lutrey Pasquesi & Howe, LLPLesser Lutrey Pasquesi & Howe, LLP2026-11-09T16:26:19Zhttps://www.llphlegal.com/feed/atom/WordPress/wp-content/uploads/sites/1301773/2021/01/cropped-site-icon-image-lesser-32x32.pngOn Behalf of Lesser Lutrey Pasquesi & Howe, LLP<![CDATA[Changes for beneficiaries could lead to estate plan updates]]>https://www.llphlegal.com/?p=497972026-11-06T19:22:36Z2026-11-06T19:22:36ZIt is wise to update your estate plan periodically. Life changes. You may sell or acquire new assets. You could get married or divorced. You need to update your estate plan to reflect these types of changes as you focus on the future.
At the same time, it is important to consider potential changes for beneficiaries. These could also necessitate an update of your estate planning documentation.
When a beneficiary passes away
One example of this is if someone passes away before you do. You have already named them as a beneficiary who should receive assets, but you need to change the estate plan to allot those assets to someone else. This gives clear instructions to your estate administrator for how you want things to be handled.
When a beneficiary has health complications
But even if the person does not pass away, it could still change how you want to address their inheritance.For instance, someone who has a disability may qualify for government benefits, but they may have to pass a means test. If you leave them an inheritance directly, as you originally planned, they may no longer qualify for the benefits that they need. They would be forced to spend the inheritance down first.One potential way to address this, though, is to change their inheritance so that it goes into a special needs trust. This means that they do not own it, and they can still pass the means test and retain their benefits. All it takes is a change to your estate plan.
Making necessary updates
Do not assume that your estate plan will work indefinitely, just the way you originally wrote it. Take the time to make periodic updates and be sure you understand what legal steps are necessary.]]>On Behalf of Lesser Lutrey Pasquesi & Howe, LLP<![CDATA[Can someone contest your will after you die?]]>https://www.llphlegal.com/?p=497712026-10-27T18:24:23Z2026-10-27T18:24:23ZWhy might someone contest a will?
A will can be challenged after someone dies, but not every disagreement about an inheritance is grounds for a legal challenge. A person must have a valid legal reason to contest the will, such as concerns about how it was created or whether the person understood what they were signing The specific requirements for contesting a will depend on the circumstances surrounding the document.
One common reason is undue influence. In Illinois, undue influence occurs when someone influences a person so strongly that their will reflects that person's wishes rather than their own. The influence must be connected to the creation of the will and can come from a beneficiary or a third party. It does not have to involve threats or intimidation. Even kindness or affection can constitute undue influence if it prevents someone from freely deciding how to distribute their estate. These concerns may arise when significant changes are made under unusual circumstances, particularly if the person who created the will was vulnerable or dependent on someone else.
Questions about mental capacity can also lead to a will contest. A person must be of sound mind and memory when making a will, meaning they must understand that they are creating a will, the property they own and the people who would ordinarily be considered in deciding how their estate should be distributed. If there are concerns that a person did not understand these matters when signing the document, a court may need to evaluate the circumstances.
Taking steps to prepare your will now can help reduce the chances of confusion or disputes later. Making sure your will meets state legal requirements, clearly explains your wishes and is properly signed can help prevent questions about its validity.
If you are creating a will or reviewing an existing one, speaking with a qualified legal professional can help ensure your estate plan reflects your wishes and is prepared correctly. With the right guidance, you can address potential concerns and give your loved ones greater clarity and peace of mind when the time comes.]]>On Behalf of Lesser Lutrey Pasquesi & Howe, LLP<![CDATA[Can beneficiaries challenge changes to a trust?]]>https://www.llphlegal.com/?p=497692026-10-26T13:35:47Z2026-10-26T13:35:47ZYour financial interest can support a challenge
In Illinois, beneficiaries can challenge trust amendments if they have legal standing and file before the applicable deadline. Standing generally means that you have a financial stake in the dispute, such as a larger share under earlier terms. Your family ties do not automatically give you that right.
You also need grounds for asking a court to reject the change. Some of the legal reasons include:
Lack of capacity: The creator lacked the mental ability needed to approve the amendment. For a revocable trust, which allows changes, the law applies the same capacity standard as for making a will.
Undue influence: Someone used pressure to overcome the creator's free choice. For example, a caregiver might threaten to withhold care unless the creator increased that person's share.
Fraud or forgery: Someone misled the creator about the terms or faked a signature.
Improper execution: The amendment did not meet the trust’s requirements or another method state law allows.
The basis for your objection may guide which records and witness accounts are relevant to your claim.
What records and filing deadlines to review
Compare the original trust with each amendment to identify the disputed changes. For concerns about mental capacity, medical records, emails and witness accounts often show the creator's condition around the signing date. For instance, reports of severe confusion that week could support a claim of mental incapacity. The court considers the creator’s ability at the time of signing.
Alongside that evidence, review your filing deadline promptly. For trusts revocable at death, the contest period generally ends two years after the creator dies, unless an earlier limit applies. If a will leaves a gift to the trust and enters probate, the will-contest deadline may control. For other trusts, the cutoff may be six months after the trustee sends you the trust copy and required notice.
Weighing the personal cost of litigation
Before pursuing a lawsuit, consider both the expense and its effect on your relationships. Your priorities might include preserving contact with relatives despite the dispute.
You might also need a realistic view of possible results before committing resources. An attorney can assess the strength of your position and explain whether settlement offers a practical resolution.]]>On Behalf of Lesser Lutrey Pasquesi & Howe, LLP<![CDATA[Are you too young for an estate plan?]]>https://www.llphlegal.com/?p=497652026-10-09T15:50:42Z2026-10-09T15:50:42ZPeople sometimes believe that they are too young to write a will or make an estate plan. They do know that these documents are important. It is just something they plan to do later in life, such as after they retire from their career or when they hit a specific age.
But the truth is that you cannot be too young for estate planning, in part because no one knows when they will pass away. People pass away unexpectedly due to accidents or illnesses every day. In this sense, it is better to make an estate plan early and then update it as you get older.
Child-related decisions
Additionally, once someone has a child, they may need to make plans for what that child's future would look like. The parent may still be in their 30s or 40s, but it could help to choose a guardian, for example. If the parent passes away early, then someone is already in place to care for their child as they grow up.
Medical decisions
Another benefit of doing estate planning early is that you can make medical decisions. You could draft a living will or another advance directive to give instructions to your family, such as telling them you do not want to be kept on life support. You could also use a medical power of attorney to authorize someone to make healthcare-related decisions if you are incapacitated and you cannot do so yourself.As you can see, there are many positive reasons to make an estate plan, even at a young age. Be sure you know what legal steps to take.]]>On Behalf of Lesser Lutrey Pasquesi & Howe, LLP<![CDATA[How can you prove undue influence in a will contest?]]>https://www.llphlegal.com/?p=495182026-09-28T17:33:43Z2026-09-28T17:33:43ZWhen a loved one dies and leaves a significant portion of their estate to one person, family members may wonder whether the will truly reflects the deceased’s wishes. It can be especially concerning when that person appears to have played a significant role in creating or changing the will.
However, simply believing that the deceased loved one was pressured or manipulated is not enough to challenge the will. A successful will contest requires evidence that undue influence interfered with the testator’s free will.
Unfair inheritance doesn’t mean undue influence
Undue influence occurs when someone’s influence over a testator (the person creating the will) becomes so excessive that it interferes with the person’s ability to make independent decisions regarding their estate.This is different from ordinary persuasion. People may discuss their estate plans with spouses, children, caregivers and other trusted individuals. It becomes an issue when the person’s influence overcomes the testator’s independent decision-making.An unfair inheritance does not prove undue influence. A will doesn’t necessarily become invalid simply because family members believe the distribution is unfair. A person is free to decide who receives their property after death. One child may receive more than another. A longtime friend may receive property while a relative receives nothing. An unusual inheritance can become evidence in an undue influence case when viewed alongside other circumstances.Because undue influence is often secretive, direct evidence is often unavailable. Therefore, circumstantial evidence can sometimes help to establish undue influence, such as:
A significant and unexpected change to an existing estate plan
The beneficiary’s involvement in creating the will
Evidence of a dependent relationship between the testator and influencer
Witness testimony regarding the testator’s relationships, intentions or vulnerabilities
Medical records establishing the testator’s physical or cognitive condition
If you believe a loved one’s will resulted from undue influence, it's important to act promptly. Once a will is admitted to probate, an interested party has six months to file a petition challenging its validity.It’s also essential to speak with a legal professional. They can review the circumstances, evaluate the available evidence and explain your options for challenging the will.
]]>On Behalf of Lesser Lutrey Pasquesi & Howe, LLP<![CDATA[When a will includes the right of first refusal]]>https://www.llphlegal.com/?p=495162026-09-17T03:08:08Z2026-09-17T03:08:08ZMany wills contain simple and straightforward terms regarding the distribution of property. Individuals name beneficiaries to inherit specific assets, and their personal representative secures those resources and then allocates them to the right beneficiary.
Occasionally, estate administration is more complex. A personal representative may need to sell certain assets, such as businesses or real estate holdings, and distribute proceeds among named beneficiaries. In such cases, the will may contain a clause extending the right of first refusal to one or more of the beneficiaries.
What is the right of first refusal?
In a will describing the distribution of assets, the right of first refusal typically relates to the opportunity to acquire specific estate resources by purchasing them. Instead of allowing an outside party to purchase the family business or a deceased parent’s home, people may have the option of purchasing those resources from the estate and keeping them in the family.Generally speaking, personal representatives need to inform people who have the right of first refusal of their opportunity to acquire estate resources. They also need to honor that right by reasonably considering acquisition offers. Of course, beneficiaries hoping to buy from the estate typically need to pay the fair market value for those assets to ensure the arrangement is as fair as possible to other beneficiaries.Personal representatives and beneficiaries may need legal guidance when estate administration involves the sale and purchase of valuable resources. The inclusion of the right terms in estate plans can protect key assets while still giving beneficiaries the right to make major financial decisions for themselves.]]>On Behalf of Lesser Lutrey Pasquesi & Howe, LLP<![CDATA[Can heirs challenge a family business valuation in probate?]]>https://www.llphlegal.com/?p=495152026-08-30T17:40:25Z2026-08-30T17:40:25ZWhen a parent dies owning a family business, the value placed on it shapes what every heir receives. If one sibling ran the business and controls its books, other heirs may question whether the estate's number reflects its true worth. Probate lets heirs challenge a valuation within limits, and knowing them helps you decide whether raising the issue is worth it.
Grounds for challenging a family business valuation
Not every disagreement over price is a legal basis for a challenge. First, you generally must be an interested party, such as an heir or beneficiary, before a court will hear you. Beyond that, you need a real reason to question the figure.Common grounds include a valuation prepared by someone with a conflict of interest, an appraisal that ignored key assets like goodwill or a value set by the person who hopes to buy the business. Fraud or a clear breach of the executor's duty can also apply, though hard to prove.
Valuation methods that can produce different results
Business valuation is not a single formula. Appraisers rely on several approaches, and each can point to a different number. An income approach weighs earning power, a market approach compares sales of similar businesses and an asset approach measures what the company owns.A thorough appraisal may combine two or three of these methods rather than rely on one, which is why two honest experts can reach different figures. An executor who chooses the lowest approach gives heirs reason to look closer.
Financial records that can reveal valuation problems
The strength of a challenge usually rests on the company's records. Tax returns, profit and loss statements and balance sheets show whether reported earnings match reality. Large owner salaries, unusual expenses or assets left off the books can all depress a value. Comparing the appraisal against these records can expose gaps worth raising.
Independent appraisals that can support another value
One effective way to contest a figure is an independent appraisal. A qualified appraiser with no stake can review the records and prepare a competing valuation. When two credible appraisals diverge widely, that gap itself becomes evidence. Courts tend to favor appraisers who explain their methods and support conclusions with facts.
Probate options when heirs and the estate disagree
If informal talks stall, probate offers formal paths. You can object to the estate's inventory or accounting, ask the court to order a new appraisal or petition for supervised administration so a judge oversees the executor. These matters fall under beneficiary and fiduciary disputes, where each side presents competing evidence. Deadlines apply, so acting promptly matters.
Practical considerations before pursuing a valuation challenge
A challenge is not free. Litigation costs money, takes time and can strain family ties that may already be fragile. Weigh the likely gain against the expense and stress before moving ahead. A modest gap may not justify a fight, while a large or clearly manipulated undervaluation often will.
Your next step when the value looks off
A family business is often the largest and most personal asset in an estate, so its value is worth getting right. If the figure feels wrong, request the estate's inventory and appraisal, then have those documents reviewed before any objection deadline passes. Acting early keeps your options open and clarifies your choices.]]>On Behalf of Lesser Lutrey Pasquesi & Howe, LLP<![CDATA[The advantage of a springing power of attorney ]]>https://www.llphlegal.com/?p=495132026-08-28T16:02:55Z2026-08-28T16:02:55ZA power of attorney is an important part of an estate plan because it identifies certain individuals who can make decisions on another person's behalf. A power of attorney can often address legal, financial or medical decisions.For instance, someone could have a medical emergency. They are still alive, but they are incapacitated in the hospital. It is impossible for them to communicate with their medical team. Because those medical care providers still need to make important decisions, the power of attorney identifies the agent that they should work with. When that agent makes a decision, the medical team should treat it as a decision made by the patient themselves.Typically, no one else will have the legal ability to make these types of choices, so having the power of attorney in place in advance helps to keep the process moving forward and gives guidance to those involved.
The role of incapacitation
A springing power of attorney is important because it ensures that a person does not give up any of their rights or decision-making abilities just by drafting the document and identifying their agent. They have chosen the person in advance, but that person cannot step in and make decisions immediately.Instead, the POA only goes into effect if it is determined that the person has become incapacitated. This is when they actually need the agent to act on their behalf. That triggers the document, shifting the legal power for crucial decision-making to another individual and helping the process move forward.It is important to remember that estate planning is about more than just assets. It also needs to address future medical care. A power of attorney is just one way to do this, and it is important to understand what legal options you have when drafting your estate plan.
]]>On Behalf of Lesser Lutrey Pasquesi & Howe, LLP<![CDATA[A disinheritance can lead to estate disputes]]>https://www.llphlegal.com/?p=495122026-08-13T03:34:54Z2026-08-13T03:34:54ZThere are many potential reasons for estate disputes, which can lead to litigation. Beneficiaries and family members may not agree on how an estate should be addressed or what was actually intended in the estate plan.
One example is if a specific beneficiary has been disinherited. This could be someone who was previously included in the will, or it may be a direct relative. Two siblings may be left an inheritance, for example, while the third sibling is left nothing.
Lack of identification
When someone wants to disinherit a beneficiary, it is often best for them to directly name that person in the estate plan. But people sometimes make the mistake of just leaving the individual out, thinking that giving them nothing in the will is enough to disinherit them. This lack of identification can lead to certain issues, such as if they claim the elderly person lacked the testamentary capacity to write the estate plan and simply forgot to include them, rather than intentionally disinheriting them.
Undue influence
Another potential issue could be if the beneficiary who is left out claims that there was undue influence by other beneficiaries. If their inheritance was taken away and given to a sibling, for example, they may claim that the sibling manipulated their parent.
What if there is a no-contest clause?
A no-contest clause may be used and can avoid some types of estate litigation, but not always. It usually just applies to an unsuccessful challenge. Someone could still contest the estate plan because the no-contest clause itself was included through undue influence, for example, and that clause may not be upheld if their challenge was successful.All of this can create a rather complicated legal situation as the estate goes through probate, so it is very important for those involved to understand all of their legal options.]]>On Behalf of Lesser Lutrey Pasquesi & Howe, LLP<![CDATA[3 benefits of irrevocable trusts]]>https://www.llphlegal.com/?p=495102026-07-31T02:21:45Z2026-07-31T02:21:45Zthree benefits to consider.
Reducing estate tax
Because an irrevocable trust owns the assets and cannot be changed, it can be used to lower the value of an estate. This can be beneficial when facing estate taxes. If the value of someone’s estate reaches over the tax threshold, being proactive about transferring assets into an irrevocable trust can lower the value of their personal estate and ensure that the money is actually passed on to their family, rather than paying out a higher percentage in taxes.
Protecting assets from creditors
An irrevocable trust can also be beneficial when looking to shield assets from specific creditors. Once again, it is an issue of ownership. The trust itself owns those funds, so creditors may not be able to come after them, even when they can file a claim with the estate.
Addressing Medicaid eligibility
Those who are considering their eligibility for Medicaid benefits need to consider the value of their estate as it pertains to their means. A person may otherwise be required to spend down their assets before they would qualify for benefits. Moving those assets into an irrevocable trust helps them pass the means test without forcing them to directly spend the funds.
If you are interested in using a trust in your estate plan, carefully consider the different types of trusts you can use and the legal steps you will need to take to do so.]]>