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.
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.
When former rock music icon Tom Petty died of an accidental drug overdose at age 66, it not only sent a ripple of grief among his fans in Illinois and throughout the world, it also sparked contention between his loved ones. The situation prompted probate litigation between his widow and two daughters from a previous marriage. Things recently took a turn for the worse in court when Petty's widow called the actions of his daughters both erratic and abusive.
The passing of comic book icon Stan Lee left many fans in Illinois and across the country grieving a great loss but also admiring a tremendous legacy. Lee's work will continue to be enjoyed by comic book enthusiasts for decades to come. His creative contributions to the comic book world left quite a legacy. Lee's heir, a daughter who was designated as a trustee to the Lee Family Survivor's Trust, has initiated probate litigation regarding her late father's intellectual property.
Some Illinois readers may be aware that the late, former U.S. Attorney General Janet Reno owned a homestead that is said to be of significant historical value. Before she died, Ms. Reno executed an estate plan that included specific instructions regarding transfer of ownership of the homestead in the event of her death. Due to extenuating issues, Reno's wishes could not be carried out, which has sparked a complex probate litigation case between her niece and other members of her family.
Many Illinois estates are comprised of high-net worth assets while others are less complex. Either way, an ultimate goal of estate owners is often to execute a thorough plan to help loved ones avoid probate litigation. Such litigation is typically time-consuming, expensive and often aggravating for heirs.
No two estate plans are exactly the same. However, Illinois residents concerned about probate litigation may want to review several cases involving celebrities, as doing so may help avoid certain legal problems down the line. Many people are familiar with former rock star Jimi Hendrix although not many people are aware that he died with having executed a last will and testament.
When an Illinois estate owner dies, it typically activates a court process. Depending on whether the person died intestate or testate determines how the process unfolds. There are often ways to avoid probate litigation, but in certain circumstances it is necessary.
Huguette Clark was the daughter of a coal baron. When she died, her estate was worth more than $300 million. She had signed a will that left most of it to 21 relatives, some of whom she did not even know. At some point, however, she reportedly signed a second will that negated the first, and this action eventually led to probate litigation after she passed away.
Every Illinois resident will basically die in one of two ways, legally speaking. Either a person dies testate (meaning, he or she left a last will and testament) or intestate (meaning, there is no will). The latter can spark complications for loved ones regarding probate litigation.