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RECENT ESTATE LAW LEGAL ARTICLE

  • guardian-home-care-brightstar

    Does an older adult need a guardian to use Home Care?

    Does an older adult need a guardian to use Home Care? by Linda Kunicki, BrightStar Care When an older adult reaches a point in their lives where they need some help at home, it can be difficult to know where to turn. One option for seniors is to use an agency to hire home care….

  • file-claim-against-probate-estate-illinois

    How do I file a claim against a probate estate in Illinois?

    How do I file a claim against a probate estate in Illinois? In any probate estate, the representative of the estate (either the administrator of the executor depending on whether there is a will) is charged with the task of collecting all of the assets of the estate, paying all of the debts of the…

  • no contest provision enforceable

    Is a “no contest” provision in a will enforceable?

    Is a “no contest” provision in a will enforceable in Illinois? A no contest, or in terrorem clause, is a provision in a will or trust which is designed to threaten anyone from challenging the validity of the document. These types of provisions generally provide that in the event that someone challenges the validity will…

  • accounting-trust-beneficiaries

    Is a Trustee Required to Give an Accounting to the Trust Beneficiaries

    Is a trustee required to give an accounting to the trust beneficiaries? When someone dies and leaves their assets in a trust, it is the responsibility of the successor trustee to follow the terms of the trust. The law imposes many restrictions and requirements upon the trustee. The result is that the trustee owes a…

  • chicago remove executor from estate

    How do I remove an Executor?

    How do I remove an Executor? When a person dies with a will the will is the document which controls how their property is distributed after their death. The will also names the person who will administer the affairs of the deceased person’s Estate. That person is called the “Executor.” The Executor of a decedent’s…

  • chicago elder law

    What is financial exploitation of the elderly?

    What is financial exploitation of the elderly? We have seen an increase in probate cases involving aging adults who are taken advantage of by people they know, trust, and love. Family members often discover, too late, that their parents or grandparents have been preyed upon by a caregiver or new “friend.” Senior citizens are often…

  • trusts

    Power of Attorney – How to Sign the Document?

    Power of Attorney – How to Sign the Document? A well-crafted Estate Plan includes power of attorney documents that name an agent that can make decisions for you when you are no longer able to. For example, in a “Power of Attorney for Property”, you name an agent who can make decisions regarding your finances….

  • chicago attorney estate planning

    Power of Attorney: What Happens if You Do Not have One?

    Power of Attorney: What Happens if You Do Not have One? Power of attorney documents allow you to name an agent that can make decisions for you in the event that you are no longer able to do so. For example, in a “Power of Attorney for Property”, you name an agent who can make…

  • What are “presumptively void transfers” in Illinois?

    What are “presumptively void transfers” in Illinois? The Illinois statute entitled “Presumptively Void Transfers” protects all individuals from coercion by their caregivers. Under the statute, certain transfers to caregivers are deemed void unless the caregiver can prove by clear and convincing evidence that the transfer was not the product of coercion and undue influence by…

  • Power of Attorney Chicago

    What law protects the elderly from financial exploitation?

    What law protects the elderly from financial exploitation? Illinois statute protects elderly individuals from those who seek to financially exploit them by coercing the elderly into amending their estate plans. This is an important statute because the elderly are often preyed upon by caregivers and other individuals who see them as an easy target. This…