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RECENT ESTATE PROBATE AND TRUST ADMINISTRATION LEGAL ARTICLE

  • 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 IL Power of Attorney

    What Happens if I do not have a Power of Attorney for Property?

    What Happens if I do not have a Power of Attorney for Property? A Power of Attorney for Property is one of the most powerful Estate Planning tools available. A Power of Attorney for Property document is useful while an individual is still alive. Unlike a will, the terms of a Power of Attorney for…

  • Grounds for contesting a will in Illinois

    Grounds for contesting a will in Illinois: After a loved one’s death, there is nothing more unsettling than finding out that they left a will which (1) appears to be the product of coercion by some outside individual or (2) was executed after the decedent lost the mental capacity to sign a will. If you…

  • Contesting a Will in Illinois Based on Lack of Capacity:

    Contesting a Will in Illinois Based on Lack of Capacity: Illinois law recognizes that any testator (the person who executed the will) must have sufficient mental capacity to complete his or her will (also known as “testamentary capacity”). Sometimes the testator will execute a will shortly before their death or during a time when they…

  • Council Advisement

    Contesting a Will in Illinois Based on Undue Influence:

    Contesting a Will in Illinois Based on Undue Influence: Illinois law recognizes that individuals may be subject to the undue influence of those around them. When someone is a victim of undue influence, the result is the creation of a will which does not truly reflect their wishes and leaves most or all of their…

  • What is a Fraudulent Transfer in Illinois?

    What is a Fraudulent Transfer in Illinois? The term “fraudulent transfer” refers to a transfer of property which is made for the purpose of deceiving a creditor and inhibiting the creditor from collecting a debt owed. An example of a fraudulent transfer would be the following: Day 1: An individual has $200,000. Day 2: A…

  • Types of Claims against an Illinois Probate Estate

    Types of Claims Against an Illinois Probate Estate A probate claim refers to a claim for money, or other property, that someone has against the estate of a deceased individual. If the individual owed money during his or her life, then that debt remains, and it is the responsibility of the decedent’s estate to pay…

  • Trust Litigation

    What is Probate?

    Get the Facts Straight About Probate The word “probate” often makes people nervous or worried about an extended legal battle. We have all heard stories from family and friends about property being “tied up” in probate. We have often been encouraged to avoid probate by attorneys and financial planners. However, the probate proceeding is simply…