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What Constitutes Incapacity for Conservatorship?

Search Results for: probate

What Constitutes Incapacity for Conservatorship?

When an adult becomes incapacitated and incapable of managing his or her affairs, conservatorship transfers the power to manage that adult’s financial affairs or personal care to another person or entity. This legal process of appointing a conservator is known as probate conservatorship. The law requires conservators to act in their ward’s best interests at all times. When Can a Court Grant Conservatorship? A court usually grants conservatorship when an adult is incapacitated and unable to … [Read more...]

Understanding the Life Cycle of Your Will

A Will goes through three major stages: initial planning, drafting, and execution. Understanding what the three stages entail can help a testator leave a well-drafted and executed Will to his or her family members. It will also ensure the testator’s wishes are honored after his or her death. Initial Planning Initial planning is the first and most crucial stage of creating a Will. It involves determining who will inherit the assets once the testator dies. Depending on the testator, the … [Read more...]

All in the Family: Estate Planning to Preserve Your Home

Estate planning is the most reliable way for a person to preserve a family home and have it transferred to the heirs upon his or her death. It can also help him or her reduce tax obligations. Estate planning can offer a framework in case a person becomes incapacitated. An estate trustee, for instance, can take the responsibility of managing the estate in case the original owner is unable to do so. Options for Preserving a Family Home … [Read more...]

When the Health Care Proxy and the Financial Power of Attorney Can’t Agree

When the health care proxy and the financial power of attorney cannot agree, a careful review of and discussion about the power of attorney documents or mediation may help resolve disputes. If an agreement still cannot be reached, conflicts may need to be resolved by the probate court. Many Power of Attorney Documents State How to Handle Disputes If a dispute happens, adult children can look at the power of attorney documents. If they were created by a skilled estate … [Read more...]

How to Avoid A Family Feud: Estate Planning 101

Advanced estate planning can help ease resentment and prevent family feuds over inheritance while preserving the wishes of the deceased. By ensuring the appropriate documents are in place, intentions are clearly communicated, and all property is included, people can reduce the chances of family discord after they die. The Right Estate Planning Tools for the Job A will serves as a guide for the allocation of assets, but wills alone may not be enough to prevent disputes between heirs when a … [Read more...]

Leave Proper Documents For Your Loved Ones

In estate planning, the right end-of-life documents are the key to ensuring an individual's needs and desires are followed after death. A will can help individuals protect against unwanted taxes or probate court concerns, and a trust can help add even more protection. By ensuring the proper documentation is in place early, Illinois residents can safeguard their families and their beneficiaries after death. Lists Help Take Stock of Finances First, individuals working on their estate plans … [Read more...]

Estate Planning During the COVID-19 Pandemic

The COVID-19 pandemic has caused many to turn their thoughts to the "what ifs" of end-of-life planning, yet estate planning becomes more difficult when legal teams are under stay-at-home orders and keeping their firms closed. For those who are ready to make changes to their estate plan, this time of introspection provides an excellent opportunity to start with the help of an estate planning lawyer. Why Make an Estate Plan? The COVID-19 pandemic has shown that all it takes is an illness to … [Read more...]

Covid-19 Provides Opportunity For Estate Planning

Estate planning in light of a global pandemic requires specific strategies to execute a proper estate plan while protecting people from the virus. The reality of a global pandemic has caused many to think about what would happen to their loved ones if they were gone. This is an excellent time to start an estate plan or give an existing estate plan another look, and most of the steps can be taken safely even in light of a global pandemic. Extra Time Makes Estate Planning Easier As people are … [Read more...]

How to Find Out if You Were Named in a Will

A last will and testament file, stampers, a pen, and a pair of eyeglass on the table After the death of a loved one, people may learn through a notice from the estate executor or by searching out the information for themselves whether they were named as beneficiaries. When creating a last will and testament, testators may specify their beneficiaries, or those whom they want to inherit from their estates, and what they want each to receive. Even the most open and close-knit of families may not … [Read more...]

The 5 Illinois Estate Planning Secrets You Need to Know

No one likes to think about the end of their life or the death of a loved one. As a result, estate planning is a difficult issue that many people want to avoid discussing. Unfortunately, there is a steep price to be paid for avoiding estate planning discussions and legal preparation. Without a proper estate plan, your assets might not be distributed as you intended and your loved ones could suffer the consequences in terms of time, money, and stress. Comprehensive estate planning, however, … [Read more...]

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