Family feuds and disagreements over the distribution of an estate are an even bigger threat than taxes when it comes to an individual's inheritance. Whether the family is united or divided, it is essential to clarify even the tiniest details during the estate planning process. If that has not happened and the individual is already deceased, working closely with a probate lawyer is the best way to ensure an equitable division of assets before disagreements grow into legal battles with loved … [Read more...]
Search Results for: probate
Don’t Leave Your Family Hanging When You Die
Posted on August 8, 2018 //
When a person becomes incapacitated or dies without an adequate estate plan in place, his or her loved ones are left trying to make decisions based on what they believe the person would want. In some cases, loved ones may not be able to make any decisions at all. An estate plan provides guidance to friends and family members about their loved one's desires regarding the end of life care, after death plans, and property distribution. The Last Will Dying intestate can leave property and even … [Read more...]
If You Died Tomorrow, Who Would Get Your Kids?
Posted on July 9, 2018 //
It is imperative to decide who will care for the kids well in advance just in case the parents don’t survive long enough to see their children become adults. Naming a legal guardian to take custody of the children and provide for their daily needs, basic health and education can be done by adding the information into a will. While the court has the final say, the parents' choice will typically be honored when a will exists. In the absence of a will, or when a guardian is not named in a will, the … [Read more...]
Estate Planning Checklist for Everyday People
Posted on June 11, 2018 //
An estate planning checklist can help everyday people ensure that choices about medical care, asset allocation, and even who cares for minor children are honored. Regardless of age, assets, or health status, nearly everyone needs an estate plan. By creating a checklist, people can make sure that important elements that pertain to their situations are considered and that all bases are covered. There’s More to Estate Planning than Drawing Up a Will An estate plan comprises a person’s wishes … [Read more...]
Dying Without Direction (The Nasty Consequences of Dying Without a Will)
Posted on May 8, 2018 //
Drafting a will is arguably the most significant stage of the estate planning process and failure to create one often comes with nasty consequences. When someone dies, the assets that are left behind are typically distributed to heirs. When a will is not available, decisions about who will receive property, who will take care of the kids, and even who will execute the deceased's estate are left up to the state. Dying Intestate in Illinois For those who are thinking about a will, people who … [Read more...]
Asset Protection Trusts Offer Peace of Mind for Your Financial Future
Posted on April 9, 2018 //
Asset protection trusts are effective tools to protect a person's property from judgments, creditors, and lawsuits now, and in the future. Property held within an asset protection trust is not considered to be the property of the beneficiaries, so it can typically escape seizure for debt collection. Learning more about the features of domestic and offshore asset protection trusts can help ensure that an appropriate type of trust is established. The Basics of the Asset Protection … [Read more...]
When a Spouse is Excluded from a Will in Illinois
Posted on January 22, 2018 //
In general, a testator in Illinois can disinherit anyone – including a spouse. In fact, Illinois is one of the few states that allow married people to use estate planning techniques to ensure there is no eligible property left for surviving spouses claiming renunciation shares. Under Illinois law, however, excluded spouses may still be able to claim a portion of the probate estate. Prenuptial Agreements Take Precedence When the terms of a prenuptial agreement conflict with a will in … [Read more...]
Bits of Wisdom from an Estate Planning Attorney
Posted on January 8, 2018 //
Probate is easy to avoid with adequate planning and foresight. Transferring assets, designating beneficiaries and taking advantage of a few estate planning tools can help ensure that people avoid probate. Probate Can Be a Long, Expensive Process Probate is a legal process that decides how a person's assets are to be distributed upon death. Although probate is often a routine procedure, it can become expensive and drawn out if putative heirs (people who were excluded or under-included) … [Read more...]
Treating Children Differently but Fairly in a Will
Posted on August 7, 2017 //
Parents sometimes leave unequal inheritances to their children and just because these amounts are uneven doesn’t necessarily mean they are not fair. Decisions are often based on the needs of adult children, their achievements, major gifts that were already given, and alternative forms of estate planning. The Unequal Situation Parents often create their wills with the current financial situations of their children in mind. The following is an example of a scenario that a … [Read more...]
Estate Planning for Same Sex Couples
Posted on July 13, 2017 //
Same sex couples often have unique circumstances that can sometimes result in more complicated or creative estate planning techniques being implemented to ensure that their wishes are followed. Fortunately, there are a few simple steps that LGBT couples and their estate planning attorney can take to avoid potential pitfalls in the future. According to the pros, same sex couples should: Review their legal marital status ahead of time In Illinois, same sex marriage has been legally … [Read more...]
