What are the Responsibilities of an Executor of a Will?
In a will, an individual identifies an executor to represent his or her estate. Some of the duties of the executor are as follows.
What does “probate” mean in Illinois?
The probate process in Illinois is the process in which a person’s assets are distributed after they die. It may also be related to a person who has become permanently disabled and needs a guardian.
When is a transfer presumed to be fraudulent?
How does one know if the law will presume a transfer is fraudulent? In Illinois, the courts have determined that if certain “badges of fraud” are present, then the transfer is likely fraudulent.
What is a claim against an Illinois probate estate?
Once a probate estate is opened, it is the job of the representative of the estate to resolve any claims seeking a payment from the estate.
How do I file a claim against a probate estate in Illinois?
During the probate process, anyone with a claim against the estate has the opportunity to file that claim and present it to the court.
Is a “no contest” provision in a will enforceable?
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.
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.
What happens if I do not have a power of attorney for property?
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 Property document are not effective after you die.
Grounds for contesting a will in Illinois
If you discover that your loved one left behind a will which does not appear to reflect their true wishes, you should consult with a qualified estate litigation attorney immediately to discuss initiating a will contest lawsuit.
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”).