Category: Probate

Probate and Out of State Property

  As it stands, the probate of an estate is a lengthy process that can take many months to several years. Imagine then, that you have to open probate proceedings in two or more different states, each with its own laws and with different lawyers. This is exactly what happens when a decedent lives and  … Read more

Discovery and Recovery of Assets

  When an estate enters probate, the court tasks an executor or administrator with the critical and practical tasks necessary to guide the case from beginning to end. One of the critical duties that the court orders of the executor or administrator is to accurately and thoroughly identify and report the property that makes up  … Read more

Why Does Probate Take So Long?

  As you have read on my blog numerous times, proper estate planning is essential to making sure that your loved ones are taken care of in accordance with your wishes. One of the goals for many people is to avoid the probate process entirely. This is because probate can take a really long time,  … Read more

Determining Capacity in a Guardianship Proceeding

  The aging process can lead to incredibly difficult decisions that have to be made on behalf of our loved ones. This can include the following – they cannot make critical medical decisions for themselves, or they cannot manage their day-to-day care. It can also include when a person loses the ability to make financial  … Read more

Replacing a Guardian in Illinois

Replacing a Guardian in Illinois

Guardians may be appointed for adults who have been legally determined incapable of handling their own personal or financial affairs due to mental illness, mental deterioration, physical incapacity, or other form of recognized disability. There are two types of guardianship appointments. The first is a guardian of the person, who makes decisions about the person’s  … Read more

Obtaining Temporary Guardianship

Obtaining Temporary Guardianship

The law in Illinois presumes that anyone over the age of eighteen is able to make their own decisions about their lives or their money. There are, however, exceptions to this rule, such as when a person suffers from mental deterioration, mental illness, or debilitating physical disability. In these instances, a person over the age  … Read more

Understanding Testamentary Capacity

  Estate planning is meant to provide certainty and clarity to a person’s last wishes, so that they can rest assured that their loved ones are provided for. A will is the primary mechanism for most people to explicitly establish how their property will be divided upon their death. Unfortunately, there are times that people  … Read more

Letter of Office in Probate Proceedings

Letter of Office in Probate Proceedings

When a person creates a will, they put time and careful consideration into how they want their property divided and how their families will be taken care of. Significantly, they choose an executor, a person or entity that they trust to carry out the important tasks of distributing their property in accordance with their wishes  … Read more

Final Probate Steps: Closing the Estate

The role of an executor or administrator of an estate can be stressful and time consuming; yet, it is a role of indisputable importance. Moreover, every step of the administration process and probate case is important. Failure to comply with the probate statutes or federal law can create costly delays, or open the executor up  … Read more

Estate Tax Relief for Surviving Spouses

Marriage is a sacred bond. You have made vows to your spouse, who is your partner in life and is your most important relationship. You have worked hard together, raised children together, and planned your lives together. That is why when people plan their estates, the first priority is often to make sure that their  … Read more