Category: Probate


Challenging A Will

Challenging A Will

We’ve all read news articles and seen television episodes about people who prey on the elderly for their money. Let me tell you, it is real and it actually happens. In fact, there is actually an entire state agency dedicated to protecting adults from financial exploitation. While it usually isn’t as dramatic as on television,  … Read more

Preparing Your Will: A Checklist

  • Robert S. Thomas,
  •   Estate Planning, Probate
  •   Comments Off on Preparing Your Will: A Checklist
Preparing Your Will A Checklist

A lawyer can help you plan your estate to ensure that your loved ones are taken care of. When I help a client prepare a will, I need complete and accurate information to provide the best legal guidance possible. For this reason, I’ve put together a checklist of information that you will need to gather  … Read more

Why Do I Need a Lawyer to Plan My Estate?

  • Robert S. Thomas,
  •   Estate Planning, Probate
  •   Comments Off on Why Do I Need a Lawyer to Plan My Estate?

Why do you need a lawyer to plan your estate? Details. The answer is in the details. While Google provides you a world of information about the law at your fingertips and even sample forms that purport to be legal documents for you to print out, I would highly advise you to consider the following:  … Read more

When Do Clauses In A Will Become Legally Effective?

  • Robert S. Thomas,
  •   Estate Planning, Probate
  •   Comments Off on When Do Clauses In A Will Become Legally Effective?

No part of a will can become effective until the will is successfully probated. Facts:  In July 2013 a man named John Schumann passed away. In March 2014, Mary Herren, Mr. Schumann’s caretaker and holder of his power of attorney, requested the court to allow her to probate a will that John executed back in  … Read more

Can a Minor, Disabled Person, or Mentally Incompetent Person, Execute a Will?

  • Robert S. Thomas,
  •   Estate Planning, Probate
  •   Comments Off on Can a Minor, Disabled Person, or Mentally Incompetent Person, Execute a Will?

In most cases, no, but there is an exception. Probate cases are governed by the Probate Act of 1975 (755 Illinois Compiled Statutes Sections 5/1-1 and 5/4-1(a)) For a Will to be enforceable by Illinois courts, the Will must be executed by a competent testator (maker of the Will) who is of legal age. According  … Read more