Main Duties of a Trustee

Main Duties of a Trustee

If you are considering setting up a trust, it’s critical to select the right trustee to oversee it. A trustee has important obligations and responsibilities when it comes to managing, controlling, and administering a trust. Since trustees are given… Read More
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Categories: Estate Planning, Trusts
Lack of Mental Capacity i…

Lack of Mental Capacity in Estate Matters

When you lose a loved one, the grief you are forced to endure can be unbearable. The emotional anguish might be even more overwhelming in the event a dispute arises regarding their final wishes. However, if a testator was not of “sound mind” when… Read More
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Categories: Estate Planning
Is Probate Process Mandat…

Is Probate Process Mandatory in Illinois?

Probate is the legal procedure through which a person’s estate is administered after their passing. This process is supervised by a court and makes clear who will inherit the decedent’s assets. Not only is the probate process used to distribute a… Read More
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Categories: Estate Planning
Can I Contest a Will?

Can I Contest a Will?

Losing a family member is hard enough — and it can be even more emotionally difficult if you learn that you’ve been excluded from their last will and testament. In the event your loved one passed away and you were wrongfully left out of their wil… Read More
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Categories: Contested Estates
What is Undue Influence?

What is Undue Influence?

When someone creates a last will and testament, it must reflect their true wishes. Unfortunately, there can sometimes be dishonest family members or other unscrupulous individuals who might manipulate the person executing the will (the “testator”… Read More
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Categories: Estate Planning
Breach of Fiduciary Duty…

Breach of Fiduciary Duty Found in Case Involving Phyllis Schlafly Trust

Following the death of Phyllis Schlafly in 2016, a dispute arose among two of her adult children regarding an alleged breach of fiduciary duty in the disposition of assets that were held in trust. Read More
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Second District Revives L…

Second District Revives Lawsuit Between Siblings who were Co-Trustees of Parents’ Trust

The 2nd District Appellate Court recently ruled that the Kendall County Court committed reversible error when it dismissed a lawsuit brought by the plaintiff against his two siblings arising out of the their unequal division of a trust estate. Read More
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Trusts are not Only for R…

Trusts are not Only for Rich People

After going through three years of law school and practicing law for over sixteen years, I can tell you that trusts are not just for rich people. There are honest to goodness reasons why most everybody can benefit from having a trust. Read More
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Categories: Estate Planning
Illinois Moves to Expand…

Illinois Moves to Expand Vote-by-Mail Measures

The Illinois House and Senate have both passed a bill that would greatly expand voting by mail in the upcoming presidential election as well as make November 3 a state holiday this year. SB 1863 now awaits Gov. J.B. Pritzker's signature. Read More
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Categories: Legal News
Trustee's Attempt to Evad…

Trustee's Attempt to Evade Service Rejected

Illinois’ Third District Appellate Court recently affirmed the judgment of a Grundy County trial court in favor of the trustee of one trust against the trustee of another trust, rejecting the defendant trustee’s attempt to evade service of proces… Read More
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Categories: Contested Estates