When an estate goes through the probate process in Illinois, an executor or administrator has the responsibility to accurately identify and report the property and assets that comprise it. However, their job can often become more difficult if a wrong…
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A fiduciary relationship is one in which a party owes the other certain obligations based on a high level of trust. While fiduciary duties often arise in business relationships, they are also an inherent part of the estate administration process. Imp…
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The basic types of power of attorney allow an individual to appoint another person to make important decisions for you if you are unable to do so because of illness or disability. These agreements are created under Illinois law and must meet specific…
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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…
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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…
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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…
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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…
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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”…
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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.
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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.
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