Will vs. Living Trust: Un…

Will vs. Living Trust: Understanding the Differences

When it comes to estate planning, there are a variety of tools available to help individuals and families protect their assets and plan for the future. Two of the most common estate planning documents are wills and living trusts. While they both serv… Read More
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Categories: Estate Planning
Probate a Will

Why Probate a Will

A will is a legal document that allows you to distribute your assets and property after your death. It can also be used for other purposes, such as naming an executor or trustee to oversee the property left behind by the deceased person or, if you ha… Read More
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Who Can Sue for Breach of…

Who Can Sue for Breach of Fiduciary Duty?

Introduction A fiduciary is a person or entity who has been entrusted with the care of another’s assets, generally for the purpose of carrying out the desires or intent of the trustor. Because of the trust inherent in a fiduciary relationship,… Read More
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Will contests can be successful

How Often are Will Contests Successful?

Introduction The process for contesting a will varies by state, and it can be a complicated matter. However, here’s a general overview of how the court would go about invalidating one through will contests: Prove that it was not signed or witne… Read More
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Categories: Contested Estates
Corporate Veil of an Illi…

Corporate Veil of an Illinois LLC Cannot be Pierced, Court Rules

Resolving an apparent conflict between Illinois’ Limited Liability Company Act (the “LLC Act”) and a body of case law governing piercing the corporate veil of corporations, the Fourth District Appellate Court recently upheld a trial court’s r… Read More
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Matthew Hess

Matthew Hess Obtains Summary Judgment in Presumptively Void Transfers Act Case

After more than 4 years of litigation, Matthew Hess recently obtained summary judgment on behalf of a woman who was being sued by the two sons of her close family friend, after the friend designated her as the beneficiary on a 401(k) account in place… Read More
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Common Mistakes When Writing a Will

5 Common Mistakes When Writing a Will

Your last will and testament is one of the most important documents you will ever execute. But while you might think you have a will in place that satisfies your objectives, this may not be the case. There are a number of formalities that must be com… Read More
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Categories: Estate Planning
Personal representative dealing with creditors and outstanding debts.

A Personal Representative’s Guide to Dealing with Creditors

Being the personal representative or executor of a loved one’s estate comes with a significant amount of responsibility. Some of the essential duties that must be performed are related to dealing with the decedent’s creditors. Not only must poten… Read More
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Categories: Estate Planning
Businessman place the money heap in a row of wooden domino that continuously falling down to stop the crash

Recovering Assets in a Citation Proceeding

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… Read More
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Categories: Contested Estates
Estate Administration: Wh…

Estate Administration: What is Breach of Fiduciary Duty?

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… Read More
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Categories: Estate Planning