Posted on January 12,2024 in Estate Planning

The more beneficiaries there are in a will, the more likely someone will be left disappointed enough to attempt to contest it. It is not uncommon for family, friends, or colleagues to feel snubbed after a will reading. Some are grateful, whereas others feel they deserve more. When attempting to contest a will, it will require a reason that is more than "I think I deserve more." An attorney with experience in probate litigation can offer assistance in having a will thrown out by challenging its validity.

Common Reasons For Contesting A Will

There are a few different reasons to contest a will that can be successful. However, undue influence and a lack of testamentary (mental) capacity are the two most common reasons a will may be contested. Undue influence is when you feel that the testator (the person who made the will) was coerced or pressured into creating or revising the current will. Lack of testamentary capacity is when the person contesting feels that the testator was not of sound mind and body when creating the will. Other reasons for contesting a will include fraud or whether or not the will was executed and signed by state laws.

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 Posted on December 11,2023 in Estate Planning

Getting your affairs in order so that your golden years are much more enjoyable takes careful planning and foresight. By properly planning your estate, you put yourself in a better position to mitigate risks and take control of your “endgame.” An estate planning lawyer will have invaluable advice and guidance on how best to stay on track to meet your expectations later in life. Of course, planning mistakes can happen, and it is better to be proactive in avoiding committing them as early as possible.

You Do Not Have a Plan

The biggest mistake you can make with estate planning is not having a plan. Even those with a plan may have one poorly conceived and may have only garnered minimal thought on your part. Without a will or trust in place, the distribution of your assets is left up to the state to decide. If you care about leaving behind an inheritance or want someone to make decisions on your behalf when you are unable to do so, you must meet with an estate planner. Father, time will not wait, so why should you?

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 Posted on November 10,2023 in Estate Planning

Many people find trusts beneficial. Whether or not you choose to create a living trust is a personal choice. Though a lawyer is not necessary, hiring one experienced in estate planning can bring you much-needed peace of mind.

What is a Trust?

A trust can allow a grantor to entrust their assets to another while alive and maintain some control over them. It also allows the grantor to determine who receives their property after they die. While alive, a trust will manage your assets. Once you die, the trustee will distribute the assets to those that align with your wishes.

Benefits of a Living Trust

Living Trusts, which are created while you are alive, are designed to avoid probate, manage your assets in the case of incapacitation or death, and safeguard your financial property. A living trust can draw out a complete plan for how to deal with current and future assets. They can help you get assets to the right people and help protect them from others. Because of this, a trust can provide a special kind of peace of mind for how your assets will be handled.

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 Posted on October 10,2023 in Uncategorized

Divorce can bring along disputes that linger long after the process is finalized. An ex-spouse can often feel resentful or angry toward the other, creating a difficult situation moving forward. Divorce is already stressful enough without having to deal with the fallout. Thankfully, there are steps you can take to weather the storm that a difficult ex can bring about.

An uncooperative or combative spouse can only make life harder for you. Your best bet is to recognize where the conflict is coming from and adapt accordingly. A divorce lawyer can help with these matters. You can discuss your challenges with an attorney and they will often provide helpful tips to follow that can navigate the unwanted stress.

Avoid Engaging with Your Ex

An ex-partner may try to bait you into an argument that has no winner. It is best to walk away, end the conversation, or never begin one at all. Your ex’s behavior is out of your control. There is no point in attempting to engage with them after a divorce unless minor children are involved.

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 Posted on September 21,2023 in Uncategorized

Proper estate planning is crucial for everyone. It is important to know and avoid common mistakes. Being proactive and strategic with your estate plan allows you to efficiently transfer assets to chosen beneficiaries and provide for loved ones. Working with an Illinois estate planning attorney can help streamline the process for you.

Not Creating a Customized Will

A primary mistake is never creating a will customized to your specific situation. Having a properly drafted will prevents assets from having to go through lengthy court-supervised probate and allows you to distribute property according to your wishes. It also lets you name a guardian for minor children.

Underestimating the Probate Process

Many people underplan for probate, the court-led process of asset distribution after someone dies. Even a simple estate can take over a year to go through probate. You can avoid probate through advanced strategies like creating a revocable living trust. 

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