Recent Blog Posts
What You Need to Know Regarding Contested Wills
A contested will can throw a family into turmoil, causing emotional distress and threatening the intended distribution of assets. Understanding the basics of contested wills and the grounds for contesting a will can help you navigate this challenging and delicate situation. Those going through a contested will process must be made aware of the reasons for contesting a will and the legal process involved.
What is a Contested Will?
A contested will arises when someone disputes the validity of a will or its provisions. This often happens when a family member or other interested party believes the will does not reflect the testator’s (the person who made the will) wishes or that the will was executed improperly.
Grounds for Contesting a Will
There are several grounds for contesting a will, including:
My Elderly Loved One is Refusing to Create a Will. What Should I Do?
We hear all the time how, regardless of your age, estate planning is essential for the future. At the foundation of many estate plans is a will. As a result, it can be highly distressing to learn that an elderly loved one does not have a will and is refusing even to make one. Today, we will discuss what you should do if your loved one refuses to make a will and some tips to approach this delicate situation. Remember, to start the estate planning process, contact an attorney to guide you through the process to ensure everything is done correctly.
Tips for Approaching the Situation
Consider these tips when approaching the situation, such as:
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Understand their perspective – Before you can convince your loved one to create a will, it is essential to understand their perspective. For example, they may have fears or concerns about making a will, such as not wanting to face their mortality or not wanting to cause family conflict. By better understanding their perspective, you can address their concerns and find a way to move forward.
What is Undue Influence, and How Does it Relate to Estate Planning?
Estate planning is an important process involving various decisions about how a person’s assets will be distributed after death. However, there are situations where the estate planning process can be influenced by outside parties, which can lead to serious legal challenges. One such situation is undue influence. Today, we will discuss what precisely undue influence is and how it can affect estate planning. For any questions or concerns regarding estate planning, contact an estate planning attorney to ensure the process is followed lawfully.
So, What is Undue Influence, and What Factors Can Help Establish Its Existence?
Undue influence is a legal concept that refers to situations where a person is coerced or manipulated into making decisions that are not in their best interests. For example, in estate planning, undue influence can occur when someone uses their power or influence to pressure a person into making decisions about their assets that they would not have made otherwise.
Hiring a Divorce Attorney 101: Red Flags to Be Mindful of When Going Through the Selection Process
Hiring the right divorce attorney is crucial for achieving a favorable outcome in your divorce case. However, with so many divorce lawyers to choose from, it can be challenging and downright overwhelming to determine which one is the right fit for you. Today, we will review common red flags that you may encounter as you look to hire a divorce attorney. For anyone looking to get a divorce, hiring an attorney with high levels of knowledge and experience are vital attributes to look for when hiring a divorce attorney.
Look Out for These Red Flags
Here are some red flags to be mindful of when hiring a divorce attorney and how to avoid making them, including:
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Lack of experience in divorce cases – When hiring a divorce attorney, choosing one with experience handling divorce cases is essential. Family law is a complex area of law that requires specific knowledge and skills. Make sure your attorney has a history of securing favorable results for clients.
Healthy Ways for Adults to Cope with Their Divorce
Aside from the financial implications of a divorce, the psychological repercussions of ending a marriage can be devastating. It is not uncommon for people who are getting divorced to suffer from problems like depression, anxiety, or even substance abuse. As a result, those going through a divorce must take care of themselves and be aware of their needs.
In December, we wrote a blog that discussed healthy ways parents can help their children cope with divorce. Today, we will review several healthy coping mechanisms for adults going through a divorce. If you are considering getting a divorce, consider contacting an experienced divorce attorney to ensure you understand your legal options during this difficult time.
Coping Mechanisms for Adults Going Through a Divorce
Divorce is a significant life transition that can be emotionally challenging for anyone involved. While it is understandable for adults to feel overwhelmed and frustrated during this time, it is essential to handle the divorce process healthily and constructively. Here are some tips on how adults can cope with their divorce, including:
Understanding the Common Problems that Can Arise During Estate Planning
Estate planning is the process of arranging for the management and distribution of a person’s assets after they pass away. While estate planning can provide peace of mind and ensure that loved ones are cared for, several potential problems can arise. Today, we will discuss some of those potential problems. If you need assistance with estate planning matters, contact a qualified attorney to ensure your estate planning goals can become a reality.
Problems that May Arise During Estate Planning
One of the biggest challenges of estate planning is ensuring that all assets are accounted for and adequately valued. This can include everything from bank accounts and investments to real estate and personal property. Without a clear understanding of the value of these assets, it can be challenging to make informed decisions about how to distribute them.
Another common issue in estate planning is family dynamics. Family members may have different expectations or preferences for how assets should be distributed, and these disagreements can lead to familial conflict and even legal battles. Therefore, it is essential to be open and honest with family members about your intentions and to consider seeking the advice of a neutral third party to help mediate any disputes that may arise.
What Are the Benefits of a Will Over a Trust?
Regarding estate planning, two of the most popular options are wills and trusts. While both can be effective tools for passing on assets to beneficiaries, some key differences between the two may make one option more favorable than the other for certain individuals.
Last month, we wrote a blog that discussed the benefits of a trust over a will. Today, we will review the benefits of a will over a trust. If you are interested in creating a will, a trust, or another form of estate planning, contact an estate planning attorney who will ensure that you have the proper guidance necessary to make an informed decision.
Benefits of a Will Over a Trust
Below are a couple of benefits that separate wills from trusts. These benefits may include the following:
Understanding the Rights of the Father During an Illinois Divorce
Child custody issues during Illinois divorce can often be contentious, as both parents may have strong opinions about their children's future. Many fathers worry about their rights during a divorce. They assume that Illinois divorce courts favor mothers over fathers. However, it is essential to remember that Illinois law recognizes both parents' involvement in their children's lives as equally vital to safeguard the children's best interests, regardless of the gender of the parents.
During a divorce case, the court will decide issues regarding custody and parenting time in accordance with the children's best interests. In Illinois, there is a presumption that both parents have the right to meaningful relationships with their children, and both should be allowed to make decisions regarding their children's upbringing.
Understanding Living Wills and Why They Are Important
A living will, also sometimes referred to as an advance healthcare directive, is a legal document that lays out an individual's wishes regarding their medical treatment if they are unable to make decisions for themselves. In Illinois, a living will is a document that specifies what types of medical treatments an individual would like to receive or refuse in the event of a terminal illness, persistent vegetative state, or other life-threatening conditions.
Today, we will look at the many advantages of creating a living will while focusing on what makes them an especially important estate planning tool. If you are interested in creating a living will, do not hesitate to contact an experienced estate planning attorney who will work to ensure your rights remain protected and respected throughout the process and that your estate planning goals become a reality.
What to Know About Contested Documents in Illinois Estate Plans
The immediate aftermath of a loved one’s death is often a time of great sorrow. If there is any contentiousness regarding your loved one’s estate, this time of great sadness can become even more challenging to deal with as you try to sort out your deceased loved one’s assets and property. Unfortunately, contesting estate planning documents can occur for various reasons. Whether you are looking to contest a document or are an executor looking to protect an estate, hiring an experienced estate planning attorney may be necessary to ensure procedures are followed lawfully and that a resolution can be achieved in your favor.
Why Would an Estate Planning Document be Challenged?
In most cases, an estate planning document is usually challenged because there is doubt among the contesting party that the deceased person’s decision-making at the time the document was made was in some way corrupted, either by an outside party meddling or by the deceased individuals’ cognitive abilities at the time the documents were created. If you have reason to believe your loved one was not of sound mind or was unduly influenced when creating documents for their estate plan, an experienced estate planning attorney may be able to assist you in resolving the situation.
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