Adult guardianship proceedings are complicated in their own right, but sometimes jurisdictional confusion adds an extra layer of difficulty. There may be no question about the appropriate jurisdiction for an adult guardianship proceeding where all relevant parties have lived, and continue to live, in the same jurisdiction; however, such is not always the case given the increasing mobility of the …
Why a Trust Is the Best Option to Avoid Probate
Ideally, when someone passes away, the paperwork and material concerns associated with the deceased’s passing are so seamlessly handled (thanks to excellent preparation) that they fade into the background, allowing the family and other loved ones to grieve and remember the deceased in peace. In fact, the whole business of estate planning—or at least a significant piece of it—is concerned …
Three Reasons to Avoid Probate
When you pass away, your family may need to sign certain documents as part of a probate process in order to claim their inheritance. This can happen if you own property (like a house, car, bank account, investment account, or other asset) in your name only and you have not completed a beneficiary, pay-on-death, or transfer-on-death designation. Although having a …
Don’t Rest Easy: Reopening a Closed Estate in Illinois
When a loved one passes away, navigating the probate process can be daunting and exhausting. Once the estate has been distributed and probate is closed, it would be nice to rest easy knowing that “what’s done is done;” however, it is important to understand that there are a few circumstances where a closed estate can be reopened again in Illinois. …
Why a Trust Is the Best Option for Avoiding Probate
As Ambrose Bierce once darkly observed, “Death is not the end. There remains the litigation over the estate.” Obviously, ideally, when someone passes away, the paperwork and material concerns associated with the estate are so flawlessly handled (thanks to excellent preparation) that they fade into the background, allowing the family to grieve and remember in peace. In fact, the whole …
The Pros and Cons of Probate
In estate planning circles, the word “probate” often comes with a starkly negative connotation. Indeed, for many people — especially those with larger estates — financial planners recommend trying to keep property out of probate whenever possible. That being said, the probate system was ultimately established to protect the property of the deceased and his/her heirs, and in a few …
3 Celebrity Probate Disasters and Tragic Lessons
With extreme wealth accumulated, one would assume that celebrities would take steps to protect their estates. But think again: Some of the world’s richest and most famous people enter the pearly gates with no estate plan in place, while others have made estate planning mistakes that tied their fortunes and heirs up for years in court. Let’s take a look …
Selling a Deceased Loved One’s Real Estate: Things You Need to Know
After the death of a loved one, such as a parent, there are a variety of tasks that must be handled to wrap up your loved one’s final affairs. Selling your deceased loved one’s real estate is one of the more daunting ones. But before you call a real estate agent, you should take some time to get familiar with …
What To Do After a Loved One Dies
If you’ve been appointed an executor of a loved one’s estate, or a successor trustee, and that person dies, your grief – not to mention your to-do list, including tasks ranging from planning the funeral, coordinating relatives coming in from out of town and (eventually) meeting with a trust administration or probate lawyer – can be quite overwhelming. First and …
3 Tips for Overwhelmed Executors
While it is an honor to be named as an executor of a will or estate, it can also be a sobering and daunting responsibility. Being an executor (sometimes called a personal representative) requires a high level of organization, foresight, and attention to detail to meet responsibilities and ensure that all beneficiaries receive the assets to which they are entitled. …