Share Your Experience

five star review
X
Blog
Lombard Office
630-426-0196
Wheaton Office
630-426-0196
Text Us Now
630-426-0196

DuPage County estate planning lawyer

You do not have to be materialistic to become sentimental about a loved one’s possessions or to feel slighted by the contents of his or her will or estate plan. In fact, even the most down-to-earth people may feel a sense of injustice when a will or trust appears to have been altered, coerced, or otherwise manipulated. The good news is that if you have the right information and the right resources, you may be able to contest the will and put things right again.

Grounds for Contesting a Will

While any “interested party” may contest a will (siblings, children, spouses, etc.), the contesting party must have valid grounds for doing so. In other words, you cannot simply challenge a will because you feel like it was unfair, insulting, or mean-spirited. You can, however, contest a will if you believe one of the following is true:

...

DuPage County estate planning attorney wills and trusts

When a married person decides to develop an estate plan, the person’s spouse will almost always be involved in the process. But, what happens if you are ready to start making a plan for the future and your spouse is not? You know your spouse better than just about anyone else does, so you probably realize that nagging him or her about it will probably not work. Begging or threatening is not likely to be successful either. There are, however, some things you can do to start the estate planning process despite your spouse’s reluctance. In doing so, you might just be able to convince your spouse that there is no time like the present to plan for what lies ahead.

Start On Your Own

Obviously, it would be best for everyone involved if your spouse decided to get on board before you start your estate plan, but if he or she continues to refuse, you should look for the things that you can do by yourself. For example, you can draft a will that addresses the assets that you own and specifies what will happen to them upon your death. If your solely owned assets are substantial, you might consider working with an attorney to create various types of trusts as well. Additionally, you can appoint a power of attorney for health care or property without your spouse’s input.
At this stage, you should also compile a list of your joint accounts and investments. If you outlive your spouse, there is a good chance that you will be responsible for these assets—especially if your partner never makes an estate plan. This will also be helpful to your heirs and loved ones if you and your spouse were to both die within a short period of time.

...

Lombard estate planning attorneyMany people assume that estate planning is for the rich or for those nearing the end of their life. Is this really true, though? Does everyone need to create an estate plan, or is it just for certain people? Is there a correct time to start? Or are these just common misconceptions that get in the way of planning for the future? At our firm, we are here to help you better understand the purpose, intent, and timing of estate planning, and why you should consider creating one, regardless of your income level.

Not Just for the Rich

Despite the misconception surrounding estate planning, the process is not just for those that have a lot of money, property, or assets to leave behind. In fact, even those with relatively few assets can benefit from estate planning. There may be family heirlooms or sentimental items that your children or other heirs want. You may have final expenses, and you will almost certainly need someone you trust to close out your bank accounts, social media accounts, or other personal accounts. Additionally, if you have young children, it is important that you name a guardian for them to ensure they are raised by someone you trust.

No Time Like the Present

Waiting around to complete your estate plan is not a good idea. After all, tomorrow is not guaranteed, and the unexpected could literally occur at any time. Regardless of your age—be it 18 or 86—you should consider creating an estate plan now. While you are of sound mind, you can and should make decisions about whom should take care of your final matters, get your personal items, take guardianship of your children, and make medical decisions for you in the event that you become incapacitated in the future.

...

Wheaton estate planning attorney wills and trusts

There is no question that every American adult should put some kind of estate plan in place to protect themselves in the event of the unexpected. Even a basic will could offer a level of direction and security for surviving family members and loved ones if a tragedy were to occur. Unfortunately, over half of all adults in the United States do not have any type of estate plan, including a simple will.

Many possible reasons exist as to why a person might not have an estate plan, but procrastination is certainly among the most common. Nearly everyone realizes that having an estate plan is probably better than not having one, but relatively few make estate planning a priority. Sadly, those who drag their feet often become the unknowing targets of scams run by individuals and entities looking to profit from the uncertainty and fears of those who are simply seeking the peace of mind that comes with having an estate plan.

...

Wheaton estate planning lawyerTrust and estate litigation is a unique area of law, and it usually requires the services of an experienced estate planning attorney. This is because trust and estate litigation does not conform to the model of a typical lawsuit. The issues involved are generally motivated not by the specifics of a trust and how it is set up, but by the emotional content of the family baggage and conflict behind the dispute.

Danger Ahead: Unresolved Family Issues in a Court of Law

The most unique aspect applicable to many cases dealing with trust and estate law is that the clients are usually contending with a situation that is occurring in the context of an unfortunate family tragedy—that is, the death of a loved one. This adds a different dynamic to the needs of the client and how they will be best served by legal representation.

Among the initial concerns in a will or trust dispute are, in many cases, unresolved family dynamics. These unresolved issues (often years or decades in the making) must be addressed under very difficult circumstances, such as when somebody has recently passed away, and in the challenging forum of the courts. The attorney you retain to represent your interests needs to be sensitive to the family issues and be capable of resolving them in such a way that maintains family unity and prevents it from becoming fractured by bitter litigation.

...
Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
Back to Top