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DuPage County contested will attorneyIt can be traumatic when the loss of a loved one is coupled with shock and surprise over a will that transfers the estate’s assets in a way that appears inconsistent with the intentions of the deceased testator. If you are dealing with such a scenario in the wake of the loss of your parent, spouse, child, or another close relative, you may have the option to formally contest the validity of the will in question. In doing so, you should work closely with an experienced Illinois wills and trusts attorney.

 A Will Must Comply With Applicable State Laws to be Valid

Wills and trusts are serious business. As such, a will must comply with all formalities imposed by state law in order to be regarded as valid. For example, Illinois law requires that a will must be signed by the person whose estate it concerns, who is known as the “testator”. In addition, the testator’s signing of the will must occur in the presence and hearing of two valid witnesses. In most cases, in order to be a valid witness of a will, a person must not be a beneficiary of the will. If you have reason to believe that the will was not created in accordance with these requirements, you may have grounds to contest it.

The Drafting and Execution of a Will Must Be Free from Undue Influence and Fraud

In addition to signature and witness requirements imposed by Illinois state law, the drafting and signing of a will must be free from undue influence and fraud. Undue influence exists when a testator is subjected to extreme pressure or severe duress to the extent that free will is suppressed. When mental or physical capacity diminishes with age, a testator may be particularly vulnerable to undue influence exerted by individuals lacking scruples.

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Lombard estate planning lawyerA last will and testament can serve as the backbone to any estate plan. It can be used to determine who will become the executor of your estate, who will inherit what, and who will assume guardianship of your children or your pets. But, there are some things that a will cannot do. In some cases, the limitations are set by state laws or federal regulations. However, there are also situations in which additional documents can be used to ensure your final wishes are carried out.   

When Incapacitation Precedes Death

Wills are meant to cover what happens after your death, but not all accidents, illnesses, or chronic health conditions lead to immediate death. When incapacitation occurs, whether it is short-term or long-term, physicians will follow standard protocols. If you have wishes that deviate from that standard of care, additional estate planning documents are needed. Examples include:   

  • Power of Attorney for Health Care: Also called a medical proxy, giving someone power of attorney over your health care allows him or her to make medical decisions for you, should you become incapacitated.

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Lombard estate planning lawyerIt seems that at least a dozen times a year, we hear of families fighting over the distribution of assets of a deceased person’s estate. At first glance, it may seem silly to squabble over such matters, but many underestimate the emotional value that can be placed on a tangible item. Maybe it is that china set used for family holiday dinners that everyone is fighting over. Or, perhaps it is simply easier to focus on the argument than the grief of losing a loved one.

Unfortunately, asset and estate arguments can also damage family relationships. Feelings get hurt. Words are said that are not truly meant. Resentment can live on long after the assets have found their homes. And, a good share of the estate may have been lost while trying to resolve the matter in probate court. Thankfully, careful planning can prevent family arguments before they start, regardless of any underlying issues.

Wills and Trusts – How They Differ

When people consider creating an estate plan, wills are what typically come to mind. However, there are many other tools that can be used when creating an estate plan—some of which may make all the difference between a family fight and a peaceful division of assets.

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Lombard estate planning attorneyVideo wills are not a new concept. In fact, they have been around since the early 1980s—basically since video cameras became widely available to the general public. You may have even seen one featured in a show or movie, probably used for dramatic effect. Maybe the owner of the fortune cut someone out of the will at the last minute or made conditions through which an heir might receive their fortune. Are they really legally binding, though? More importantly, should you use one for your estate plan? The following explores this interesting and unique option, and provides some details on how to execute it properly, should you decide this is the right option for you. 

Video Wills and Your Family

One of the biggest reasons that individuals decide to read their will on video is because they want to give their family one last memory. For some, it is a way to heal broken bonds. For others, it is a way to comfort from beyond the grave. Whatever your reason, ensure your intentions are pure. No matter how angry or irritated you might be with a member of your family, no matter how distant the two of you might have become, they will still likely grieve losing you. So be sensitive and kind. It will be their last memory of you.

Video Wills and the Law

Though a video may give your family comfort after your death, it will not be considered legally binding on its own. Illinois law requires that a will be written, and it must be signed in the presence of at least two witnesses. This means that you will likely still need a written document that has been kept in a safe place in addition to your video will. Of course, the video could still be used as evidence to prove that you were of sound mind at the time of creating the will, should any of your family members contest the will’s validity. Still, it is important that you speak with your estate planning attorney to determine what (if any) legal value a video will lend to your situation. 

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Lombard estate planning attorneyThe 2015 landmark ruling by the U.S. Supreme Court in Obergefell v. Hodges was a game-changer of epic proportions. All couples—regardless of gender or sexual orientation—were given the right to marry in all 50 states. As such, they were afforded the very same rights as all married couples, including tax breaks and exemptions, ownership equality, and legal mechanisms that ensure survivorship and guardianship rights.

But, more than five years later, many couples are still facing legal challenges. Some are the same challenges experienced by all married couples. Others are completely unique to LGBTQ relationships. Regardless, couples should plan accordingly with an estate plan that reflects their needs and wishes in the event of an unexpected health complication or death.

Rights Under the Marriage Equality Law

Just like all other married couples, same-sex couples may file their taxes jointly, receive the same tax exemptions, have access to survivorship benefits under all pensions, insurance, and retirement benefits, give tax-free gifts to one another, and have spousal priority and identity in the event of their partner’s incapacitation or death. These provisions are guaranteed at both the state and federal levels and cannot, under any circumstances outside of divorce, be revoked by any government agency.

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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
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