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Lombard estate planning attorneysYou have worked hard to earn the property that you currently own so it is understandable that you would want to have control over who inherits this property upon your death. Disinheritance refers to the act of purposely excluding someone from your will in particular or your estate plans in general. There are many different reasons that a person may choose to disinherit an heir. He or she may have ended his or her relationship with the heir due to abuse or conflict, have concerns about how the heir would spend inheritance funds, or simply believe that the heir is financially secure enough to miss out on an inheritance. Whatever your reasons for disinheriting an heir, doing so can sometimes prove to be a challenging legal process. For help understanding Illinois inheritance laws, drafting a last will and testament, or developing other estate plans, contact an experienced estate planning lawyer.

Disinheriting a Spouse

Through an estate plan, an individual can leave his or her property to anyone or any organization he or she chooses. However, Illinois law does not typically permit a person to disinherit his or her spouse through a will without the spouse’s consent. If a last will and testament does disinherit a spouse, the surviving spouse may be able to “renounce” the will formally. Presuming the renunciation is successful, he or she would then be entitled to a portion of the deceased spouse’s estate. If the deceased person has children, the surviving spouse may be entitled to one-third of the estate. If there are not any surviving children, the spouse may be entitled to one-half of the estate.

It is important to note, however, that an individual’s right to renounce his or her spouse’s will does not extend to living trusts or certain other estate planning documents. It should also be noted that if there is a situation in which the terms of a will conflict with the terms of a prenuptial agreement, the prenuptial agreement takes precedence.

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Lombard estate planning lawyersEstate planning is arguably one of the most important things a person will do during their entire life, and as such, everything matters. The slightest discrepancy may be attacked, and your wishes may not be honored if your estate is not set up and administered properly. Perhaps the most important choice you must make while estate planning is picking your executor, who can ensure that your wishes are carried out as you prefer and act on your behalf.

Responsibilities of an Executor

A person who has been named an executor in Illinois has 30 days following the death of the testator in which to either submit the will for probate or refuse the appointment. The responsibility of managing another’s estate is a heavy one, and, as such, it is important to pick the right person. The instinct for many is to choose their spouse, but this is not always the best choice, especially if you are of similar ages and he or she may be older and/or ill when the time comes for them to assume the role. Who you choose must be able to fulfill all of the duties of the executor including:

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