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What to Know About Beneficiary Representation When an Estate is Being Improperly Handled

 Posted on April 24, 2023 in Family Law Blog

lombard estate planning lawyerWhen a loved one passes away, it can be a difficult and emotional time for family members. In addition to grieving, family members may also have to deal with the deceased person’s estate. Unfortunately, in some cases, estates are not handled properly, which can lead to disputes and legal issues. If you are a beneficiary and believe that an estate is being improperly handled, seeking legal representation right away is crucial. 

Considerations for Beneficiaries  

Here is what you need to know about legal representation for a beneficiary in this situation: 

  • Seek legal counsel – If you are a beneficiary and believe an estate is being improperly handled, consider seeking legal counsel. An experienced estate litigation attorney can help you understand your rights and options under the law. However, it is essential not to wait to obtain legal counsel. The sooner you lawyer up, the better.

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Steps to Take as You Prepare for Mediation

 Posted on April 17, 2023 in Family Law Blog

dupage county divorce mediation lawyer Divorce mediation is a process in which a third party assists divorcing couples in reaching a settlement agreement. Mediation is often a more cost-effective and less-adversarial way to resolve disputes during divorce. The alternative is the often highly unpleasant litigation process in court. If you are considering divorce mediation, it is essential to prepare for the process. Remember that while you prepare and throughout the actual process, it is wise to consult with a divorce attorney to ensure your rights remain protected and your best interests are advocated for. 

Firstly, it is important to understand the mediation process. Mediation is a cooperative process where both parties work to reach a settlement agreement. The mediator is responsible for facilitating communication between the parties and helping them identify where they agree and disagree. The objective of mediation is to reach a mutually acceptable agreement that meets the needs of both parties. 

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What You Need to Know Regarding Contested Wills

 Posted on April 07, 2023 in Family Law Blog

arlington heights divorce lawyerA 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:

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My Elderly Loved One is Refusing to Create a Will. What Should I Do?

 Posted on March 30, 2023 in Family Law Blog

lombard estate planning lawyerWe 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: 

  • 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. 

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What is Undue Influence, and How Does it Relate to Estate Planning? 

 Posted on March 17, 2023 in Family Law Blog

lombard estate planning lawyer 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. 

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Hiring a Divorce Attorney 101: Red Flags to Be Mindful of When Going Through the Selection Process

 Posted on March 10, 2023 in Family Law Blog

arlington heights divorce lawyerHiring 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:

  • 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.

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Healthy Ways for Adults to Cope with Their Divorce

 Posted on March 02, 2023 in Family Law Blog

wheaton divorce lawyerAside 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:

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 Understanding the Common Problems that Can Arise During Estate Planning

 Posted on February 28, 2023 in Estate Planning Blog

wheaton 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.

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What Are the Benefits of a Will Over a Trust?

 Posted on February 17, 2023 in Family Law Blog

wheaton estate planning lawyer 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:

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Understanding the Rights of the Father During an Illinois Divorce

 Posted on February 10, 2023 in Family Law Blog

wheaton child custody lawyerChild 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. 

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