When it comes to estate planning, there are a variety of tools available to help individuals and families protect their assets and plan for the future. Two of the most common estate planning documents are wills and living trusts. While they both serv…
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Why Probate a Will Introduction A will is a legal document that allows you to distribute your assets and property after your death. It can also be used for other purposes, such as naming an executor or trustee to oversee the property left behind by t…
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Who Can Sue for Breach of Fiduciary Duty? Introduction A fiduciary is a person or entity who has been entrusted with the care of another’s assets, generally for the purpose of carrying out the desires or intent of the trustor. Because of the tr…
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The success of a will contest depends largely on the circumstances of each case. If you're considering challenging the validity of a will, it's important to know what factors could lead to invalidating it and what steps you can take.
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Resolving an apparent conflict between Illinois’ Limited Liability Company Act (the “LLC Act”) and a body of case law governing piercing the corporate veil of corporations, the Fourth District Appellate Court recently upheld a trial court’s r…
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After more than 4 years of litigation, Matthew Hess recently obtained summary judgment on behalf of a woman who was being sued by the two sons of her close family friend, after the friend designated her as the beneficiary on a 401(k) account in place…
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Your last will and testament is one of the most important documents you will ever execute. But while you might think you have a will in place that satisfies your objectives, this may not be the case. There are a number of formalities that must be com…
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Being the personal representative or executor of a loved one’s estate comes with a significant amount of responsibility. Some of the essential duties that must be performed are related to dealing with the decedent’s creditors. Not only must poten…
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When an estate goes through the probate process in Illinois, an executor or administrator has the responsibility to accurately identify and report the property and assets that comprise it. However, their job can often become more difficult if a wrong…
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A fiduciary relationship is one in which a party owes the other certain obligations based on a high level of trust. While fiduciary duties often arise in business relationships, they are also an inherent part of the estate administration process. Imp…
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