Hess Law Blog

Businessman place the money heap in a row of wooden domino that continuously falling down to stop the crash

Recovering Assets in a Citation Proceeding

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… Read More
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Categories: Contested Estates
Estate Administration: Wh…

Estate Administration: What is Breach of Fiduciary Duty?

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… Read More
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Categories: Estate Planning
What Are The Basic Types…

What Are The Basic Types of Power of Attorney in Illinois?

The basic types of power of attorney allow an individual to appoint another person to make important decisions for you if you are unable to do so because of illness or disability. These agreements are created under Illinois law and must meet specific… Read More
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Categories: Estate Planning
Main Duties of a Trustee

Main Duties of a Trustee

If you are considering setting up a trust, it’s critical to select the right trustee to oversee it. A trustee has important obligations and responsibilities when it comes to managing, controlling, and administering a trust. Since trustees are given… Read More
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Categories: Estate Planning, Trusts
Lack of Mental Capacity i…

Lack of Mental Capacity in Estate Matters

When you lose a loved one, the grief you are forced to endure can be unbearable. The emotional anguish might be even more overwhelming in the event a dispute arises regarding their final wishes. However, if a testator was not of “sound mind” when… Read More
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Categories: Estate Planning
Is Probate Process Mandat…

Is Probate Process Mandatory in Illinois?

Probate is the legal procedure through which a person’s estate is administered after their passing. This process is supervised by a court and makes clear who will inherit the decedent’s assets. Not only is the probate process used to distribute a… Read More
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Categories: Estate Planning
Can I Contest a Will?

Can I Contest a Will?

Losing a family member is hard enough — and it can be even more emotionally difficult if you learn that you’ve been excluded from their last will and testament. In the event your loved one passed away and you were wrongfully left out of their wil… Read More
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Categories: Contested Estates
What is Undue Influence?

What is Undue Influence?

When someone creates a last will and testament, it must reflect their true wishes. Unfortunately, there can sometimes be dishonest family members or other unscrupulous individuals who might manipulate the person executing the will (the “testator”… Read More
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Categories: Estate Planning
Breach of Fiduciary Duty…

Breach of Fiduciary Duty Found in Case Involving Phyllis Schlafly Trust

Following the death of Phyllis Schlafly in 2016, a dispute arose among two of her adult children regarding an alleged breach of fiduciary duty in the disposition of assets that were held in trust. Read More
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Second District Revives L…

Second District Revives Lawsuit Between Siblings who were Co-Trustees of Parents’ Trust

The 2nd District Appellate Court recently ruled that the Kendall County Court committed reversible error when it dismissed a lawsuit brought by the plaintiff against his two siblings arising out of the their unequal division of a trust estate. Read More
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