Hess Law Blog

Common Mistakes When Writing a Will

5 Common Mistakes When Writing a Will

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… Read More
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Categories: Estate Planning
Personal representative dealing with creditors and outstanding debts.

A Personal Representative Guide to Dealing with Creditors

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… Read More
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Categories: Estate Planning
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

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