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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
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
Trusts are not Only for R…

Trusts are not Only for Rich People

After going through three years of law school and practicing law for over sixteen years, I can tell you that trusts are not just for rich people. There are honest to goodness reasons why most everybody can benefit from having a trust. Read More
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Categories: Estate Planning
Happy New Year from Hess…

Happy New Year from Hess Law Firm!

Hess Law Firm wants to wish you and yours a very Happy New Year! Since its founding in 2016, HLF has undergone some changes as it has evolved into the law firm that it is today, and even more change is in store for 2019. Contested Estate Litigation O… Read More
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Supreme Court Upholds Rev…

Supreme Court Upholds Revocation-on-Divorce Statute

The Supreme Court, as usual, finished the 2017-2018 term with a flourish, handing down opinions that will have far-reaching effects for years to come. But amid the excitement surrounding Janus v. AFSCME (where the Court held that Illinois’ extracti… Read More
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Don't Overlook Beneficiar…

Don't Overlook Beneficiary Designations When Revising Your Estate Plan Following A Divorce

One thing that often gets overlooked when people revise their estate plan is the need to update the beneficiary designations on life insurance policy, retirement accounts and other accounts and annuities. This is an especially important step when peo… Read More
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Categories: Divorce, Estate Planning

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