Estate Planning

Within the realm of estate planning, there are many terms and phrases that can be very confusing to the average person. At times, it can feel like planning for your family’s future requires learning a new language altogether, just so you can know what tools and instruments to utilize. Most people are familiar with the idea of a will and have probably heard of trusts. But, did you know that wills and trusts are used in conjunction with one another in a comprehensive estate plan? As an experienced estate planning […]

If you have taken the time to develop an estate plan, you are already ahead of about half of all Americans. In creating an estate plan, you have recognized the importance of planning for the future. Of course, estate planning means more than just deciding who will get which of your assets upon your death; the process can also help ensure that provisions are in place for a time when you can no longer make decisions for yourself. As an experienced estate planning lawyer, I applaud those who have taken […]

As uncomfortable as it may be for many people to think about what will happen to their property and assets after their death, estate planning is crucial to providing loved ones with security and peace of mind. Sadly, when a loved one passes away, families are often fractured by disputes over the decedent’s estate, sometimes leading to years of tension between family members who were once very close. In some cases, a would-be beneficiary feels so slighted that he or she decides to initiate a will contest and take the […]

The legal practice area known as “estate planning” is an umbrella term to cover what you want to have happen upon your death. The paperwork that outlines your wishes can include a number of tools, such as paperwork designating who receives what, information on which medical treatments you do or do not want to be performed, and naming someone to be in charge of the asset distribution process. Some clients choose to utilize all of these estate planning tools, while others may rely on one to have their wishes followed. […]

The creation of a will can be one of the most important legal decisions you will ever make; however, many people put this critical document on the backburner. Life circumstances can get in the way, as your first job may quickly lead you to marriage and children, and before you know it, your kids are off to college. Legal professionals always advise people to formulate their will early in life, continuing to edit the details as life changes. This is especially pertinent during these tumultuous times as COVID-19 runs rampant, […]

Many people die with some debt, whether it is credit card debt or unpaid utility bills. The executor is tasked with paying valid claims that have been submitted in a timely manner. When the estate has cash in it, then it is relatively easy for the executor to pay the claims. Problems can arise, however, when there is not enough cash in the estate to cover all debts. In this situation, the executor will need to sell estate assets, but these sales can anger beneficiaries who were expecting to inherit […]

Under Illinois law, the executor must file a decedent’s will with the probate court and, within 30 days, institute a proceeding to have the will admitted to probate. Ideally, the testator would have told relatives where his or her will was being stored while living. Unfortunately, this is not always the case. Instead, nobody might know where a will was stored—or if one was even created. As experienced probate attorneys, the Gierach Law Firm has helped many family members search for wills. Below, we offer our tips for the best […]

Being the executor of someone’s estate is a serious responsibility. If someone has appointed you as their executor, you may be a bit overwhelmed and unsure of what the role actually involves. An executor is a trusted individual that is appointed to “tie up loose ends” after a person passes away. Whether you have been appointed as someone else’s executor or you want to learn more about choosing an executor in your estate plans, an experienced estate planning attorney can help. Duties of an Executor If a friend or family […]