Estate Planning

According to the law, a person cannot enter into a legally binding contract such as a will or trust if they cannot fully understand what they are agreeing to. Many wills have been contested by family members who had concerns about their deceased loved one’s testamentary capacity, or cognitive wellness. In my experience as an estate planning lawyer, I have helped clients who worried that their loved one’s will did not accurately reflect their loved one’s final wishes. Lack of testamentary capacity is one of the most common reasons wills […]

When the “Queen of Soul” Aretha Franklin died last year, there was a great deal written about how she died without a will or any other type of estate plan in place. In fact, I even discussed that very topic in a post on this blog around the time of her death. In recent months, however, reports have surfaced indicating that several handwritten wills were found in the singer’s home. The wills were reportedly signed and dated, but they were neither notarized nor witnessed, so there are still many questions […]

In today’s world, most people are constantly being asked to donate to one cause or another. You can hardly go into a store or open your mail without seeing some type of donation request. As a practicing lawyer and a proud member of the Naperville community, I understand that charitable organizations provide a wide range of valuable services to their intended beneficiaries. I also know that those who donate often gain a sense of personal satisfaction from helping people in need or those suffering from a serious illness or debilitating […]

Estate planning includes more than creating a will or trust to address the disposition of your assets after you pass away. Estate planning also deals with decisions about future medical care you do and do not wish to receive. Have you ever considered what type of death-delaying treatments you would want to receive if you were gravely ill? For example, would you want to be kept alive via a ventilator even if doctors did not believe you would ever regain consciousness? Creating a comprehensive estate plan allows you to be […]

Estate planning is similar to flossing, eating healthy, and doing your taxes. We know it is a necessary task which has great benefit, but we sometimes procrastinate or find reasons not to do it. In fact, less than half of Americans have a will, trust, or other estate planning instrument in place. In my experience as an estate planning attorney, I have met many people who I could tell were hesitant to delve into the world of estate planning. I have also seen the peace of mind and pride these […]

The purpose of a Last Will and Testament, trust, or other estate planning tools should always be to ensure that a loved one’s final wishes and inheritance directions are followed. However, sometimes there are questions about the validity or enforceability of a person’s will. Elderly individuals or those with illnesses that affect cognition can be taken advantage of by people who wish to gain financial benefit by manipulating them. Other individuals can be tricked or forced into signing a will that they would normally have approved. In situations like this, […]

Although it can be a challenging topic to address, estate planning is critically important for those who wish to have a say in how their property and assets are handled upon their death. A comprehensive estate plan can also allow you to decide things like what type of medical care you want and do not want if something tragic happens to you and who should speak on your behalf if you are incapacitated. Because estate planning is such an important, and often, emotionally difficult process, it is crucial that you […]

When you think about a time when you will no longer be around to care for your family, it may be scary to consider how those who need you most will fare when you are gone. This may be especially true if you have a son, daughter, brother, sister, or cousin with a serious disability or any other special needs who is unable to properly care for him- or herself. As an estate planning attorney, I understand the challenges that come with caring for a person with special needs, as […]

As an estate planning attorney, I realize that it can be hard to know exactly how to divide your assets and property upon your death. Many people want to leave an inheritance for their children and other family members, but are unsure about who should get what. Asking family for input on inheritance and estate planning decisions can result in an assortment of answers. Some of your loved ones may suggest that you simply divide their inheritance equally. However, it can be hard to determine what “equally” really means. Regardless […]