Tag: Naperville estate planning attorney
Should I Use Incentive Trusts in My Estate Plan?
Posted on October 29, 2020
As you approach the often-difficult topic of estate planning, it is understandable that you want what is best for your heirs—especially if they are your children or grandchildren. We would like to believe that our descendants will be responsible and mature enough to handle a sizeable inheritance, but deep down, we know that this is not always the case. Some people simply struggle to establish healthy spending habits, and for these people, money tends to burn a hole in their pocket. As an estate planning attorney, I am often asked […]
Understanding Testamentary Capacity
Posted on October 25, 2017
In my practice as an estate planning lawyer, I have helped hundreds of clients draft wills that help provide long-term financial security for their family members and loved ones. I have also assisted a number of beneficiaries and others in contesting wills that they believed did not truly reflect the wishes of the individuals who created them. There are several grounds on which a will contest may be filed in Illinois, and among the most common is the alleged lack of testamentary capacity by a will’s creator. It is important […]
The Rights of Surviving Spouses and Dependent Children
Posted on January 26, 2015
Preparing an estate plan is a wise decision. However, even with a valid estate plan in place, your express wishes might not be carried out. For example, Illinois probate law affords special rights to surviving spouses and minor children that could contravene specific provisions in your will. Electing to Take a Statutory Share The surviving spouse has the right to renounce the decedent’s will in favor of taking a statutory (or elective) share of the decedent’s probate assets. This statutory share amounts to one-third of the estate if there are […]