Understanding Testamentary Capacity

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 […]

New Law Presumes the Will of a Disabled Person to Be Void

It should come as little surprise that, as people age, many of their mental and physical faculties often begin to deteriorate. While most individuals will maintain reasonable capabilities until the end of their lives, others will require a power of attorney or a guardian to assist them in making day-to-day decisions. For the vast majority […]

Naperville Lawyer Talks About New Illinois Estate Planning Laws in 2015

Several new estate planning laws  took effect on January 1, 2015 and include the following: An amendment to the Illinois Probate Act was made which changed the probate rules for minors with short-term guardians. When a child inherits property, a court will typically appoint a guardian to represent a child’s interests. However, a court does […]

Contesting the Validity of a Will in Illinois

While talking about life after you are gone and deciding how to distribute your property can be difficult, estate planning is the responsible thing to do. There are many avenues to consider, but the most basic step to take is executing a will. Unfortunately, having a legally executed will does not always ensure a smooth […]

How to Proceed in Probate When the Life Status of the “Decedent” is Unknown

Nine years after Samuel Zagaria disappeared, his sister Joanne petitioned the Cook County probate court for a presumption of death. The court complied and appointed Joanne, Zagaria’s only heir, the administrator of her brother’s estate. But in the course of administering the estate and trying to collect insurance benefits, Samuel turned up alive. Unfortunately for […]