What Is a Pour-Over Will and How Does It Work?

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 […]

When Should I Consider Naming a New Executor?

A will is the foundation for almost any comprehensive estate plan. As you probably realize your will can contain a variety of provisions that allocate your estate to your chosen heirs, as well as establish arrangements for the care of your minor or disabled children. One of the most crucial elements of your will is […]

5 Tips That Could Help You Avoid a Will Contest

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 […]

Naperville Estate Planning Lawyer on Preventing Future Inheritance Disputes

In my years as an estate planning attorney, I have seen many families suffer through conflicts caused by arguments over inheritance concerns. Not only can a will contest or other estate planning dispute cause contention between loved ones but these conflicts can also be very time consuming and incur considerable expense. While there may be […]

Naperville Estate Planning Attorney on How a No-Contest Clause Could Prevent Your Will From Being Challenged

When an individual dies with a will or trust in place, the decedent’s surviving loved ones have an opportunity to contest, or challenge, the estate planning document. A will or trust should only be contested if the surviving loved ones have a reason to believe that the will was not valid. For example, if they […]

Naperville Estate Planning Attorney Talks About the Problem of Undue Influence

The period immediately following the death of a close loved one is nearly always challenging, even if the death was the result of a long illness or health problems dating back many years. In the midst of your grief, it can be very troubling to discover that the will your loved one created was recently […]

Naperville Estate Planning Attorney Discusses Contesting a Will Due to Lack of Testamentary Capacity

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 […]

Naperville Estate Planning Attorney Talks About Handwritten 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, […]

Are You Concerned About the Validity of Your Loved One’s Will?

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 […]

Naperville Estate Planning Lawyer Discusses “The Big Three” of Estate Planning

If something tragic happened to you on the way home today, do you have any idea what would happen to your assets and belongings? For the purposes of this hypothetical, assume that the same tragic thing happened to your spouse at the same time. According to recent estimates, more than half of American adults do […]