Estate Planning

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 […]

More and more couples are choosing to share their lives together without being legally married. There are many different reasons that a couple may decide not to get married. Some may feel like marriage is an outdated concept while others cite divorce fears as the reason for not tying the knot. Other couples simply do not believe that they need a marriage certificate to validate their relationship. Whatever your reason, if you are in a committed but unmarried relationship, there are several estate planning concerns you should be aware of. […]

If you have already developed an estate plan, congratulations! You are in the minority, but you have taken the steps toward providing security for your loved ones. However, it is also important to understand that there are certain situations or life changes that may require you to update or make amendments to your estate plan. As a Naperville estate planning attorney, I can help you know how to recognize the need for such updates and will work with you in utilizing new tools and developing terms to meet your evolving […]

When debts become overwhelming, a person may have no other choice but to file for bankruptcy. Through bankruptcy, an individual may find relief from crushing debts and enjoy a fresh start. However, bankruptcy may also have an effect on estate plans. If you are struggling financially and are considering filing for bankruptcy protection, you might also be wondering what will happen if you were to die while you are in bankruptcy. You may wonder, “What happens if a person passes away while he or she is in bankruptcy?” As an […]

When you are looking toward the future and beginning the process of developing a comprehensive estate plan, it is easy to look at account statements, insurance policies, and other documents that list physical assets to determine what property will need to be considered in your will, trusts, or other planning instruments. In today’s increasingly digital world, though, you probably have a number of other assets—whether you choose to think of them that way or not—that are only accessible through electronic means. This may include downloaded songs or apps on iTunes, […]

Do you have a plan for the allocation of your property and assets in the event of your death? Obviously, such concerns can be difficult to address, as many people, including a large number of my clients, have trouble with the concept of death and estate planning. It is extremely important, however, to formalize arrangements for your estate well in advance, because as uncertain as the future may be, leaving your estate in the hands of the state without a will or other direction, can be even more unpredictable. Personal […]

As an estate planning lawyer with over 40 years of experience, I am still surprised by the number of people who do not have a last will and testament or any other type of estate plans. Estate planning allows you to make your own decisions about how your hard-earned wealth and important family heirlooms are distributed to heirs instead leaving those decisions to the state. Even more importantly, dying without at least some type of estate planning instrument in place—called dying “intestate”—can put a serious burden on surviving loved ones. […]

The types of medical care people choose to undergo can vary dramatically. Some people diligently get their flu shots every year while others have never even considered getting a flu vaccine. Some rush to the urgent care clinic the minute their temperature reads higher than 98.6 degrees, and others avoid going to the doctor as much as possible. Whatever your decisions regarding medical care may be, these are deeply personal decisions that are yours alone to make. However, if something happens and you are incapacitated due to an accident or […]

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 no way to completely prevent arguments over inheritance or other estate planning matters, there are certain steps you can take that will greatly reduce the chances of an estate planning dispute in the future. Do […]