Tag: Illinois estate planning attorney

Attorney-Client Privilege During a Will Contest

Posted on March 26, 2015

Lately, I have been hearing a great deal of talk about a case currently before the Illinois Supreme Court. The high court recently heard oral arguments in a case called Brunton v. Kruger, which asks the court to consider the scope of the accountant-client privilege during probate. Specifically, the court must determine what happens to the privilege after the client dies and to what extend this privilege can be waived. Here are the basic facts of the case: An elderly couple hired an accounting firm to perform estate planning services. […]

Posted in Estate Planning

Modifying an Existing Will

Posted on November 19, 2014

When a will is created, it must be in writing and signed by the testator—the person for which the will is made—or by a person in the testator’s presence and by the testator’s direction. Additionally, it must be attested in the presence of two or more credible witnesses. Can Wills be Modified? Illinois probate law permits testators to make additions to their lawfully executed wills with a codicil—a supplement that alters, amends, or modifies a will instead of replacing it. A codicil republishes the will, which means that probate is […]

Posted in Estate Planning

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

Posted on April 29, 2014

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 Samuel, that was not the end of the story. The physical fact of his existence did not immediately invalidate the legal presumption of death. Samuel had to ask the court to revoke the presumption and […]

Posted in Estate Planning

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