Tag: Illinois Probate Act

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 […]

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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