Naperville Lawyer Talks About Estate Planning and Divorce

Many mental health professionals believe that the emotions that accompany a divorce are often very similar to those associated with the death of a loved one. While no one can reasonably claim that divorce and death are the same, there is little question that a divorce will change your life forever. In fact, the effects […]

Fame, Fortune, But No Estate Plan: Naperville Lawyer on the Death of a Music Legend

While it might be a bit of a stretch to suggest that the world was shocked to learn that music icon Prince had died last month, it certainly came as a surprise to most people. Rumors and speculation about drug abuse and addiction continue to swirl, but, as of yet, the cause of the 57-year-old […]

Naperville Estate Planning Attorney on the Advantages of a Revocable Living Trust

As an estate planning lawyer, I understand how difficult it can be to consider what will happen after your death. A large number of my clients express that exact concern, but bravely and responsibly take the necessary steps to provide security for their families. Without proper preparation, the court may assume control over your assets […]

Choosing an Executor for Your Estate

For many people, estate planning is difficult, as it requires a person to objectively consider the reality that he or she will not live forever. Despite the challenges, preparing for the future is always a good idea, and a qualified estate planning attorney can certainly help throughout the process of preparing a will, a living […]

Preventing a Will Contest

A long-time Chicago Cubs baseball player died in January, leaving behind a sports legacy—and a contested will. Three months before his death, Ernie Banks executed a new will that bequeathed his entire estate to his caregiver. The new will does not include provisions for Banks’ estranged wife or his adult children, who are now challenging […]

Attorney-Client Privilege During a Will Contest

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 […]

Disabled Adult Beneficiaries May Require Guardianship Petitions

Illinois law recognizes that not every adult is capable of making decisions – whether personal or financial – for himself or herself. People in these situations often need someone looking out for their interests, especially when such interests become the subject of a legal proceeding. One common example arises whenever a disabled adult is named […]

New Illinois Probate Law Signed to Protect against Caregiver Abuse

A new Illinois probate law will prevent non-family caregivers from financially abusing their elderly patients. Beginning on January 1, 2015, the statute will create a presumption of fraud regarding property transferred to a non-family caregiver through a will or other instrument, if the transfer exceeds $20,000. This presumption applies only to “caregivers” and excludes the […]

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 […]