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What does undue influence look like?

Not many people believe that their family or their loved ones could be the victim of undue influence. That is something saved for fiction that adds an exciting twist to a story. However, undue influence is one of the most common reasons people contest the will of their loved one during probate. Unfortunately, there is no stable definition The definition of undue influence varies by state. Illinois law states that undue influence occurs if something prevents the creator of the will from establishing or executing their wishes. And the influence must connect directly with the execution of the will during probate. That is a...

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Addressing a pet’s care during and after probate

Recently, fashion icon Karl Lagerfeld passed away at the age of 85. Among the many details of his estate, which is estimated to be worth $300 million, is the fact that Lagerfeld reportedly included his cat in his will. Pet owners here in Illinois may feel inclined to make similar decisions when it comes to their estate plan. As such, while your loved one's pet may not stand to benefit from a multi-million-dollar estate, there will likely be pet-related details you will need to address during probate. Below are some tips to make this a little easier. Check the owner's will....

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Seeking swift probate? Don’t make these mistakes

After a loved one passes away, it can take a long time for friends and family members to recover. There is often grief to manage and difficult life changes to which they must adjust. Adding a lengthy probate process on top of all this can be overwhelming. This is why many people want to expedite probate. As a loved one, you can play a role in this endeavor. Just be sure you avoid the following mistakes that can drag out the process: Hoping everything will work itself out - If you believe that there is something wrong or misguided during probate,...

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What does an executor do during probate?

When someone passes away, loved ones and/or the courts will decide what to do with the decedent's properties, assets and liabilities. This can be difficult, but often, a person's estate plan will provide critical guidance. One particularly important point of guidance will be to assign someone to ensure a person's wishes are carried out properly. This person is the executor. Whether you are creating an estate plan or your loved one named you as the executor of his or her estate, it can be crucial that you understand what an executor does during the probate process in Illinois. Job duties of an...

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3 ways having an estate plan makes probate easier for loved ones

When people think about reasons why they should have an estate plan, they often think of protecting their assets and documenting their wishes. However, having an estate plan also plays an important role for loved ones. In fact, without an estate plan, many aspects of a person's death can become much harder than they need to be. One element in particular that benefits from an estate plan is the probate process. When there is a plan in place, probate can be much easier for loved ones in at least a few different ways. Probate will typically go faster. During probate, the...

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4 reasons why someone might contest a will during probate

Every adult should have a will in place. This document can accomplish many goals, from establishing a person's wishes for asset distribution to making the probate process easier for loved ones. However, there are circumstances under which someone might contest a will, or question its validity during probate. There are several reasons why people contest wills, and below, we examine four of them. We also discuss some basic steps people can take to prevent will contests. Why contest a will? Contesting a will means raising an objection based on the belief that it is invalid for reasons such as the following. The testator...

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What happens during probate?

After a loved one passes away, family members and friends can be dealing with considerable grief. Having to settle the person's affairs often makes this difficult situation even more upsetting, and many people don't know what to do. In this post, we will discuss briefly what happens during probate in an effort to make the process a little easier. What is probate? Backing up, we should explain that probate is the process through which the courts verify a person's will and distribute the person's assets. This happens once a person (typically the estate executor) opens a probate case with the courts. If there...

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