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Will County estate planning attorney wills and trusts

Thinking about your eventual death may be uncomfortable, but it is often important in order to ensure that your wishes are carried out correctly and your family is provided for. As you consider your estate plan, you may be aware of the importance of a will, which can clarify your wishes involving the distribution of your assets. However, you should also consider the benefits of establishing a trust to provide additional protection. An experienced family law attorney can help you draft an estate plan to fit your unique situation. 

Why a Trust May Be Right For You

A trust offers many benefits when compared to simply specifying the distribution of assets in your will. These benefits include:

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Will County trusts and estate plan attorney

During the probate process, you might find that the last will and testament of the decedent seems suspicious. For instance, perhaps you or someone else from the family has been completely removed from the will without provocation or justification. Or maybe the will seems vastly different from what the decedent had expressed when he or she was alive. This is especially challenging if late in life the decedent had begun losing many mental faculties or had remarried. But before you jump to conclusions and immediately contest the will, you need to know from the start whether you and your case even qualify for such legal actions.

Who Has the Legal Right to Contest a Will?

Essentially, there are two types of people who are permitted by law to contest a will:

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Will County estate planning attorney probate

A person’s last will and testament typically appoints an individual to serve as the executor or personal representative of the estate. The executor is required to file the will in probate court within 30 days after the decedent’s death. There are many steps and legal procedures involved in the probate process. As an executor of someone’s estate, you are likely grieving the loss of your friend or family member. Therefore, considering all the tasks you must complete can be overwhelming and daunting. However, by working with an attorney, this process can be completed as quickly and efficiently as possible. The following are a few tips for how to handle the legal proceedings for this important responsibility:

6 Primary Steps

By law, the Illinois Probate Act dictates that an executor must do all of the following during the probate process:

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DuPage County probate attorney

If you are an executor or personal representative of the estate for a person who recently passed away in Illinois, you will need to file his or her last will and testament in probate court within 30 days of the death. Depending on the will and how extensive his or her estate planning was, this probate process can get particularly complex. Therefore, it is important to seek the assistance of a knowledgeable probate lawyer to make sure everything is done properly. Below is a closer look at key terms from the probate process in Illinois so that you know exactly what it entails.

Key Terms and How They Apply to Probate

Before you even begin the probate process, it is important to define and understand the following key terms:

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