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So far Chicago Estate Lawyer has created 24 blog entries.

Aretha Franklin Dies Without a Will or Living Trust, $80M at Stake

By | August 23rd, 2018|Estate Planning, Probate|

Legendary singer and performer Aretha Franklin died on August 16, 2018, leaving behind a legacy of thousands of performances, and countless chart topping Jazz and R&B hits. What did she not leave behind? A will or living trust. When someone passes away without a will or living trust, they die “intestate”. This means that there are no official documents that instruct Franklin's heirs on how to distribute her assets. A recent Gallup poll suggests that only 44% of Americans actually have a will, which leaves the vast majority of people’s children responsible to dispose of their property when they die [...]

Obtaining a Guardianship in the State of Illinois: Understanding a Petition’s Preliminary Process

By | August 14th, 2018|Guardianship|

Seeking the legal guardianship of another person or of his or her estate can be a necessary tool for many parties. While advantageous, the process for petitioning for a guardianship can be difficult. Incorrectly filing for a guardianship can result in the denial of such which can be time consuming as well as financially straining. In order to seek the guardianship of another person or of his or her estate, it is important to understand the general overview of the petition process. Further, while petitioning for a guardianship can be submitted without the assistance of an estate attorney, the support [...]

Obtaining a Guardianship in the State of Illinois: Understanding the Qualifying Factors of a Guardian and the Importance of Seeking Legal Representation

By | July 11th, 2018|Guardianship|

Obtaining a Guardianship in the State of Illinois: Understanding the Qualifying Factors of a Guardian and the Importance of Seeking Legal Representation Seeking a guardianship can be a useful and important tool for many families or other parties. A guardianship can be granted for minors, and under specific situations, it can also be granted for those over the age of eighteen. In order to seek a guardianship for those over the age of eighteen, the individual needs to be disabled due to a mental decline, a physical disability, or a mental disorder. If you are unsure if a guardianship is [...]

Obtaining a Power of Attorney for Health Care in the State of Illinois

By | June 9th, 2018|Estate Planning, Wills & Trusts|

If you reside in the State of Illinois and are looking to obtain a power of attorney, you should know that there are two basic types of forms available. The first one is a power of attorney that will grant power to a person concerning your property and/or assets. The second one, which concerns health care, will be addressed in this article. (755 ILCS 45/) Illinois Power of Attorney Act "Sec. 2-1. Purpose. The General Assembly recognizes that each individual has the right to appoint an agent to make property, financial, personal, and health care decisions for the individual but [...]

Qualifying for a Court-Ordered Guardianship in Illinois

By | May 21st, 2018|Estate Planning, Guardianship|

A guardianship can be important for people to obtain for many reasons. A guardianship is necessary when a person in Illinois needs to manage the affairs of another individual who is typically referred to as a ward. Through this process, the overseer will be appointed by the Probate Court. The overseer can be an individual, an institution, or even an agency. This article will cover important factors to consider when deciding if seeking a guardianship is the right process for you. Who Would Typically Qualify for a Guardianship? The law in the State of Illinois will generally presume that individuals [...]

Drafting a Will in the State of Illinois

By | April 12th, 2018|Estate Planning, Probate, Probate Law|

A will is commonly referred to as a "last will and testament" in many regions, including Illinois. A will can help you to protect your family, other survivors, and even your property in the aftermath of your passing. You can draft a will in order to: Give your property to a specific person or even to an organization, In order to name a guardian to look after your children, To name an individual to be held responsible for the assets you have left for your minor children, or To name a responsible person who will ensure that your last wishes [...]

Important Factors When Obtaining a Power of Attorney in Illinois

By | March 16th, 2018|Conservatorship, Estate Planning, Probate, Wills & Trusts|

Obtaining a power of attorney in the State of Illinois can give another person, agent, or party the legal right to make financial or health care decisions on your behalf in the event that your because incapacitated to make these on your own. When a power of attorney is obtained, this power can be flexible and it can also be valid for an indefinite and definite period of time. Factors To Consider When Assigned a Power of Attorney While a power of attorney can be formulated without the assistance of a lawyer, it can nonetheless be beneficial to obtain the [...]