In this article, we will explain contesting an heirship in Illinois. Heirship is the right of inheritance. In certain situations, heirship must be proven in Illinois by an affidavit to settle an estate, especially in cases where a will wasn’t executed by a decedent. Though the terms are often used interchangeably, their legal definitions are much different. A beneficiary is a party who inherits according to the terms of a valid will. An heir inherits based on the rules of descent and distribution. It’s possible for a beneficiary to not be related by blood to a decedent. But an heir-at-law will almost always have a familiar relation to the decedent.
In this article, we will answer, what is ademption in probate cases in Illinois. Most testators take one of two approaches when devising gifts in their will.The first is to leave each heir a designated percentage. For example, a testator could award each of their five children 20 percent of the value of their estate upon their death. Or they could award 50 percent of the value to their spouse and divide the remaining 50% percent equally or as desired between their children. The second approach is more specific and requires the testator to leave each heir a specific gift. This could be a physical item, like a home, vehicle, or piece of jewelry, or a monetary gift
When someone passes away, the person responsible for administering his or her estate (the “executor” or “administrator”) has a responsibility to determine who the deceased owed money to (known as a “creditor”) and to either pay the full amount owed from the estate or provide the creditor with proper notice of the estate. In this article, we explain the duty of an estate executor to determine creditors of the estate and provide notice of probate in Illinois.
.png){kind=small}
.png){kind=small}
In this article, we will explain Iowa will contests. After a will is admitted to probate, it may draw concern or spark doubt. If there is uncertainty surrounding the validity of a will, it may be contested by an interested party. This temporarily stops the probate process of a decedent’s estate until the contest is addressed by the court.
In this article, we answer questions about recent changes made to Iowa probate and estate law. Iowa Code Chapter 365 is the new Small Estate Statute. This recently passed legislation significantly changes the Chapter so that it applies to more of the population and hopefully simplifies the process. It goes into effect July 1, 2020 for those decedents passing on or after this date.
In this article, we examine Iowa probate claims. There are many issues that can make litigation necessary during probate including will contests, guardianship contests, and probate claims. If a decedent passes with debt, his estate is responsible for paying them. However, the estate only has to pay for these debts if a credit makes a claim for the money while the estate is in probate. These claims must be properly filed to be validated by the court.
In cases in which probate is required, the executor of the estate or the next of kin cannot take the actions necessary to administer the estate without the authority granted by the probate court. Probate is a complicated process that requires executors to prepare forms, meet deadlines, keep records, generate reports, submit filings to the court, and serve notices to creditors, heirs and local newspapers.
In cases in which probate is required, the executor of the estate or the next of kin cannot take the actions necessary to administer the estate without the authority granted by the probate court. Probate is a complicated process that requires executors to prepare forms, meet deadlines, keep records, generate reports, submit filings to the court, and serve notices to creditors, heirs and local newspapers.
Oops! Something went wrong while submitting the form :(
.jpg)
.jpg)
