Illinois Probate Law Articles

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.

Probate matters in Iowa are the official manner in which an estate is settled under supervision of the court. When a person dies without an established will, an executor is appointed to gather and value owned assets, settle remaining debts, and distribute assets to heirs. Probate prevents fraud and theft after a death. Without it, debts could go unpaid and assets could be improperly distributed.

A trust is a legally binding arrangement between three parties where a trustor grants a trustee permission to hold assets on behalf of a beneficiary. Though there are many types of trusts, all with different purposes and benefits, they can all be contested within the Iowa court system. An heir or beneficiary may wish to contest a trust in Iowa simply because they don’t agree with its terms, but their request will be denied. In Iowa, there are four accepted grounds to challenge the validity of a trust.

In this article, we discuss some legal grounds for trust contests in Iowa. Undue influence is another common ground for disputing a trust in Iowa. Undue influence is defined as excessive persuasion that causes a trustor to act out of character or refrain from exercising their free will. For a trust to be valid in Iowa, it must be made by a trustor who has testamentary capacity, or is of sound mind with full comprehension of their actions. A trust can be successfully contested if the trustor’s mental state at the time the trust was drafted or signed is in question.

In this article, we answer questions surrounding surviving spouse’s rights in Iowa probate. In Iowa, surviving spouse’s rights ensure a spouse will receive an inheritance from their deceased spouse’s property, even if there is no will in place. In some situations, a spouse may inherit everything from an estate, but this depends on whether the deceased had children from a previous relationship.

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.

When a family member dies and the appropriate relatives begin to go through the probate process it’s normal to have a lot of questions. Confusion over first steps, what comes next and what the process entails can increase stress during an already stressful time. One question that can arise if the deceased person owned debt, often in the form of credit card debt, is whether the close relatives are personally responsible for that debt. It’s not uncommon for creditors to begin calling family members in an effort to collect on the deceased person’s debt.

In this article, we discuss land trusts and creditors claims against land trusts. A land trust in Illinois provides a unique opportunity for individuals to handle the ownership of real estate property that is not widely available to other states across the country.