In this article, we explain the Illinois rules of construction for wills and trusts. If an Illinois will or trust contains language that is vague or subject to multiple interpretations, interested parties can file a lawsuit called a “construction action” to request that a court determine how the ambiguous language in the will or trust should be construed.
Revocable living trusts are estate planning documents that, like a will, are used to state the creator’s wishes as to the disposition of his or her property after he or she passes away. Unlike a will, a revocable living trust is a legal entity that can own property.
An estate accounting is both a document and part of the overall probate process. An estate accounting goes through several versions before it is complete. An initial accounting is filed with the court after an executor prepares an inventory of an estate.
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Trust litigation occurs when the court is needed to resolve any disputes over your trust. Some of the most common causes of these disputes are around questions of the legality of the trust. This can include but are not limited to questioning the sound mind of the trustor/deceased at the time of writing the trust, accusations of fund misuse by the trustee, or suspicion of manipulation or coercion upon the trustor/deceased. If these conflicts reach the level where the family cannot agree, parties may seek legal representation to dispute the trust, which will begin trust litigation.
Choosing a trustee is, perhaps, the most difficult decision you must make when completing an estate plan. Do you choose a family member or friend to be trustee? Why would you want a professional trustee? What should I look for in a trustee? What are the advantages of choosing a professional trustee?
Probate is a court case that is sometimes necessary in order for an estate's executor or administrator to collect the property of a deceased individual the decedent and distribute that property to the decedent's heirs and beneficiaries. A probate case is typically opened in the state in which the decedent primarily resided. However, if the decedent owned property in states other than his or her primary residence, the executor or administrator may need to open secondary probate cases in those states in order to gain control of the property in those states. These cases are known as "ancillary probate" cases.
Trust litigation occurs when the court is needed to resolve any disputes over your trust. Some of the most common causes of these disputes are around questions of the legality of the trust. This can include but are not limited to questioning the sound mind of the trustor/deceased at the time of writing the trust, accusations of fund misuse by the trustee, or suspicion of manipulation or coercion upon the trustor/deceased. If these conflicts reach the level where the family cannot agree, parties may seek legal representation to dispute the trust, which will begin trust litigation.
Choosing a trustee is, perhaps, the most difficult decision you must make when completing an estate plan. Do you choose a family member or friend to be trustee? Why would you want a professional trustee? What should I look for in a trustee? What are the advantages of choosing a professional trustee?
Probate is a court case that is sometimes necessary in order for an estate's executor or administrator to collect the property of a deceased individual the decedent and distribute that property to the decedent's heirs and beneficiaries. A probate case is typically opened in the state in which the decedent primarily resided. However, if the decedent owned property in states other than his or her primary residence, the executor or administrator may need to open secondary probate cases in those states in order to gain control of the property in those states. These cases are known as "ancillary probate" cases.
Trust litigation occurs when the court is needed to resolve any disputes over your trust. Some of the most common causes of these disputes are around questions of the legality of the trust. This can include but are not limited to questioning the sound mind of the trustor/deceased at the time of writing the trust, accusations of fund misuse by the trustee, or suspicion of manipulation or coercion upon the trustor/deceased. If these conflicts reach the level where the family cannot agree, parties may seek legal representation to dispute the trust, which will begin trust litigation.
Choosing a trustee is, perhaps, the most difficult decision you must make when completing an estate plan. Do you choose a family member or friend to be trustee? Why would you want a professional trustee? What should I look for in a trustee? What are the advantages of choosing a professional trustee?
Probate is a court case that is sometimes necessary in order for an estate's executor or administrator to collect the property of a deceased individual the decedent and distribute that property to the decedent's heirs and beneficiaries. A probate case is typically opened in the state in which the decedent primarily resided. However, if the decedent owned property in states other than his or her primary residence, the executor or administrator may need to open secondary probate cases in those states in order to gain control of the property in those states. These cases are known as "ancillary probate" cases.
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