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Home» Probate Law

Don Thompson on Anti-Lapse Provisions

Posted by EstateLaw - June 17, 2011 - Probate Law
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Gifts by will or in trust are often made to someone who dies before the deceased maker of the will or trust (Testator or Grantor). Anti-lapse statutes provide that the descendants of the deceased named beneficiary take the gift if the named beneficiary was a descendant of testator or grantor. Otherwise the gift to the [...]

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Chicago Probate Attorney on The Dead Man’s Act

Posted by EstateLaw - February 7, 2011 - Probate Law
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In any trial where a deceased person’s administrator or executor or a disabled person’s or minor’s guardian sues or defends no adverse party or person directly interested in the action can testify on his or her own behalf to any conversation with the deceased or minor or disabled person or to any event which took [...]

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When Chicago Probate is NOT Required

Posted by donthompson - September 9, 2008 - Probate Law
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Probate is required only for property of the decedent which passes by the terms of a will or the laws of inheritance. If the decedent had no property at the time of death or his or her property passes to people designated to receive it in the property documents there is no estate to probate. [...]

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Witnesses to Wills in Chicago

Posted by donthompson - August 23, 2008 - Probate Attroneys, Probate Law, Wills
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To be valid a will must be in writing and signed by the testator or some person in his presence and at his direction and attested in the presence of the testator by two or more credible witnesses. The witnesses must state in court or in an attestation clause on the will that 1) they [...]

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Litigation

Posted by donthompson - July 5, 2008 - Probate Law
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Common estate litigation involves disputes over the validity of a will or          the meaning of a valid will. There are also disputes over who the heirs or legatees are or over who owns property claimed by the estate. Litigation where an interested party charges the executor or administrator with wrongdoing is also [...]

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Business Succession Planning

Posted by donthompson - July 5, 2008 - Probate Law
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n estate planning this phrase refers to planning for the transfer of business ownership and control to the right persons while minimizing the tax cost. The concept usually applies to closely held family owned businesses.                     In a typical situation a business is owned by a father whose [...]

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Beneficiary Designation

Posted by donthompson - July 5, 2008 - Probate Law
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Many assets are structured in such a way that the owner can designate who will be the new owner upon the present owner’s death. The form used to do this is often called a beneficiary designation. The act of designating the beneficiary or the fact of a beneficiary having been designated are also      [...]

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Asset Protection

Posted by donthompson - July 5, 2008 - Probate Law
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A variety of steps can be taken to protect assets from creditors. One          simple step is to transfer your assets to your spouse. This assumes you have a healthy marriage and that your spouse’s creditors are not a problem. It may also interfere with planning to avoid estate taxes. Other devices which [...]

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Antenuptial Agreement

Posted by donthompson - July 5, 2008 - Probate Law
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This is a written agreement entered before a marriage that usually deals with what happens to the parties’ assets and income in the event of divorce or death.   For instance, it can specify what a surviving spouse gets on the death of the other spouse.   It can increase or decrease inheritance rights. To be enforceable [...]

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Avoiding Probate

Posted by donthompson - January 14, 2006 - Probate Law
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Many people want to avoid probate for the following reasons: It is expensive.  It takes time.  It is public. An estimate of the value of your assets is filed and an inventory of property may be filed  It provides a forum for creditors to get paid.  It allows a spouse to claim a statutory share [...]

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Chicago Probate Lawyers

DONALD M. THOMPSON

*  55 W. Monroe #3950 Chicago, IL 60603
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Phone: 312-782-0844
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Fax:     312-201-1436
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Email:  donthompsonlaw@sbcglobal.net

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    • Claims Against an Estate

      Any creditor of a decedent or a disabled person or minor has a right to file a claim against the...

      March 30, 2013
    • Settlement of Disputes Involving Trusts

      Trusts often provide for gifts to persons who have not yet been identified or who may or may not receive...

      March 30, 2013
    • Recent Estate Planning Cases

      Farwell v. Senior Services Associates, Inc., 2012 Il App(2nd) 110669. A ward cannot bring action against a temporary guardian appointed...

      December 19, 2012
    • Recent Cases

      In re Estate of Weeks, 409 Ill.App.3d 1101, 351 Ill.Dec.124,950 N.E.2d 280 (4th Dist.,2011). Under the Probate Act administrators and executors...

      October 19, 2012
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      The minimum period which creditors have to file claims is 6 months from the date of publication so the minimum...

      October 13, 2012
    • What Does Probate Cost

      CHICAGO ILLINOIS PROBATE COSTS Simpler small estates where there are no problems can be probated for about $5,000. As the...

      October 13, 2012
    • Lost Your Illinois Will?

      Usually only an original will can be admitted to probate. However, sometimes a copy can be admitted. A testator is...

      October 13, 2012
    • Rush University Medical Center v. Sessions

      Rush University Medical Center v. Sessions, 2011 IL App (1st) 101136. The common law doctrine that self-settled spendthrift trusts are...

      July 13, 2012
    • Estate of Parker v. McCollom

      Estate of Parker v. McCollom, 2011 Il App (1st) 102871. Section 18-12(b) of the Probate Act bars claims from being...

      July 13, 2012
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