New Illinois Power of Attorney Act

New Illinois Power of Attorney Act:   Effective on July 1, 2011, the Illinois General Assembly via Public Act 96-1195, has made sweeping changes of the Illinois Power of Attorney Act.  The goals of the changes in the New Illinois Power of Attorney Act were to make the statutory forms more user-friendly, yet more protective of the principal . . . → Read More: New Illinois Power of Attorney Act

Fiduciary Relationship – Significance

While a fiduciary relationship is created under a Power of Attorney, or between a trustee and a beneficiary, certain circumstances may exist between an individual and another which will result in a finding of the existence of a fiduciary relationship without a formal agency.

Relevant factors to consider in determining whether a fiduciary relationship exists are:

The degree . . . → Read More: Fiduciary Relationship – Significance

Undue Influence – Will Contest

Undue Influence:  The use of undue influence on a testator is a major cause of a subsequent will contest.   Elderly individuals, who live alone and lack caring friends and family nearby, are particulary susceptible to undue influence by someone who is less than ethical and motivated by money and greed.

If there is a fiduciary relationship between . . . → Read More: Undue Influence – Will Contest

Lack of Testamentary Capacity – Illinois Will Contest

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A finding of a Lack of Testamentary Capacity at the time of the execution of a will can be the basis for a successful will contest.  In Illinois, there is a presumption that the testator possessed testamentary capacity at the time the will was executed, if the will is properly executed (signed) in . . . → Read More: Lack of Testamentary Capacity – Illinois Will Contest

Guardianships of minors and disabled adults

Guardianships of minors and disabled adults is one of the services offered by Christine C. Karr, a Chicago Probate attorney.

Guardianship estates are required for minors who receive funds from the settlement of, or verdict in, a personal injury case, or receives funds from any source – including funds from a deceased parent or life insurance proceeds.   . . . → Read More: Guardianships of minors and disabled adults