Citation Proceedings

Citation proceedings are a common form of probate litigation, and are used to both discover if there are assets and/or property that belong to an estate that are in the hands of another party, and to recover misappropriated estate assets. 755 ILCS 5/16-1.

The appropriate venue for a citation proceeding is the court in which the probate . . . → Read More: Citation Proceedings

Surrogate Decision Makers – Illinois

Surrogate Decision Makers become important in end-of life circumstances, under the Health Care Surrogate Act, when the patient lacks decisional capacity, and does not have an agent under a Power of Attorney for Health Care. 

Pursuant to 755 ILCS 40/25, surrogate decision makers, as identified by the patient’s attending physician after reasonable inquiry, are authorized to make decisions for a patient . . . → Read More: Surrogate Decision Makers – Illinois

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

Contesting a Will

A will contest is an action to set aside a will that has been admitted to probate.  This action, which may be filed by any interested party, allows for an opportunity to investigate the circumstances related to:

Execution of the will (properly witnessed, with testator of sound mind and acknowledging the signing);
The capacity of the testator
Other factors . . . → Read More: Contesting a Will

Contested Decedent’s Estate Issues

In the State of Illinois, a probate estate is required if the decedent died leaving assets in excess of $100,000, or owned real estate.  A decedent who dies without having a will, leaves an intestate estate.  A decedent who dies with a Will, leaves a testate estate.  Each type of estate poses different challenges for the . . . → Read More: Contested Decedent’s Estate Issues

Trust & Estate Administration

Trust and Estate Administration is the process by which assets are identified, collected and retitled, by a trustee or estate representative with or without the assistance of a probate attorney.   In the case of a trust, the assets of the trust are then administered according to the terms and provisions of the trust agreement or declaration.  . . . → Read More: Trust & Estate Administration