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

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