Darien Wills & Probate Lawyer, Illinois

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Includes: Estate Administration, Living Wills, Wills

Cynthia H. Hutchins Lawyer

Cynthia H. Hutchins

Health Care, Estate Planning, Wills & Probate, Estate, Guardianships & Conservatorships
Dupage County Wills & Trusts Lawyer | Chicago Estate Planning Attorney | Estate Tax Planning

Estate planning and elder law attorney Cindy Hutchins has over 25 experience practicing law. Her law firm, the Law Office of Cynthia Hayes Hutchins, P... (more)

Carol A. Nolan Lawyer

Carol A. Nolan

Estate, Elder Law, Estate Planning, Tax, Wills

Carol A. Nolan has been a frequent speaker on Elder Law, Medicaid issues, estate planning, probate and trust administration, and guardianships for the... (more)

Michael L. Overmann

Estate Administration, Estate Planning, Guardianships & Conservatorships, Elder Law
Status:  In Good Standing           Licensed:  29 Years

Daniel E. Lifka

Estate Administration, Wills & Probate, Estate Planning, Business Organization
Status:  In Good Standing           Licensed:  29 Years

Donna Renn

Estate Planning, Wills & Probate
Status:  In Good Standing           Licensed:  51 Years

Brendan Joseph Reilly

Bankruptcy, Foreclosure, Wills & Probate, Trusts
Status:  In Good Standing           Licensed:  12 Years

Kevin John Moore

Tax, Federal Appellate Practice, Wills & Probate, Personal Injury, Estate
Status:  In Good Standing           Licensed:  41 Years

David L. Depew

Wills & Probate, Child Custody, Divorce & Family Law, Corporate
Status:  In Good Standing           Licensed:  29 Years

Allyson Russo

Estate Planning, Tax, Wills & Probate
Status:  In Good Standing           

J. Scott Marsik

Real Estate, Traffic, Wills & Probate, Criminal, Bankruptcy
Status:  In Good Standing           Licensed:  46 Years

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LEGAL TERMS

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)
Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

CERTIFIED COPY

A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certi... (more...)
A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certified copies of legal documents before permitting certain transactions. For example, a certified copy of a death certificate is required before a bank will release the funds in a deceased person's payable-on-death account to the person who has inherited them.

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

PROBATE COURT

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)
A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.

IRREVOCABLE TRUST

A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.

GRANT DEED

A deed containing an implied promise that the person transfering the property actually owns the title and that it is not encumbered in any way, except as descri... (more...)
A deed containing an implied promise that the person transfering the property actually owns the title and that it is not encumbered in any way, except as described in the deed. This is the most commonly used type of deed. Compare quitclaim deed.

CONSERVATOR

Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of th... (more...)
Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of the estate.' One who takes care of personal matters, such as healthcare and living arrangements, is known as a 'conservator of the person.' Sometimes, one conservator is appointed to handle all these tasks. Depending on where you live, a conservator may also be called a guardian, committee or curator.

BENEFICIARY

A person or organization legally entitled to receive benefits through a legal device, such as a will, trust or life insurance policy.

ADMINISTRATION (OF AN ESTATE)

The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. I... (more...)
The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. If not, the court appoints someone, who is generally known as the administrator. In some states, the person is called the 'personal representative' in either instance.

SAMPLE LEGAL CASES

In re Estate of Ellis

... Bauman was the pastor of the church of which Ellis was a member. When Ellis died in 2003, the 1999 will was admitted to probate. ... The circuit court of Cook County dismissed all counts as untimely pursuant to section 8-1 of the Probate Act of 1975 (755 ILCS 5/8-1 (West 2006)). ...

Wackrow v. Niemi

... James Woods died in August 2002. Letters of office were issued and Woods' will was admitted to probate on October 23, 2002. ... The estate did not deliver the property or the $300,000 to plaintiff. On October 24, 2003, the probate court denied plaintiff's claim against the estate. ...

In re Estate of Feinberg

... freedom. The Probate Act places only two limits on the ability of a testator to choose the objects of his bounty. ... desire. Under the Probate Act, Max and Erla had no obligation to make any provision at all for their grandchildren. ...