Naperville 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)

Robert T.C. Kay Lawyer

Robert T.C. Kay

Estate Planning, Estate Administration, Business, Commercial Real Estate, Wills & Probate
Wheaton, IL Estate & Business Law Attorney

Robert T.C. Kay is a lawyer who has been serving DuPage County since 1986. He is the go-to legal counsel for individuals, families, and businesses in ... (more)

Deanna Lynne Aguinaga Walker Lawyer

Deanna Lynne Aguinaga Walker

Estate, Estate Planning, Residential Real Estate, Bankruptcy & Debt, Wills & Probate
Geneva Estate Planning Lawyer

Deanna L. Aguinaga Walker is a well-versed attorney who concentrates her practice in the areas of estate planning, bankruptcy, residential real estate... (more)

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331-222-7978

Kathleen R. Ryding

Wills & Probate, Estate Planning, Family Law, Corporate
Status:  In Good Standing           

John William Flynn

Construction, Wills & Probate, Family Law, Corporate
Status:  In Good Standing           

FREE CONSULTATION 

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Audrey Johnson Skiera

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

Robert E. Byrne

Dispute Resolution, Arbitration, Mediation, Wills & Probate
Status:  In Good Standing           

Cindy Tolan

Business Organization, Wills & Probate, Real Estate, Trusts
Status:  In Good Standing           

Jason A. Doran

Corporate, Business Organization, Estate Administration, Estate Planning
Status:  In Good Standing           

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LEGAL TERMS

SUCCESSION

The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which d... (more...)
The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which determine who inherits property when someone dies without a valid will. When used in connection with real estate, the word refers to the passing of property by will or inheritance, as opposed to gift, grant, or purchase.

QTIP TRUST

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the... (more...)
A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the trust property tax-free. Taxes are deferred until the surviving spouse dies and the trust property is received by the final trust beneficiaries, who were named by the first spouse to die.

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

ENDOWMENT INSURANCE

Provides that an insured person who lives for the specified endowment period receives the face value of the insurance policy--that is, the amount paid at death.... (more...)
Provides that an insured person who lives for the specified endowment period receives the face value of the insurance policy--that is, the amount paid at death. If the policy-holder dies sooner, the beneficiary named in the policy receives the proceeds.

BYPASS TRUST

A trust designed to lessen a family's overall estate tax liability. An AB trust is the most popular kind of bypass trust.

RESIDUARY BENEFICIARY

A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leav... (more...)
A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leaving his home to Edwina and the remainder of his property to Elmo, then Elmo is the residuary beneficiary.

MINERAL RIGHTS

An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral right... (more...)
An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral rights is usually entitled to either take the minerals from the land himself or receive a royalty from the party that actually extracts the minerals.

PERSONAL PROPERTY

All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, p... (more...)
All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, patents, pets and season baseball tickets are all examples of personal property. Personal property may also be called personal effects, movable property, goods and chattel, and personalty. Compare real estate.

CREDIT SHELTER TRUST

See AB trust.

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. ...