Dupage County, IL Wills & Probate Lawyers

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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)

Kathleen R. Ryding

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

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           

John William Flynn

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

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Marc Gugliuzza

Power of Attorney, Residential Real Estate, Wills & Probate, Trusts, Estate Planning
Status:  In Good Standing           Licensed:  19 Years

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LEGAL TERMS

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)
A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

RULE AGAINST PERPETUITIES

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For examp... (more...)
An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For example, a person would not be allowed to leave property to her husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren at a point too remote in time.

HOLOGRAPHIC WILL

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)
A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.

PUBLISHED WORK

An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public o... (more...)
An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public on an unrestricted basis. It is thus possible to display a work, or distribute it with restrictions on disclosure of its contents, without actually 'publishing' it. Both published and unpublished works are entitled to copyright protection, but some of the rules differ.

PER STIRPES

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. F... (more...)
Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property 'per stirpes,' Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Fred's will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

BANKRUPTCY ESTATE

All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankrup... (more...)
All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankruptcy estate for the duration of your case.

POWER OF APPOINTMENT

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust o... (more...)
The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee's assessment of need.

QDOT TRUST

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spo... (more...)
A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spouse. QDOT stands for qualified domestic trust.

PREDECEASED SPOUSE

In the law of wills, a spouse who dies before the will maker while still married to him or her.

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. ...