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Matthew  Livingston Lawyer

Matthew Livingston

Estate, Real Estate, Business Organization, Wills & Probate, Guardianships & Conservatorships

Matthew Livingston is a member of the Illinois Bar Association, the Chicago Bar Association, and the Illinois Real Estate Lawyers Association. Knowled... (more)

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847-544-6657

Elizabeth Fink

Elder Law, Estate Planning, Guardianships & Conservatorships, Living Wills
Status:  In Good Standing           

Mollie A Whitehead

Elder Law, Estate Planning, Wills & Probate, Trusts
Status:  In Good Standing           

Betsy Kadus

Wills & Probate, Government Agencies, Elder Law, Estate Planning
Status:  In Good Standing           

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Melanie B. Hoffman

Estate Administration, Estate Planning, Guardianships & Conservatorships
Status:  In Good Standing           

Gina Lavorate O'Hehir

Estate, Wills & Probate, Trusts
Status:  In Good Standing           

James Lytle Brougher

Wills & Probate, Estate Planning, Guardianships & Conservatorships, Elder Law
Status:  In Good Standing           Licensed:  52 Years

Michael Tomeczko

Transactions, Wills & Probate
Status:  In Good Standing           Licensed:  48 Years

Lukasz Cholodecki

Wills & Probate, Estate, Workers' Compensation, Products Liability
Status:  In Good Standing           Licensed:  22 Years

Mary Strzalka

Tax, International Tax, Wills & Probate, Estate, Estate Planning
Status:  In Good Standing           Licensed:  34 Years

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LEGAL TERMS

SURROGATE COURT

See probate court.

PREDECEASED SPOUSE

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

INHERIT

To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will... (more...)
To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will. Currently, however, the word is used whenever someone receives property from the estate of a deceased person.

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

DEVISEE

A person or entity who inherits real estate under the terms of a will.

LIFE BENEFICIARY

A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)
Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving 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 capita, Julie and the two grandchildren will each take a third. If, on the other hand, 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).

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.

REAL ESTATE AGENT

A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must hav... (more...)
A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must have a state license and be supervised by a real estate broker. Most agents are completely dependent upon commissions from sellers for their income, so it pays to find out which side the agent represents (buyer, seller or both) before you place too much trust in the agent's opinion.

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. ...