Naperville Estate Lawyer, Illinois

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John J. Lynch Lawyer

John J. Lynch

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Bankruptcy & Debt, Real Estate, Estate, Estate Administration, Foreclosure

Over 50 Years of Combined Legal Experience! Experienced Illinois Bankruptcy Law AttorneysAre your financial problems forcing you to consider bankru... (more)

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Mark  Bishop Lawyer

Mark Bishop

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Lawsuit & Dispute, Estate, Business, Personal Injury, Accident & Injury
Experienced trial lawyer representing individuals and businesses in Cook, Kane, DuPage and beyond.

Mark is a trial attorney with sixteen years of experience representing individual and business clients in state and federal court. Mark focuses his pr... (more)

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800-798-9210

Natalie  Stec Lawyer

Natalie Stec

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Divorce & Family Law, Criminal, Estate, Accident & Injury

Natalie M. Stec, born and raised in Illinois, earned her Bachelor of Science from the University of Illinois at Urbana-Champaign. During her undergrad... (more)

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800-753-2740

Neil T. Goltermann Lawyer

Neil T. Goltermann

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Estate, Real Estate, Divorce & Family Law, Business

Neil T. Goltermann concentrates his practice in estate planning, probate administration, business transactions and planning, corporate law, and real e... (more)

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630-434-0548

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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)

Nicholas  Carrescia Lawyer

Nicholas Carrescia

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Criminal, Traffic, Divorce & Family Law, Estate, Accident & Injury

I was raised in Channahon, Illinois. I graduated from Minooka High School. I received my Bachelor's Degree from Illinois State University in 2010, whe... (more)

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800-949-5641

Kurt  Carlson Lawyer

Kurt Carlson

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Divorce & Family Law, Estate Planning, Custody & Visitation, Real Estate, Business
Wheaton Divorce Attorney | DuPage County Divorce Lawyers | Wheaton Wills & Trusts Attorney | IL

As a private practitioner in DuPage County, I continued practicing in these fields, and added representation of clients in divorce and other domestic ... (more)

Monica P Patankar Lawyer

Monica P Patankar

Real Estate, Tax, Divorce & Family Law, Estate Planning, Personal Injury

Monica P. Patankar is a partner with the law firm of Piccony & Patankar, P.C. Monica takes a compassionate approach to helping clients solve their leg... (more)

Nicolas  Nelson Lawyer
Nicolas Nelson
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Nicolas Nelson

Nicolas Nelson is a Top Attorney Award winner at Attorney.com. Only 5% have the elite qualifications. Click the badge for more info.
VERIFIED
Divorce & Family Law, Business, Estate Planning, Real Estate, Litigation
DuPage County Attorney Providing Practical and Client-Focused Legal Guidance

Nicolas Nelson is a client-focused lawyer and the founder of NN Legal Group. Recognized as a knowledgeable attorney, Mr. Nelson concentrates his pract... (more)

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800-736-3070

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LEGAL TERMS

INCOMPETENCE

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)
The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'

PUBLIC ADMINISTRATOR

Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to t... (more...)
Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to the state. Some states have public administrators who are responsible for temporarily preserving the assets of an estate if there are disputes about specific provisions in the will or about who will be appointed the regular administrator.

AB TRUST

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.

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.

DISINHERIT

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit prope... (more...)
To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit property -- a close family member, for example -- should not receive it. In most states, you cannot completely disinherit your spouse; a surviving spouse has the right to claim a portion (usually one-third to one-half) of the deceased spouse's estate. With a few exceptions, however, you can expressly disinherit children.

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.

INVENTORY

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or admini... (more...)
A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or administrator of the estate is responsible for making and filing the inventory.

CURATOR

See conservator.

SAMPLE LEGAL CASES

In re Estate of Feinberg

This case involves a dispute among the surviving children and grandchildren of Max and Erla Feinberg regarding the validity of a trust provision. The circuit court of Cook County found the trust provision unenforceable on the basis that it is contrary to the public policy of the state ...

In re Estate of Feinberg

In re ESTATE OF Max FEINBERG, Deceased (Leila R. Taylor, as Independent Coexecutor of the Will of Max Feinberg, Deceased, Plaintiff-Appellant, v. Michael B. Feinberg, Individually and as Coexecutor of the Will of Max Feinberg, Deceased; Fifth Third Bank, as Trustee under ...

In re Estate of Ellis

Grace Ellis executed a will in 1964 naming Shriners Hospitals for Children (Shriners) as beneficiary of her estate if she died without direct descendants. In 1999, she executed a new will naming James G. Bauman as sole beneficiary. Bauman was the pastor of the church of which ...

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