Naperville Estate Planning Lawyer, Illinois

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Includes: Gift Taxation

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)

Salvatore C. Miglore Lawyer

Salvatore C. Miglore

VERIFIED
Criminal, Divorce & Family Law, DUI-DWI, Immigration, Estate Planning

With over 30 years of legal experience, including experience as a Special Municipal Prosecutor, and two years as a Cook County Sheriff's Deputy, lawye... (more)

FREE CONSULTATION 

CONTACT

630-933-8400

Kurt  Carlson Lawyer

Kurt Carlson

VERIFIED
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)

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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)

Audriana  Anderson Lawyer

Audriana Anderson

Criminal, Real Estate, Business, Estate Planning, Civil & Human Rights

AUDRIANA T. ANDERSON Winfield criminal defense attorney Director of Law Practice Audrey Anderson is an experienced, dynamic, and accomplished trial... (more)

Michelle  Bugajsky Lawyer

Michelle Bugajsky

Estate, Wills & Probate, Estate Planning, Family Law

Michelle Bugajsky is a co-founder of SBK Law Group, a family law, estate planning, business law, and immigration firm with offices in Downers Grove an... (more)

FREE CONSULTATION 

CONTACT

630-427-4407

Emily J. Rapp Lawyer

Emily J. Rapp

Divorce & Family Law, Estate Planning, Custody & Visitation, Paternity, Prenuptial Agreements

Emily J. Rapp is a well-respected family law and estate planning attorney who represents clients throughout Kane County, DuPage County, and Kendall Co... (more)

FREE CONSULTATION 

CONTACT

630-402-0185

Marissa Rivera Hanson Lawyer

Marissa Rivera Hanson

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

Marissa’s main areas of concentration are family law matters such as Divorce, Child Custody, Child Support, Paternity, Visitation and Adoption. Mari... (more)

FREE CONSULTATION 

CONTACT

630-844-8781

Carolyn S. Roscich

Real Estate, Lawsuit & Dispute, Estate Planning, Family Law
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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)
Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

CURATOR

See conservator.

FAMILY ALLOWANCE

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to ... (more...)
A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.

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.'

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)
A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

SAMPLE LEGAL CASES

Dunn v. Patterson

... for them. The circuit court of Will County entered judgment on the pleadings, finding, as a matter of law, that provisions in certain estate planning documents prepared by defendant were contrary to public policy and void. The ...

Fitch v. McDermott, Will and Emery, LLP

... Around the same time, defendants Joseph Dietrich and John Dietrich (hereafter the Dietrichs), both certified public accountants, provided financial and accounting services for estate planning purposes to Victoria and her husband, plaintiff Thomas Fitch. ...

In re Estate of Henry

... Accordingly, the estate petitioned the court to allow the estate to execute estate planning documents for Henry which, it contended, were consistent with his known wishes and which would be "free from the taint of the undue influence and fraud which was assembled upon the ...