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Addressing Disputed Estate Documents Following a Loved One’s Death
Processing a loved one’s death is hard enough on its own. There is no measure for the hurt and overwhelming range of emotions that comes with saying goodbye to someone near and dear to your heart and family. When it comes time to handling wills and other estate documents following the death, the very last thing anyone wants to deal with is an estate dispute.
Whether you discover an inaccuracy or you are simply having a hard time believing the information found in the document to be fair, examining a loved one’s wishes and estate arrangements after they are gone can be overwhelming, to say the least. Deciding to mount a legal challenge can be even more difficult.
Factors to Consider
If you or member of your family have come to the conclusion that it is necessary to dispute a certain estate document, you will need to think about:
- The nature of the document and how it was created - If your loved one created a certain document on their own with no legal help, there is a chance that the document will not stand in a court of law. Sadly, when estate documents are created in a do-it-yourself manner, they are less likely to carry any weight when presented in court as official, enforceable orders;
5 Tips for How to Have a Strong Relationship with Your Stepchild
The United States is a nation in which a majority of families are divorced. However, many people find love again and choose to remarry. According to the U.S. Census Bureau, approximately 1,300 new stepfamilies are formed every day. Becoming a stepparent can be stressful and intimidating. However, with realistic expectations and a certain approach to building a relationship, a sustaining bond can be created. In some cases, a stepparent may even wish to legally adopt his or her stepchild. It is important to have an experienced family law attorney assist you throughout the legal process.
Blended Families
A remarriage often involves more than just a couple. One or both parents may have children from their previous marriages or relationships. If you are getting remarried after a divorce, and you will have a stepchild, keep these tips in mind for a smoother transition for everyone involved:
Now May Be the Right Time to Consider Appointing a Medical Power of Attorney
Coronavirus concerns has many people putting estate plans at a much higher priority than normally. Although the chances of becoming seriously ill or dying from the virus are low for most Americans, it may still be a good idea to start implementing an estate plan. One important aspect of a comprehensive estate plan is a medical power of attorney or power of attorney for healthcare. By appointing a medical power of attorney for healthcare, you ensure that your medical decisions will be made by someone you trust if you cannot make these decisions on your own.
Power of Attorney for Healthcare Basics
Many people assume that estate planning is only necessary if they are sick or elderly, however, it is best to create an estate plan while you are healthy and able to make clear decisions. An unexpected accident or illness can happen to anyone at any time. If you were seriously hurt or sick and could not tell doctors what your medical wishes were, you would probably want a trusted loved one who knows your preferences to make these decisions on your behalf. A healthcare power of attorney allows you to choose an agent who will be responsible for making your healthcare decisions if you cannot do so yourself. The term “power of attorney for healthcare” is often used to refer to the legal document as well as the person acting as your agent.
How Can Coronavirus Affect Parental Responsibilities in Illinois?
The coronavirus pandemic is not just impacting grocery stores and group gatherings. It may also be affecting parental responsibilities (child custody) among divorced parents. On March 16, 2020, Illinois Governor J.B. Pritzker declared a state-of-emergency decree in response to COVID-19. As a result of the declaration, all schools in Illinois are closed until further notice, leaving parents unsure of what they need to do to provide care for their children. Most divorce orders outline when children will stay with each parent if schools are not in session. However, those orders are based on pre-arranged off-days and holiday schedules, not unplanned notices based on a national health crisis. To ensure that your parental rights are protected while addressing your children's health and safety, you should consult with a family law attorney to determine how to proceed.
What Is the Role of an Executor in Estate Planning?
One of the most important decisions in the estate planning process is selecting who will be named as executor of the estate. The executor is the person who is responsible for overseeing and protecting the assets of the deceased person. He or she is responsible for ensuring that the wishes of the decedent are carried out, as well as maintaining any property of the estate until disbursement, paying the debts of the estate, and any taxes owed. It is critical for the person who is appointed executor to understand how to manage the estate. If they mismanage estate assets that add up to a loss to the beneficiaries of the estate, they can be held liable for those losses.
Important Duties
Unless arrangements have been made before the person’s death, it is typically the executor’s responsibility to handle the financial arrangements for the deceased’s funeral and burial expenses. The funeral parlor also provides copies of the death certificate to the executor. It is important to obtain several copies of the death certificate since a copy will be necessary in order to access financial accounts and canceling government benefit checks (i.e. Social Security). A copy is also required to be filed with the final federal tax return of the estate.
Should I Change My Last Name After My Illinois Divorce?
Getting a divorce can be a very complicated process. It may be difficult to think about the decision to keep your married name or revert back to your maiden name when there are so many other pressing issues that need to be resolved. Because of this, many women choose to continue using their married names for the time being. However, if they choose to go back to using their maiden names, a skilled family law attorney can help you complete the legal steps to do so.
Reasons for Changing Your Name
Changing your last name after your divorce is one of the first steps in getting your original identity back. Whether this decision is emotionally difficult or easy, consider these factors when deciding:
- Your children: Many mothers do not want to have a different last name than their children. However, if you and/or your children wish to change your name, the process to do so is neither challenging nor time-consuming. If you believe your kids may want a say in this decision, be sure to communicate with them first.
Obtaining Guardianship of a Spouse With Dementia in Illinois
The World Health Organization estimates that about 50 million people throughout the world currently suffer from dementia. Alzheimer’s disease accounts for about 60-70 percent of all dementia cases. Watching a loved one with dementia suffer from memory loss and cognitive impairment can be heartbreaking, especially if that loved one is your spouse. If your husband or wife has dementia, Alzheimer’s disease, or another health issue that affects cognitive function, you may worry about his or her ability to make important decisions. One way you may obtain the ability to make decisions on behalf of your spouse is through legal guardianship.
Types of Guardianships in Illinois
When a person cannot communicate his or her needs or make rational decisions, a loved one may choose to establish guardianship so that he or she can make decisions on the person’s behalf. The Illinois Probate Act describes several types of guardianship including limited guardianship, plenary guardianship, guardianship of a person, guardianship of the estate, and more. If your spouse has dementia but is still able to make some decisions on his or her own, a limited guardianship may be appropriate. If you become a “limited guardian,” you will be permitted to make any decisions about your spouse’s finances, medical treatment, and personal care that he or she cannot make on his or her own, but the scope of those decisions will generally be limited by the court that grants the guardianship.
5 Tips for Telling Your Children You Are Getting a Divorce
It is only human nature for children to want their parents to remain married “till death do us part.” However, in some cases, that may not be possible. Regardless of whether infidelity played a role or a couple simply grew apart, it may be in everyone’s best interest to part ways. According to the American Psychological Association, approximately 40–50 percent of married couples in the United States get divorced. Telling your children about your divorce may be one of the toughest conversations you will ever have. Despite the difficulty and intense emotions that may arise, keeping your child in the know is crucial to a smooth transition.
Discussing Your Divorce with Your Children
Whether you think the divorce will come as a shock to them or not, keep these tips in mind when breaking the news to your kids:
- Timing is everything. Avoid telling your children about your divorce until you and your spouse are absolutely sure you plan on filing or have already filed. There is no perfect time or way to tell your kids about your divorce, but when you do, make sure the decision is concrete.
How a Do-Not-Resuscitate (DNR) Order Differs from Other Advance Directives
Also referred to in the state of Illinois as a POLST—practitioner orders for life-sustaining treatment—a do-not-resuscitate order can give you and your loved ones great peace of mind knowing your health wishes are officially documented should you be unable to make decisions about your own health matters. In the event of severe injury or illness, a DNR becomes a valuable advance directive document, so you may decide to include one when making your other estate planning arrangements.
How a DNR Is Different
Generally, federal law requires that every person admitted to a health care facility is informed of their to right to make an advance directive. The Patient Self-Determination Act requires not all, but many, providers to present information on advance directives to patients under their care. Unlike other advance directives, such as a power of attorney or living will, a do-not-resuscitate order exists to specifically address the use of cardiopulmonary resuscitation (CPR) should your heart or breathing stop. Additionally, its purpose is to express your desires regarding any life-sustaining treatment.
More Than Just Money: Beneficiary Responsibilities and Who Receives Them
Choosing a beneficiary for your will, trust, or life insurance policy might at first seem like a relatively simple task. For some, a specific person automatically comes to mind--someone they know, care for, and trust--and the decision is made. For others, though, the task can feel tedious. Depending on your financial circumstances, designating someone as beneficiary can place a significant amount of responsibility on the inheritor.
A Multi-Faceted Inheritance
Notice the word inheritor. Typically, the beneficiary of a will, trust, or life insurance policy is set to inherit something to their advantage. They receive benefits, profits, or funds from a particular account or policy, designated to them by whatever estate planning tool you choose to utilize. While this can certainly be a positive turn of events for the inheritor in the midst of your passing, it can still mean a lot of responsibility, as receiving funds can also mean receiving a burdensome responsibility.
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