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Leon J. Teichner Lawyer

Leon J. Teichner

VERIFIED
Estate, Wills & Probate, Trusts, Real Estate

Leon J. Teichner and Associates is a law office in Chicago, IL. Attorney Teichner has been practicing law for 45 years. He obtained his bachelor’s d... (more)

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312-541-2822

Zachary  Hunsinger Lawyer

Zachary Hunsinger

VERIFIED
Business, Divorce & Family Law, Estate, Wills & Probate, Power of Attorney

I received my Juris Doctor and Master of Social Work degrees from Loyola University Chicago with a certificate in child law and a concentration in non... (more)

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224-328-3529

Ninh Xoung Ma Lawyer

Ninh Xoung Ma

VERIFIED
Divorce & Family Law, Divorce, Wills & Probate, DUI-DWI

Ninh Ma is a graduate of University of Southern California Marshall School of Business. He attended DePaul University College of Law in Chicago where ... (more)

Puneet  Cham Lawyer

Puneet Cham

VERIFIED
Estate, Business

Mr. Cham is a Partner at Latimer LeVay Fyock LLC. He concentrates his practice in the areas of tax planning, trust and estate administration, probate,... (more)

Ira  Silverstein Lawyer

Ira Silverstein

VERIFIED
Estate, Elder Law, Power of Attorney, Divorce & Family Law, Accident & Injury

Senator Ira I. Silverstein was first elected to the Illinois Senate in 1998. Throughout his tenure representing the 8th Senate District, he has been a... (more)

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312-726-3116

David  Hernandez Lawyer

David Hernandez

VERIFIED
Bankruptcy & Debt, Estate, Real Estate, Workers' Compensation

Meet David Hernandez, a dedicated and experienced bankruptcy lawyer based in the bustling city of Chicago, IL. With a passion for helping individuals ... (more)

Thomas Phillip Boggess Lawyer

Thomas Phillip Boggess

VERIFIED
Estate, Contract, Wills & Probate, Business Organization

T. Phillip Boggess is the principle in his law firm, the Law Office of T. Phillip Boggess. The focus of the law firm and of his practice is to help c... (more)

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630-429-9650

Vincent C. Machroli Lawyer

Vincent C. Machroli

VERIFIED
Divorce & Family Law, Paternity, Estate Planning, Bankruptcy, Criminal

OVER 30 YEARS OF EXPERIENCE IN FAMILY LAW, ESTATE PLANNING, REAL ESTATE, AND BANKRUPTCY LAW At the Law Office of Vincent C. Machroli, P.C., we are ... (more)

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708-449-7404

Patrick O'Neil Quinn Lawyer

Patrick O'Neil Quinn

Accident & Injury, Estate Planning, Medical Malpractice, Premises Liability, Car Accident

From the offices of Quinn Law Group in Park Ridge, Illinois, Attorney Patrick Quinn provides compassionate, dedicated representation for clients seeki... (more)

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847-232-7180

Robert  Schaller Lawyer

Robert Schaller

VERIFIED
Estate, Real Estate, Bankruptcy & Debt, Lawsuit & Dispute
WILLS, TRUSTS, PROBATE & TAX ATTORNEY & REGISTERED CPA | EXPECT THE BEST | 37+ YEARS OF EXPERIENCE

Attorney Robert Schaller treats every client like family, giving them the time and personal attention they deserve. The law firm offers both in-office... (more)

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630-655-1233

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LEGAL TERMS

LIVING TRUST

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)
A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'

DISCHARGE (OF PROBATE ADMINISTRATOR)

A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties hav... (more...)
A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties have been completed but may happen sooner if the executor or administrator wishes to withdraw or is dismissed.

SUCCESSOR TRUSTEE

The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)
A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

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.

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.'

TRUST CORPUS

Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, t... (more...)
Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, that money is the corpus. Sometimes the trust corpus is known as the 'res,' a Latin word meaning 'thing.'

SPECIFIC BEQUEST

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)
A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.

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.'

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 ...