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Daniel  Walker Lawyer

Daniel Walker

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Dan Walker Jr. is a trial attorney with 35 years of experience. He has tried cases in Cook, DuPage, Will, McHenry, Kane and Lake County. He understand... (more)

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Naveed S. Husain Lawyer

Naveed S. Husain

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Attorney Naveed Husain is the managing partner of Farooqi & Husain, LLC. He concentrates on the areas of family law, estate planning, and business fo... (more)

Robert  Schaller Lawyer

Robert Schaller

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Estate, Real Estate, Bankruptcy & Debt, Lawsuit & Dispute
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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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Angel Traub
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Angel Traub

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Divorce & Family Law, Family Law, Estate, Divorce, Adoption
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Angel M. Traub is a family law and estates attorney and principal owner of the all female law firm of A. Traub & Associates in Lombard & Arlington Hei... (more)

Kathryn C. Whitacre Lawyer

Kathryn C. Whitacre

Real Estate, Business, Divorce & Family Law, Estate, Foreclosure

Kathryn C. Whitacre is a founding partner of Whitacre & Stefanczuk LTD in Oak Brook, IL. She practices in the areas of family law, real estate, and bu... (more)

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Nicolas Nelson
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Nicolas Nelson

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Divorce & Family Law, Business, Estate Planning, Real Estate, Litigation
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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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Rebecca Chamberlin Little

Business Organization, Corporate Tax, Gift Taxation, Excise Taxes
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Marc Gugliuzza

Power of Attorney, Residential Real Estate, Wills & Probate, Trusts, Estate Planning
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Michael V. LoCicero

Estate Planning, Family Law, Divorce, Elder Law

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Daniel E. Lifka

Estate Administration, Wills & Probate, Estate Planning, Business Organization
Status:  In Good Standing           Licensed:  29 Years

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Lawyer.com can help you easily and quickly find Westmont Estate Lawyers and Westmont Estate Law Firms. Refine your search by specific Estate practice areas such as Estate Planning, Trusts, Wills & Probate and Power of Attorney matters.

LEGAL TERMS

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.'

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.

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.

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

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.

GENERATION-SKIPPING TRUST

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income fro... (more...)
A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income from the trust. Because the children (the middle generation) never legally own the property, it isn't subject to estate tax at their death. See generation-skipping transfer tax.

FAMILY POT TRUST

See pot trust.

SUCCESSION

The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which d... (more...)
The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which determine who inherits property when someone dies without a valid will. When used in connection with real estate, the word refers to the passing of property by will or inheritance, as opposed to gift, grant, or purchase.

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).

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 ...