Champaign Estate Planning Lawyer, Illinois

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E. Phillips Knox

Banking & Finance, Estate Planning, Wills & Probate, Real Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

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Philip W. Peak

Social Security -- Disability, Estate Planning, Workers' Compensation, Personal Injury, Social Security
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  23 Years

Anne Marie Martinkus

Estate Planning, Divorce, Elder Law, Transactions, Family Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  29 Years

Michael Tague

Business & Trade, Estate Planning, Insurance, Land Use & Zoning, Business
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Rebecca Ellen Perrine Wade

Wills & Probate, Trusts, Estate Planning, Transactions
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Stephen Michael O'byrne

Health Care Other, Estate Planning, Transactions, Business
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Roger Haughey

Wills & Probate, Estate Planning, Transactions, Business, Real Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Joseph Chamley

Municipal, Estate Planning, Banking & Finance, Bankruptcy
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  31 Years

Robert G. Frederick

Estate Planning, Family Law, Criminal, Civil Rights, Traffic
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Helen Farnsworth Grandone

Real Estate, Wills & Probate, Estate Planning, Elder Law, Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  30 Years

Free Help: Use This Form or Call 800-814-6700

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LEGAL TERMS

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.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

HOLOGRAPHIC WILL

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)
A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.

ENTITY

An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from i... (more...)
An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from its individual members--for example, a corporation, partnership, trust, estate or government agency. The entity is treated like a person; it can function legally, be sued, and make decisions through agents.

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.

SURROGATE COURT

See probate court.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)
The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

PETITION

A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elde... (more...)
A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elderly relative, you must file a petition with a court. See also complaint.

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 ...

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