Estate Planning Lawyer Bloomington IL

Estate Planning Lawyer Bloomington IL Explains Importance of Drafting Estate Plans
Estate Planning Lawyer Bloomington IL

Pioletti & Pioletti, an estate planning lawyer Bloomington, IL residents can count on, has been offering legal assistance for 79 years. As a family-run law firm, we help clients take proactive steps to ease tax burdens through estate planning and legal trusts. Estate planning not only includes the creation of wills; it also protects assets and asset owners who may be susceptible to financial or physical abuse.

A Dedicated Bloomington Estate Planning Lawyer

An estate planning lawyer Bloomington, IL respects from Pioletti & Pioletti may handle all aspects of your case. Our law firm serves as an advocate and resource to those who might have concerns about the protection and distribution of their wealth and assets. We understand the complexities and laws associated with estate planning, and we remain committed to preventing unnecessary catastrophes. Guided by this willful determination, we build long-term relationships with our clients.

Understanding Estate Planning

A basic estate plan typically consists of a last will and testament, a power of attorney, and a living will. These three documents form the basic building blocks of a proper estate plan. They facilitate the proper administration of a person’s estate while they are living but unable to make decisions for themselves. They also provide for the basic disposition of a person’s assets after their death. For many people, this is the extent of their estate planning needs.

Some people require a more complex estate plan including the use of trusts. If you’re unsure, an estate planning lawyer in Bloomington, IL may help you determine which plan is ideal for your situation.

Will and Trust Preparation Attorney

Traditionally estate planning has been viewed as dealing with the disposition of property after death, however, it encompasses much more. It is a dynamic process that takes into account personal and family goals throughout a client’s lifetime as well as after their death. The attorneys at Pioletti & Pioletti take time to understand your unique situation. Together we may decide which instrument best serves your needs, the needs of your beneficiaries, and the needs of charitable organizations you are connected to.

There are many ways to dispose of your property through the use of wills and trusts. We may talk you through the advantages and disadvantages of every option available to you. Our attorneys may also provide experienced counsel as to the best option to execute your desires. Our representation includes:

  • Wills and trusts
  • Life insurance trusts
  • Power of attorneys
  • Advanced health care directives
  • Elective share planning
  • Creditor’s claims
  • Fiduciary litigation
  • Trust contests
  • Special needs trusts
  • Guardianships

If you need assistance with any of the aforementioned, you may want to contact an estate planning lawyer Bloomington, IL families can count on.

Estate Planning Lawyer Bloomington, IL Trusts Discusses the Role of the Executor

As you and an estate planning lawyer draw up a trust, will, or estate plan, there will be a time in which you must choose an executor. This should not be immediately decided as it is a role that requires care, attention, honesty, and trust. On the other hand, if you are being asked to become the executor of a trust, you should take some time to think about what will be expected of you.

To speak immediately with a Bloomington, IL estate planning lawyer about assigning an executor, please call Pioletti & Pioletti. We have been helping people draft estate plans of every kind and complexity. Regardless of what your needs might be, we can help.

What is the role of an executor?

An executor of an estate oversees the disposition of property and possessions. For some, the role of an executor is an honor. For others, this role is particularly scary. The executor of an estate has a duty to ensure the deceased person’s last wishes are granted with respect to the distribution of their personal assets. In addition to this task, an executor must make sure that all debts and taxes are paid with the remainder being distributed to the right beneficiaries.

An executor does not have to be a legal expert; however, an estate planning lawyer would advise you that he or she be honest, trustworthy, mature, and diligent. An executor is not entitled to any proceeds from the sale of property or assets of the estate. They may receive compensation for administering it once everything has been completed. Usually, a lawyer will hold this compensation and pass it onto the executor at the right time.

Duties of an Executor

An executor of an estate will have many duties to fulfill. Some of these include:

  • Locating the assets of the deceased and keeping them safe until their distribution.
  • Determining whether or not the probate process will be necessary.
  • Locating and contracting people named in the will or trust.
  • Ensuring the will is filed in the right probate court. A lawyer can assist with this.
  • Cancel credit cards, notify financial institutions about the death, contact the Social Security Administration, and so forth.
  • Opening a bank account for the estate.
  • Paying the mortgage, insurance, and any other recurring payments.
  • Pay off creditors, debts, and final taxes.
  • Oversee the distribution of the property and assets.

Depending on how large the estate is, there could be several other duties for an executor to perform. Before naming an executor for your own estate you should make sure he or she will be able to handle the tasks you are assigning to him or her.

Information on Probate

Probate is the legal process that addresses the validating of the will and distribution of the decedent’s property. Most wills go through probate without any issues at all, but there are situations where someone contests the validity of the document. This is usually done because the party or parties are contesting because they think the will has issues and may not be legitimate.

Information From an Estate Planning Lawyer Illinois residents trust on Contesting a Will

No just anyone can contest a will. According to Illinois law, a person must have standing. This means that the will must affect them in some way because they have a direct financial interest that will be impacted if the will is validated by the court. This is why the majority of people who contest wills are family members of the decedent.

A person cannot contest a will just because they are unhappy with what they are left – or not left – in a will. There must be valid, legal grounds why a motion to contest a will is filed with the court. These grounds may include one or more of the following:

  • Mental Incapacity. The person who wrote the will lacked the mental capacity at the time to know what they were doing. An example of this would be someone who was suffering from dementia. The legal argument could be that if the person did not understand what they owned for property, who their family members were, or other mental issues, then they did not have the mental facilities to understand what they were signing.
  • Undue Influence. The person who wrote the will was under undue influence by another party or parties who then benefitted from the will. If the decedent felt intimidated or coerced by another party, or was isolated by that person, then the court could invalidate the will.
  • Fraud. The court may also invalidate the will if there is evidence that it was written under fraudulent means or the document was forged. An example of fraud would be if the decedent signed the will but was told they were actually signing something else. A will can be invalidated on the grounds of forgery if it can be shown that the signature on the will is not the decedent’s or that there were things added to the will without the decedent’s knowledge.

If you suspect that your loved one’s will was not a valid one and would like to find out more information on what legal grounds are needed to contest the will, contact an estate planning attorney from Pioletti & Pioletti today. Our legal team will evaluate your case and investigate the issues that you think may be grounds to contest. We understand that it can be difficult enough to lose a loved one and are extremely sensitive to how stressful these probate issues can be.

Talk with an Estate Planning Lawyer for Personal Legal Advice

Planning out your estate is no easy task. Furthermore, it has to be accurate and legally stand in a court of law. Even one wrong word could lead to serious complications. To avoid this, you should consult with an estate planning lawyer Bloomington, IL clients recommend who can help you to draft a legally binding will, trust, and estate plan.

Schedule a Free Consultation with an Estate Planning Lawyer Bloomington, IL Residents Deserve

Estate planning is crucial to the protection of your wealth and assets. Without it, you risk lengthy court battles and legal matters which could cause a serious disruption in your life. To prevent this from happening, you’ll want to consider talking to the lawyers at Pioletti & Pioletti. For a free consultation with an estate planning lawyer Bloomington, IL trusts, please call our office today.

 

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