Illinois Probate Litigation

Illinois Probate Litigation, Estate Planning, Will and Trust Contests, Elder Law Attorneys

Power of Attorney – Perry, Milton, Baylis, Hull, Pittsfield, Pike County, Illinois

We have been involved in the drafting and modification of power of attorneys for years. These include power of attorneys for health care, power of attorneys for property, durable power of attorneys, limited power of attorneys, and living wills and other documents. These documents can be customized to fit the exact nature and circumstances of the factual situation involving a client.

Elder Law – Otterville, Grafton, Jerseyville, Elsah, Jersey County, Illinois

We have been involved in assisting various parties with their estate planning needs for decades. This work has included not only office visits, but also meeting at hospitals, nursing homes or other locations, depending upon the requests of the client. We often work with the client, family members, nursing homes and state agencies in regard to these matters.

Guardianships – Madison County, Macoupin County, Jersey County, Greene County, Calhoun County, Pike County, Illinois

We have handled situations when guardianships of the person and/or estate may be recommended so that a loved one or other may receive letters of guardianship to deal with nursing homes and/or state agencies. Our work in this area includes representation in Court and handling annual accounts or other requirements involved in a guardianship.

Probate Avoidance – New Salem, Pike County, Illinois, Fieldon, Jersey County, Illinois, White Hall, Greene County, Illinois, Alton, Madison County, Illinois, Hardin, Brussels, Calhoun County, Illinois

We have handled matters involving probate avoidance for more than thirty (30) years, including through the use of Revocable Living Trusts or other strategies. In situations where this can be accomplished, there can be significant savings as well as avoidance of delays in handling an estate administration, without the Court’s involvement.

Medicaid Planning – El Dara, Time, Pearl, Pike County, Illinois

We are often contacted by family and/or friends of elderly individuals who face myriad of problems in regard to medicaid planning. Some of these issues have to do with the value of the assets, contemplated transfers and how same may impact medicaid planning. In some instances, individuals are very close to being admitted to a care facility and are concerned about disclosures they are being requested to make. In other cases, clients have concerns regarding what property or income they can keep and how this impacts eligibility for medicaid.

Irrevocable Trusts – Hardin, Kampsville, Brussels, Calhoun County, Illinois, Pittsfield, Nebo, Valley City, Pike County, Illinois

We sometimes discuss an irrevocable trust in order to attempt to shield family assets from creditors, or in the context of medicaid planning. We review with our clients the nature and extent of assets of the individual, transfers or other matters impacting the assets to date, review information and materials that may be presented and perform due diligence analysis prior to giving clients their options regarding strategies that may be available.

Powers of Attorney versus Guardianship – Jerseyville, Grafton, Fidelity, Jersey County, Illinois Carrollton, Greenfield, Hillview, Greene County, Illinois

We have handled many cases involving issues concerning Powers of Attorney versus Guardianship. Sometimes fiduciary relationships are created prior to and after written Powers of Attorney are executed. It is critical for all parties to understand how fiduciary relationships operate under the law, including a presumption of fraud that can be overcome by clear and convincing evidence. Sometimes certain entities may not recognize Powers of Attorney. In some situations, guardianships may be recommended. In that situation, we provide analysis and recommendations regarding the extent in which any guardianships may be appropriate, including limited, temporary or permanent, and ensure that matters are followed under the law. We are sometimes contacted by clients claiming that guardians have acted inappropriately and that guardianships should be terminated or reviewed by the Court. We have been involved in cases where we have filed pleadings and handled through trial removal of guardians or other fiduciaries for various reasons.

Expert Witness – Pike County, Illinois, Calhoun County, Illinois, Greene County, Illinois, Macoupin County, Illinois, Jersey County, Illinois, Madison County, Illinois, Bond County, Illinois, St. Clair County, Illinois, Clinton County, Illinois, Monroe County, Illinois, Randolph County, Illinois, Washington County, Illinois, Perry County, Illinois, Jackson County, Illinois

We have been requested to provide expert testimony concerning estate planning documents in regard to contested litigation. In that event, we have been chosen by a litigant, through their attorney, to review documentation and information, preliminary to giving a legal opinion within the context of contested litigation. We have given expert testimony in depositions and in trial.