Are you wondering what a Small Estate Affidavit is? It’s a legal document that speeds up the asset distribution process when someone dies with a small estate. In Illinois, the term “small estate” usually refers to estates with assets totaling up to $100,000 or less, and there is no real estate involved. This mechanism allows…
Spring is a time for fresh starts and clean slates. As you dust off your shelves and organize your closets, consider taking a closer look at your estate plan. Just like your home, your estate plan needs regular attention to stay in order. A plan that worked a year ago might not reflect your current…
When someone dies without a will in Illinois, the court does not leave the estate in limbo. Instead, it follows a legal process known as intestate succession. This process determines how the deceased person’s property will be divided among their relatives. Without a valid will, the state controls who receives what, regardless of the person’s…
A will is supposed to bring clarity and peace of mind after a person passes away. But sometimes, the process doesn’t go as smoothly as intended. In Illinois, a will can be contested if certain concerns arise about its validity or fairness. These disputes can lead to drawn-out court proceedings and strain family relationships. Understanding…
Estate planning often brings up tough questions. How do you protect your loved ones? What happens to your assets after you pass? In Illinois, one tool that many families consider is the revocable living trust. While this type of trust offers some clear advantages, it’s not the right fit for everyone. If you’re considering a…
When someone passes away in Illinois, their will typically outlines how their estate should be distributed. However, there are instances when a will is missing, or the validity of the will is questioned. If you are in a situation where a will cannot be located or is believed to be invalid, it is crucial to…
A will is a crucial legal document that outlines your wishes for the distribution of your assets after your passing. In Illinois, a well-crafted will can provide peace of mind, protect your property, and ensure your legacy lives on. At Bielski Chapman, LTD., we understand the importance of estate planning and are here to guide…
When creating an estate plan in Illinois, it’s important to understand the various tools available to ensure that your assets are distributed according to your wishes. One such tool is a pour-over will. While it may sound complex, a pour-over will plays an important role in ensuring your estate is handled properly. What is a…
When planning for the future of a loved one with special needs, establishing a Special Needs Trust (SNT) is often a vital component of an estate plan. For residents of Illinois, it is essential to understand the unique estate tax considerations that can arise with these trusts. This knowledge can ensure that your loved one…
Challenging a will is never an easy process. Many times, family members and other interested parties will question the validity of the will. As you can imagine, that leads to plenty of legal concerns and family challenges. However, this document must be authentic and respect the wishes of the decedent. If you want to know…
Many people choose to use a trust for their estate planning and asset protection. However, there may be times when circumstances change in a person’s life. In these cases, they may need to modify or terminate the trust. In the state of Illinois, there are a few rules and procedures that must be followed. Let’s…
When it comes to estate planning, one of the most important decisions centers around choosing an executor or trustee. These individuals will be responsible for managing your estate after you pass. Additionally, they must be there to ensure your wishes are carried out by distributing your assets to your intended beneficiaries. For that reason, you…
With the upcoming family celebrations, it may be an excellent time to discuss your plans for the next year and beyond, especially those involving your estate. Holidays are full of celebrating and spending time with loved ones. What better gift can you give than securing their future? Here are a few tips if you want…
The holiday season is a time for fun, festivities, and family time. During the merriment, you may not think about estate planning. But bringing the family together is the ideal time to discuss these issues. You can outline your wishes and have peace of mind in the process. Here is what you need to know…
If you want to make sure your business is sustainable for the future, you need to have a succession plan. A succession plan outlines who will take over your business when you retire, become incapacitated, or pass away. Creating these plans can reduce any issues when it comes to transitioning leadership in a company. Here…
At first, estate planning and a business succession plan might seem the same. However, they are two different processes that help ensure a smooth transition of assets and delegation of responsibilities. These plans help with the transfer of wealth in a person’s personal and professional life. If you want to know the difference between estate…
The death of a business owner can have far-reaching consequences, affecting the personal lives of their family and loved ones and the business’s future. When a business owner dies, the remaining family members or partners must consider the company’s legal, financial, and operational aspects. Learn about the steps to take once a business owner passes…
As a business owner, you do everything to protect your company. However, many people need to realize that estate planning should be a part of that process. While estate planning is not an exciting part of entrepreneurship, you need it to have a smooth transition of assets and minimize tax liabilities for beneficiaries. Here is…
Placing business assets in a trust can offer many benefits. A trust can help with asset protection, estate planning, and managing the business after an owner’s death. However, trust law can be complicated, and it would be best to seek advice from a qualified professional. Whether you live in Illinois or New York, here are…
Receiving a windfall, such as a cash settlement or inheritance, can be a life-changing event. However, for individuals who rely on Supplemental Security Income (SSI) and Medicaid benefits, it can also be a cause for concern. Fortunately, a few options can help individuals keep their SSI and Medicaid benefits while benefiting from the extra resources….
You may think that an irrevocable trust is set in stone and its terms can never be changed. This is not the case. Say Auntie Anne dies leaving the proceeds from her successful pretzel chain business in her trust to her two brothers, Barclay and Clemson, naming her nephew Dusty as her trustee. The trust…
If you are receiving a lump sum windfall, such as a lawsuit settlement, and you receive eitherSSI or Medicaid (or both), you will be temporarily cut off from your benefits until you re-qualify. You can avoid this cut off by contacting an attorney to take certain legal steps that willprotect your windfall and allow you…
If you are a new homeowner, congratulations! Maybe someone recommended to you recently that now that you own a home, it is beneficial to put your real estate in a revocable living trust and you’re wondering why. Read on! By putting real estate in trust, clients ensure that their home will be transferred to their…
One issue that we come across frequently is a deed that has been sitting in a deceased parent’s name for years, and finally a child is ready to sell the property, but doesn’t have the authority to sell because their name is not on the deed. One way to go about selling the property is…
There are two types of estate planning: will-based planning and trust-based planning. Our office only does trust-based planning. While a Last Will and Testament will direct your executor how to distribute your property, your executor will be required to go to probate court to collect and distribute your property, opening up your estate to the…
Folks often believe that only the wealthy need a will or a trust. As a matter of fact, having an estate plan is not only about passing wealth on to future generations or avoiding taxes. People Who Need an Estate Plan Estate planning has numerous benefits for all of the following groups. If you fall…
What do you do when you’ve lost a trust? You go back to basics: the elements of a trust, and when all else fails, probate! A Short Story About a Client Who Lost a Trust We had a case where a client’s mother (let’s call the mother Betty Smith) had deeded her home into trust…
When my dad was diagnosed with Parkinson’s, my parents were living in my childhood home in Wilmette, and they had a modest life savings. In the course of sharing my dad’s diagnosis with friends and family, one thing they kept hearing was how expensive Long Term Care would be; the cost could completely drain their…
As a general rule, spouses can transfer an unlimited amount of property to each other without paying tax on the transfer.[1] The rule includes transfers made upon death.[2] The so-called “unlimited marital deduction” delays taxation on the transfer of property until it is transferred out of the marital unit. The rule applies to US citizens as well…
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