Wills Kane County IL – Law Offices of Anthony R. Scifo – Call for a Consultation – 847-628-8311
Dying without a will in the state of Illinois:
When someone passes away in the state of Illinois without a will, intestate succession laws hold that their assets typically go to the closest living relatives. Here a quick look at how intestate succession is applied in Illinois:
Who receives what is based upon whether the deceased has living children, living parents, or other close relatives. If, at the time you die, you have children but do not have a spouse, the children inherit all assets. The size of the share depends on how many children you have. Similarly, if you do not have children but do have a spouse, it’s the spouse who will receive the assets. For those who were unmarried and did not have children at the time of death, the deceased’s parents inherit the assets. For those who die with no living parents, no spouse and no children, the assets go to any living siblings.
If you pass away without a Wills Kane County IL and do not have any living relatives, your assets and property go to the state. This is a rare occurrence, however, because the intention of the laws are to get your property and possessions to your relatives, even remotely. For instance, your assets should not wind up with the state if you living children, grandchildren, grandparents, siblings, cousins, nephews or nieces.
For someone to inherit your assets, or some portion of your assets, the state’s intestate rules hold that they must survive you by at least 120 hours. As an example, if you and your sibling are in an accident and you perish instantly and your sibling dies ten hours later, the sibling’s estate would not receive your assets.
If you are thinking about making a change to your will, or if you believe someone may contest it, talking to an experienced Wills Kane County IL lawyer can eliminate confusion and restore your peace of mind. Call attorney Anthony R. Scifo today at 847-628-8311 and schedule a free consultation for Wills Kane County IL.
Why Wills Kane County IL Are Revoked
Because circumstances can change at any time for anyone, it’s always smart to have a will in place to instruct what happens to your property and assets in the event of your death. However, the unpredictability of life sometimes requires a change to your will. For relatively minor changes, simple modifications will typically suffice. But in other cases, it’s best to revoke a will and start anew. As an example, those situations may include:
-Death of a spouse.
-A move to a new state where new state laws apply.
-Your family expands with the birth of a new child or new grandchild.
-Your beneficiaries are grown and no longer require the instructions described in your current will.
-You no longer own the same portion of the estate.
-The value of the estate changes.
The process of revoking Wills Kane County IL can range from relatively simple to complex. An important step is to give notice to all those who are impacted by your will that a change has been made and that new terms are in place. A good way to be sure that your original will is nullified is to simply create the replacement and state that it is the updated version.
More ways to revoke Wills Kane County IL are:
-Destroy the original copy.
-Attach a new version of the Wills Kane County IL to the original. This is known as a “codicil.”
Learn more about how to revoke a will – call our law offices at 847-628-8311.
Trusts and Wills Kane County IL – Healthcare Documents
There are a variety of Wills Kane County IL and estate plan documents that are related to healthcare directives. A power of attorney regarding healthcare permits the principal to name another person to make healthcare decisions on their behalf in the event the principal is unable to do so. The useful document determines the scope of power of attorney, such as declaring it can be used to access the principal’s medical documents and communicate with medical personnel.
A living will is another form of legal document that can supplement power of attorney. It permits the principal to provide instructions for which kind of life-sustaining medical treatment they are to receive if incapacitated or unconscious for an extended time.
Talk with a Wills Kane County IL lawyer in a private consultation at 847-628-8311.
Providing for Incapacitation – Wills Kane County IL
In the unfortunate event that you become incapacitated, it could become very difficult to responsibly manage your financial or medical matters. Many people are under the incorrect impression that their grown children or their spouse would seamlessly take over if they became incapacitated. The reality is that for others to be in a position to oversee your finances or healthcare, they must petition the court to have you declared as legally incompetent. It’s a process that can take some time and be relatively expensive.
One of the most useful estate planning documents for managing property is power of attorney. It enables the principal to name someone to act in their place for financial matters.
Law Offices of Anthony R. Scifo – Family Law, Divorce, Legal Separation and Child Custody
The decision to end a marriage is a major decision that, understandably, raises a lot of questions. Here are a few helpful answers to some FAQs about divorce in the state of Illinois:
-Does it matter who initiates the divorce proceedings? It does not typically make a difference who is the first person to file for the divorce. The spouse who files the case is referred to as the Plaintiff. The other spouse is referred to as the Defendant.
-How long does the procedure take? When there are multiple issues in a divorce that the spouses cannot agree on, it will take longer for the case to resolve. Ordinarily, it will take roughly 30 days
to finalize the paperwork and obtain a final date on the court’s calendar. For cases that cannot reach resolution and must proceed to trial, it could take about one year or longer to finish. In some instances there could be additional factors that influence how long the process takes. Your divorce lawyer can give you more details on this issue.
-What is the difference between joint custody and sole custody? Joint custody is when each parent has equal input in decisions regarding their children. Examples of significant decisions would be those regarding religious upbringing, schooling and medical care. The children will still reside with one parent most of the time. The system refers to that parent as the residential custodian. In sole custody, just one parent has physical and legal custody of the child or children. The other parent may be permitted visitation, but doesn’t have any custodial rights and can’t make decisions impacting the child.
What if one spouse files for divorce and the other spouse is against it? Illinois state law enables a spouse to contest the grounds for a divorce. However, the law doesn’t require that the spouses live together even in the event that the divorce stops going forward. In general, though, efforts to stop a divorce are not successful.
Get answers to these and other questions you may have if you are thinking about ending your marriage. Talk with a Wills Kane County IL divorce lawyer at 847-628-8311.