Slayer Statute Elgin IL – Law Offices of Anthony R. Scifo – 847-628-8311
Probate Lawyers Representing Heirs in Estate Matters That Involve Murder
Illinois laws prevent heirs from receiving assets or property if they are criminally responsible for the person’s death. Typically, the legislation is known as the slayer statute. It serves to shield an estate against providing for the person (or persons) who purposely killed the estate’s owner.
In most any situation, the passing of a loved one is an emotionally trying experience for family and friends. Learning an heir of the victim intentionally caused the death is, naturally, even more distressing. It’s a circumstance that requires the help of a probate lawyer with significant experience in handling such cases. The Law Offices of Anthony R. Scifo is an established probate litigation firm. Our lawyers serve families throughout Chicagoland who are facing the probate process following a loved one’s death. Contact us today for a private consultation.
Specifically, the law prevents someone who commits murder from benefitting from any insurance, for example, that names them as beneficiary. Additionally, they cannot benefit from property transfers. This law typically requires that there must be a conviction for murder and evidence a beneficiary caused the death. In 2004, the state added a provision to the Illinois Probate Act. The new provision prevents anyone convicted of financial exploitation of an elderly person from benefiting off that person’s death. Likewise for anyone who is convicted of abuse or neglect of an elderly person. Abuse includes not just obvious physical abuses but also actions that place an elderly person’s life in danger. Also, the law targets neglect, which tends to be passive conduct rather than physical abuse. For example, if a caregiver fails to give sufficient medical care and it causes injuries or deterioration.
Probate Lawyers Serving Communities in Kane and Cook Counties – 847-628-8311 –Slayer Statute Elgin IL
This 2004 provision is somewhat broader than the Slayer Statute Elgin IL. It prevents individuals from inheriting property or assets from the elderly person’s estate. It applies even if the abuses or neglect do not directly relate to an elderly person’s death. This statute emphasizes the concept that an heir should not benefit from bad behaviors toward the deceased. However, the newer statute is narrower in comparison to the Slayer Statute Elgin IL because it requires a criminal conviction to take effect. Many states have a comparable version of the slayer statute. Essentially it provides that someone who intentionally kills someone cannot inherit a share of the victim’s property. Basically, one cannot benefit from killing another when the act was unjustifiable. However, if the court determines the act was accidental or in self-defense, it may not prevent an heir from inheriting.
Law Offices of Anthony R. Scifo – Estate Planning
Parenthood is a common milestone in life which motivates Illinois couples to plan their estate. Estate planning for children is a major responsibility when it comes to parenting. An important function of a will is naming legal guardians to raise children in the event of parental death. Failing to do this can result in the courts deciding who raises the children. Naturally, most parents decide to name their children as the beneficiaries of their estates. This can be done through their will and trusts. With estate planning, parents control what to distribute to their children. Parents may designate funds to go to their children’s education costs. In addition, they can decide which other distributions go to their children. This helps a lot to avoid irresponsible or financially reckless adult children from draining their inheritance.
Law Offices of Anthony R. Scifo – Call Us Today – 847-628-8311
Probate Lawyers Serving Elgin, South Elgin, St. Charles, Geneva, North Aurora, Aurora, Hoffman Estates, Barrington and Other Chicagoland Communities
A trusts enables you to manage your assets after you die. It allows you to continue guiding your child’s future according to the terms and time table of asset distribution. Certainly, many children are unaware of complex estate planning strategy. Consequently, they might incorrectly assume that when their parents die they shall automatically inherit the entire estate. If you have any questions about estate plans or would like to update an existing plan, contact our firm. During our initial consultation together, you’ll receive helpful information regarding wills and estate planning.
Why Illinois Residents Should Create a Valid Will
Slayer Statute Elgin IL – Drafting a will is not a legal requirement in the state of Illinois. However, when people pass away without a will, the distribution of their belongings is set by state law (the laws of intestacy). The results of that distribution might not be the same as the deceased person’s wishes. This a major reason why it’s advisable for Illinois residents – regardless of age and assets – to create a will. A valid will means you – the testator – select an executor for your estate. (The executor is the individual who carries out the instruction in your will.)
A will can provide peace of mind with the knowledge that distribution of assets will go according to your specific directions. A will in Illinois offers the change to make a donation to charitable organizations of your choice. It can also provide a way to establish a trust for your loved ones.
Another important benefit to creating a will is that allows you to name someone to serve as legal guardian to your children. Naturally, this is one the most important factors to consider when drafting your will. Protecting your assets and the guardianship of your children are far too important to simply leave to chance. Through a will, you can appoint a guardian as well as a trustee to oversee your children’s financial and education affairs. If you pass away without a will, it’s up to the courts to determine these important issues.
Your will can provide instructions for how to compensate the guardian. In addition, it can instruct if the guardian will reside in your family household to offer stability for your children.
A trustee whom you appoint can manage assets held within a trust for your children until they reach a legal age. This type of arrangement can prevent children from irresponsible spending and protect the assets from creditors.
Avoid Probate Court by Creating a Will – Slayer Statute Elgin IL
A valid will also helps to keep your estate out of probate. The legal process of probate is basically when a court supervises the distribution of your assets. In the state of Illinois, the individual who possesses the deceased person’s will has to file it with the county clerk. After that, the court issues letters of office and the executor distributes the deceased’s assets according to the will.
Requirements to Forming a Last Will and Testament in the state of Illinois
The standard requirements for a valid will in Illinois include:
-Minimum age. The person creating the will has to be at least 18.
-Signature of the document. The testator must sign the will. Or, another person on behalf of the testator – with the testator present – must sign the will.
-Capacity. The testator has to be of sound mind upon creating and signing their will.
-Witnesses: Two witness must also sign a will for it to be valid in Illinois. The witnesses may not beneficiaries of the will.
-Written document. An Illinois last will and testament must be in writing.
Beneficiaries. A testator may leave assets to any beneficiary as long as that person isn’t a witness to the document.
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