Will Contests

Today, I received a phone call from a potential will contests opponent on one of my clients. Unfortunately, for this unhappy beneficiary, she had six (6) months to bring a will contest from the date the will was admitted into probate court. Thus, it has been 6 months and 2 weeks and therefore, a will contest will not win.

A way to avoid will contests is to avoid doing a will. Earlier today, I spoke with a prospect from the State of Washington regarding wills and trusts. This particular prospect has seven (7) children and one of the children is constantly in litigation with her and her husband. I suspect that this client is fighting a former spouse over child support or other issues. For this family and many others, a will is an absolute no-no. It is a bad idea because one of the siblings will fight any will and end up costs the estate thousands of dollars in legal fees and costs. Wills encourage will contests because estate attorneys must mail out notices to all potential heirs even if they are not inheriting assets. Thus, the disinherited heirs get disgruntled and have no economic incentive not to challenge the will. In contrasts, a revocable living trust is a private document and is more likely to avoid litigation. With a revocable living trust, no attorney in their right mind would ever mail out any notice to anybody that does not inherit. This would be the poster child for stupidity. Sorry today because I obviously have jokes today.

Therefore, if you want a will contests, hire an attorney or do your will on legalzoom.com. If you want a smooth transition upon your death or incapacity, hire an estate planning attorney.

Sean Robertson is Principal and Founder of Robertson Law Group, LLC. We are estate and asset protection attorneys that concentrate in helping seniors, business owners, and middle class families. We are down to earth and have the ability to travel to you if you have mobility issues. We can be reached at 312-498-6080 or 630-364-2318.

Probate and Estate Planning

Probate court is often times a feared court because it is expensive and time consuming. One is affected by probate court when they die with or without a will or an adult loses their ability to make healthcare and financial decisions for themselves.

Most people misunderstand that wills are excellent post-death legal strategy. In fact, a will must undergo a probate proceeding called probate. Thus, you must hire an attorney, pay court costs, and wait a minimum of 9 months to 2 years. In contrasts, setting up a trust or revocable living trust is a way to avoid a court proceeding and to avoid the pain associated with probate court. A trust is similar to a will because it distributes property upon a death. Unlike a will, a trust is an effective estate planning solution. There is no need for a court processs upon death and the estate administration is simple.

A trust also enables you to plan for an incapacity and designate a guardian for your children. A trust is an excellent legal strategy for planning your affairs upon your death.

Sean Robertson, Attorney at Law
Robertson Law Group, LLC
(312) 498-6080 or (630) 364-2318
Offices in Chicago and Naperville, Illinois.
Email: RobertsonLawGroup@gmail.com
www.RobertsonLawGroup.com

Why most attorneys fail to make good estate plans?

Today, I was at a client's house and an another non-estate planning attorney drafted a will for my client. The will was a pretty good document, but it did not address her practical concerns such as how her husband who has dementia would be cared for in case of her death. Secondly, her brother has a spending problem and she wants to leave an inheritance to him, but he will blow all the money. A solution is a living trust versus a will. With this living trust, we will empower the trustee to purchase an annuity, which will give the brother a guaranteed income for the rest of his life (upon her death). Third, her neighbor is a beneficiary of her six-flat building and has no relationship to her family. One of the concerns is that he would sell the building and her husband would have no where to go. She assumed that the husband would live with the neighbor at a new home. Instead, we have set up her trust where her husband can remain living in his house for the rest of his life. Furthermore, we are setting up a special needs trust for her husband's benefit. The non-estate planning attorney also did not think about qualifying her husband for medicaid. These are simple examples of why it is important to hire an attorney experienced with wills, trusts, estate planning, advanced estate planning, and asset protection.

Sean Robertson, Attorney at Law
Robertson Law Group, LLC
(312) 498-6080
RobertsonLawGroup@gmail.com