Illinois Legal Guides
28 guides covering Illinois topics, each with CaseDiver search beside the article.
- Are No Contest Clauses Enforceable In Illinois?
Yes, no contest clauses are enforceable in Illinois. This means that if a beneficiary brings an unsuccessful will contest, the beneficiary might forfeit their inheritance under the will or receive only a nominal inheritance. However, an exc…
- Can A Beneficiary Witness A Will In Illinois?
Yes, a beneficiary of a will is permitted to serve as a witness to the will under Illinois law, but will only get their bequest if they are a “supernumerary” or “extra” witness. Illinois law requires at least two credible witnesses who are …
- Can One of Many Trustees Sue on Behalf of a Trust?
In trusts that have more than one trustee, the rules for governance must be determined by the trust instrument and the governing state law. A recent case from the Seventh Circuit explains how this works. A issue was whether one trustee can …
- Can You Admit a Lost Will To Probate In Illinois?
Yes, a lost will can be admitted to probate under Illinois law. What Is a Lost Will? A lost will is an original will that cannot be found. Therefore, if you have found only a copy of the decedent’s will, the will is lost. If you know that d…
- Can You File Tortious Interference With Expectancy After Dismissing Direct Challenge to Trust In Illinois?
Many states, including Illinois, recognize a fairly new cause of action, called tortious interference with expectancy, also known as tortious interference with an inheritance. Because the cause of action is relatively new, the governing rul…
- Castle Doctrine in Illinois: Deadly Force Against Intruders
Illinois castle doctrine: when occupants may use deadly force against home intruders, key statutes (720 ILCS 5/7-1), presumptions, and leading cases.
- Deadlines And Timelines In Illinois Probate
What Are the Deadlines And Timelines In Illinois Probate? Key deadlines and timelines in Illinois probate include: Filing of will: Immediately upon death Will contest : Within 6 months after admission to probate Filing of creditor claim: 3 …
- Fraud And Forgery As Grounds To Invalidate Will In Illinois
Allegations of fraud and forgery often go hand in hand in an Illinois will contest , but are two separate grounds upon which a will can be invalidated under Illinois law. See 755 ILCS 5/6-4. Fraud As Basis For Illinois Will Contest To succe…
- How Do You Make a Valid Will In Illinois?
In order to make a valid will in Illinois: The testator must be at least 18 years old; The testator must be of sound mind and memory; The will must be in writing; The will must be signed by the testator or by some person in his presence and…
- How Do You Revoke a Will In Illinois?
A testator can revoke a will under Illinois law by: Burning, canceling, tearing, or obliterating the will; Executing a new will declaring that the prior will is revoked; Executing a new will that is inconsistent with the prior will; Executi…
- How Long Does Probate Take In Illinois?
Twelve months is how long probate generally takes in Illinois for a formal probate that is straightforward, not complex, and with no fighting. If the Illinois estate has large and complex assets, or litigation, the probate can take years. W…
- How To Contest a Will in Illinois
The grounds to contest a will in Illinois include: Lack of Proper Formalities Undue Influence Lack of Capacity Revocation Fraud Forgery Compulsion Improper Conduct Lack of Proper Formalities To make a valid Illinois will, the will must (1) …
- Illinois Child Support Guidelines: How Support Is Calculated
How Illinois calculates child support under 750 ILCS 5/505, including the income shares, deviations, modification, and leading cases.
- Illinois Maintenance: Eligibility, Amount, and Duration
How Illinois courts award maintenance under 750 ILCS 5/504: eligibility, guideline/formula rules, duration, and leading cases.
- Illinois Supreme Court: Marriage to Ward Void Without Guardian Consent and Best Interest Determination
In In re Estate of McDonald , an April 21, 2022 opinion, the Illinois Supreme Court held that a ward who wishes to enter into a marriage may do so only with the consent of his guardian, and only after the court finds that the marriage is in…
- Small Estate Affidavits In Illinois
When the total value of an Illinois decedent’s personal estate is less than $100,000, a small estate affidavit can be used to administer decedent’s assets, instead of opening a formal probate. Illinois law governing small estates and small …
- Spouse and Child Award In Illinois Probate
Article XV of the Illinois Probate Act controls awards to the surviving spouse and children of a decedent, otherwise known as allowances. The purpose of these awards is to make sure that the surviving spouse and children are taken care of d…
- Stand Your Ground Laws in Illinois
Illinois stand-your-ground overview (judicial (case-law) stand-your-ground): duty to retreat, statutes, civil immunity, and controlling cases.
- Surviving Spouse Rights Illinois
Illinois surviving spouse rights include: Intestate Share Elective Share Family Allowance What Are Surviving Spouse Rights in Illinois When There Is No Valid Will? When an individual dies without a will, they have died intestate. Under Illi…
- Testamentary Capacity In Illinois Will Contests
Lack of testamentary capacity is a common ground for invalidating a will in an Illinois will contest. A testator is required to have capacity to execute a valid will. How Is Testamentary Capacity Defined In Illinois? Testamentary capacity i…
- Tortious Interference With an Expectancy Of Inheritance In Illinois
In certain situations, conduct that can support the invalidity of a will can also be the basis for a cause of action for tortious interference with an expectancy of inheritance under Illinois law. To bring a successful claim for tortious in…
- What Is The Difference Between Independent and Supervised Administration In Illinois?
Probate administration in Illinois comes in two basic types: Independent Administration and Supervised Administration. What Is an Independent Administration In Illinois? An independent administration means that the Illinois probate court wi…
- What Is The Effect of Divorce On Your Illinois Estate Plan?
When you get a divorce, Illinois law treats your ex-spouse as having died before you for purposes of your will and estate plan. Any provisions in favor of your ex-spouse under your will are revoked, including appointment of your ex-spouse a…
- What Order Are Probate Claims Paid In Illinois?
When an Illinois probate estate does not have enough money to pay all of its claims, Illinois law provides an order that the claims must be paid in. When an estate does not have enough money to pay all of the claims it owes, the estate is c…
- Who Are Next of Kin In Illinois?
Who qualifies as a decedent’s next of kin under Illinois law depends on the persons that survive the testator’s death, and generally include: Surviving Spouse Children Parents Siblings The Illinois Probate Act Sets Forth the Next of Kin of …
- Who Can Authorize an Autopsy Under Illinois Law?
Who Can Authorize an Autopsy Under Illinois Law? Under the Illinois Autopsy Act the following persons may authorize an autopsy: The Decedent, with written instructions (before death, obviously); An agent of the Decedent under a Power of Att…
- Who Can Serve As Executor Or Administrator In Illinois Probate?
The required qualifications to serve as an executor or an administrator in an Illinois probate are: 18 years old or older; United States resident; Not of unsound mind; Not a convicted felon; Not under a disability. The qualifications…
- Who Has Standing To Bring a Will Contest In Illinois?
Standing is required to bring a will contest in Illinois . To have standing, a plaintiff must have a direct, pecuniary, existing interest which would be adversely affected by the probate of the will offered for probate. In re Estate of Keen…