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Estate planning mistakes that could lead to litigation

Zapolis & Associates, P.C. • Jun 17, 2022

Estate planning is something that all Illinois residents should do to prepare for the future. However, it’s easy to make certain mistakes that could later cost you. These are some of the most common ones.

Not having one at all

Perhaps the worst mistake you could make is not having an estate plan at all. It means that after you die, no one will be able to manage your affairs and estate. People you would have otherwise left inheritances might not get anything at all. This could cause a lot of grief to your loved ones.

Not updating your beneficiaries

Your beneficiaries should be periodically updated. Whenever something in your life changes, they should be updated. This could involve the death of a spouse, divorce, remarriage, the birth of a child, starting a business or even someone deciding they no longer want to inherit anything from you.


All of your most important estate planning documents should be updated as circumstances change.

Naming the wrong person as executor of your estate

It’s important to name the right person to serve as the executor of your estate. Not everyone is appropriate for this role. For example, if you name your brother but he has a serious gambling problem, he might not be the best person for the job. Choosing someone financially responsible is wise. This could help avoid a potential lawsuit based on self-dealing.

Only having a will

Some people think that only having a will is enough when it comes to estate planning. This isn’t true. Things can become complicated if you go this route. You can’t name individuals to handle your financial and medical matters this way. A will alone can also cause probate to last too long, which means your heirs might have to wait months or years to get their share of assets and property.

Not funding a trust

Trusts need to be funded with assets. Some people create a revocable living trust but then neglect to fund it, making it useless and leading to a potential lawsuit from the named beneficiary.


If you avoid making these estate planning mistakes, it can benefit everyone.

Considering trusts for estate planning

By Zapolis & Associates, P.C. • 21 Dec, 2022
Estate planning can be a challenge for Illinois residents. People want to share their assets without burdening their loved ones with heavy estate taxes. Establishing a trust may offer benefits that will help meet your long-term goals. Comparing trusts and wills Most individuals think about wills when considering how to pass on their assets. After your death, this document goes… The post Considering trusts for estate planning first appeared on Zapolis & Associates, P.C..

What are the most common reasons for contesting a will?

By Zapolis & Associates, P.C. • 17 Oct, 2022
All Illinois residents should have a will as part of their estate planning efforts. Most people understand that there are certain situations that allow a will to be contested. These are the most common reasons for it. Undue influence A will can be contested when undue influence is a factor. This means that another person convinced the will’s creator, also… The post What are the most common reasons for contesting a will? first appeared on Zapolis & Associates, P.C..

The probate process for those who pass away without a will

By Zapolis & Associates, P.C. • 22 Aug, 2022
Dying intestate in Illinois means that any property left behind will be distributed in accordance with Illinois intestate succession laws. “Intestate” is the legal term for dying without a valid, enforceable will. Probate begins with the court appointing an administrator who is charged with the specific duties regarding property distribution. Claims against the estate are also prioritized with any remaining… The post The probate process for those who pass away without a will first appeared on Zapolis & Associates, P.C..

Do you need to make changes to an estate plan?

By Zapolis & Associates, P.C. • 19 Apr, 2022
It is in your best interest to start building an estate plan as soon as you become a legal adult. This can help to ensure that assets such as your Illinois home, car or business are taken care of after you pass away or if you become incapacitated. To further ensure that your estate plan meets your needs, it can… The post Do you need to make changes to an estate plan? first appeared on Zapolis & Associates, P.C..

The biggest roles of executors

By Zapolis & Associates, P.C. • 17 Feb, 2022
When someone passes away in Illinois, the estate may need to go through probate if it includes more than $100,000 in assets. This process can be complex, and it’s often best to have an executor to help manage everything. Who is an executor in estate administration? An executor is a person who’s appointed by the court to administer the estate… The post The biggest roles of executors first appeared on Zapolis & Associates, P.C..

The executor’s role in the probate process

By Zapolis & Associates, P.C. • 29 Dec, 2021
After a loved one passes away, someone must take on the role of executor of their estate. If the deceased left behind a will, that document will likely include the name of the person they designated to be the executor. This is an important job. The executor’s role is to guide the estate through probate court, settle its debts and… The post The executor’s role in the probate process first appeared on Zapolis & Associates, P.C..

4 reasons why guardianship litigation may surface

By Zapolis & Associates, P.C. • 11 Oct, 2021
Some families think they have the best intentions in mind and done all the right things to protect their elderly loved ones by naming a guardian for that person. But the move may have been premature in the eyes of that elderly loved one. And, in other cases, when guardianship was necessary, the person selected may not have the best… The post 4 reasons why guardianship litigation may surface first appeared on Zapolis & Associates, P.C..

How to set up a guardianship in Illinois

By Zapolis & Associates, P.C. • 19 Aug, 2021
Seeing a loved one grow old can be hard, especially when they start to lose focus and forget things. If someone close to you is in that situation, you can protect them by talking to them about guardianship. A guardian could manage their affairs and take care of them if they can no longer make responsible decisions. However, setting up… The post How to set up a guardianship in Illinois first appeared on Zapolis & Associates, P.C..

How to explain guardianship to your loved one

By Zapolis & Associates, P.C. • 22 Jun, 2021
You have decided that guardianship is the right decision for your aging parent, but now you don’t know how to approach them about it. As with anything else, you can get through them easier if you anticipate which questions they may have about becoming a ward. The following are some common concerns that arise when talking about guardianship and effective… The post How to explain guardianship to your loved one first appeared on Zapolis & Associates, P.C..
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