Best Estate Planning Attorneys in Naperville, IL

Yes, you are legally permitted to prepare your own Will. However, a Will, like all estate planning documents, must be drafted and executed in such a manner that it comports with Illinois law. Furthermore, depending on your situation, estate and gift tax consideration may render preparing just a Will inappropriate and inadvisable. A qualified attorney can evaluate your situation, discuss your goals with you and draft an estate plan that you can be sure complies with the law and achieves what you want. Furthermore, if you retain Hess Law Firm to prepare your estate plan, you will be kept up to date on changes in the law so that you can determine whether you need to update your estate plan.

Yes, a Trust can be of great benefit to most individuals and families for a variety of reasons. Even with a Will, the probate process may last several months, or sometimes over a year to complete. By placing your assets into a Trust, you may be able to completely avoid the intervention of the probate courts. Furthermore, by placing your assets into a Trust, you may be able to keep your assets, and the disposition of those assets, private. When you die, a Will needs to be filed with the court, thereby becoming a public record.

No. Wills must be filed with the court and admitted to probate, but having a Will streamlines the administration of your estate and reduces costs significantly. A Will drafted by a competent attorney can help you avoid certain costs, such as the cost of a surety bond which normally must be purchased by law. A Will also enables your loved ones to avoid unnecessary delays and carry out the terms of your Will in an efficient manner with little supervision by the court.

Yes, there are some circumstances in which a person's will could be invalidated. This normally happens when a person chooses to disinherit an heir, and the disgruntled heir files a complaint in probate court to contest the will. Some of the most common bases on which will contest complaints are based are a lack of mental capacity, undue influence, fraud, and duress. If a court finds that a testator lacked the requisite mental capacity to execute a will, it will set the will aside. Also, if another heir or beneficiary fraudulently induced a testator to execute the will, exercised undue influence over a susceptible person to get him or her to execute the will, or committed a wrongful act in breach of a fiduciary duty, the will may similarly be set aside and that person could be liable for damages caused by their wrongful conduct. For more information on contesting wills or trusts, click HERE.

Many estate planning attorneys in Chicago and the surrounding suburbs charge an hourly rate for their services. This allows them to charge you for the time spent meeting with you, learning about your situation and drafting the various documents that will be included in your estate plan. At Hess Law Firm, LLC, you will be charged a reasonable flat fee for most estate planning services. This allows Mr. Hess to spend as much time as he needs conferring with you and getting to know you, your family and your particular situation without there being questions about whether certain work is necessary or simply aimed toward inflating a bill.