This year, the Illinois Legislature passed the Illinois Parentage Act, which makes a significant change to probate law in regards to posthumous children. Under the terms of the new provisions, a posthumous child will not be considered a decedent’s child for inheritance purposes unless the child was in utero at the time of death. Although […]

The Truth is Stranger than Fiction Provided By: Alan G. Orlowsky This story is based on a real case involving a man who created a solid plan for his estate that, unfortunately, went completely wrong. Here is what happened. In 2005, Joe Bartlett, owner of Optimum Manufacturing, created a will leaving everything except his business […]

Contesting a Forged Will Provided By: Alan G. Orlowsky Courts are reluctant to throw out a person’s will because of the presumption that wills represent the intent of their makers. However, in some cases, it is possible to overturn a will if there is evidence of fraud, undue influence, or forgery. Because of the state’s […]

Small Estate Affidavits Provided By: Alan G. Orlowsky When a person passes away and leaves his or her remaining property to loved ones through a will or intestacy, a probate court must oversee administration of the assets. If the decedent had a will, a probate court will need to ensure that it is valid. In […]