19333 E. Grant Hwy. Marengo, Illinois 60152    Directions | E-Mail     Phone: (815) 572-4256   Toll Free: (866) 491-2671

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Do You Have A Case?

SUMMER 2008

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Helping you to understand the law: Without A Will

What happens if you die without will? In Illinois, if you pass away without a will or trust, all of your property, your "estate," will be divided according to state statute, which very well may NOT be the way you would choose. Additionally, if you die without a will, a court will decide who will act as the administrator of your estate, without your input as to your wishes.

To be certain your property is distributed as you desire, you need a will specifying how you would like your property distributed upon your death. With a will you can name the person or entity that you wish to act as executor of your estate. You can also appoint a guardian for your minor children who will make important life decisions regarding their health, education and finances. Without a will, a court will decide who will make these decisions.

Additionally, with a will you may waive bond for the executor of your estate. If you do not specifically state in your will that your executor's personal bond should be waived the court will require the bond, using estate funds to purchase such. If you die without a will, your executor or administrator, will be required to pay for a bond valued at one and a half times the value of your estate.

While a will may satisfy your basic estate plan needs, a trust can address other concerns, such as the minimization of estate taxes and the avoidance of probate court. We can analyze your current situation and estate planning goals and help you determine if one or more trusts working in conjunction with a will, would best suit your estate plan needs.

If you would like more information about this subject, or if you would like to meet with one of our estate planning attorneys to discuss the benefits of preparing a will or trust to suit your needs, call our office at (815) 572-4256.

Our Backyard Prairie

The "Prairie State" is a frequently used nickname for Illinois, yet few people know what a prairie is or have ever visited one. Franks, Gerkin & McKenna is proud to have its office nestled in one of Illinois' natural prairie lands.

Herb Franks, founding partner, constructed this four-acre natural prairie eight years ago. Herb erected the grasses not only for environmental reasons but to match the prairie-style ambience of his Frank Lloyd Wright inspired office building. The only downside in his mind is the prairie's thistles. Before putting in these grasses, Herb remarked that he had "spent his whole life trying to eradicate thistles, but now we are planting them!"

Luckily, for Herb, the prairie's unique ecosystem is mainly dominated by grasses and other non-woody plants called "forbs" which provide an attractive backdrop for the firm. The prairie plants surrounding the building bring a variety of wildlife that FGM employees and community members alike find fascinating. The grasslands are home to a variety of indigenous wildlife including birds, butterflies, rabbits, deer and coyote. Long-time employee and freelance photographer, Peggy K has taken many of her best wildlife shots in the office's own backyard.

The pathways that have been constructed through the prairie provide employees and community members with a serene environment ideal for daytime walks and moments of quiet reflection. The office has received compliments on the looks of the prairie and FGM invites all who are interested to come by and visit. For more information on our firm's backyard, please visit our website at www.fgmlaw.com or call (815) 572-4256.