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What Is Involved in Administering an Illinois Estate or Trust?

Web Admin - Thursday, October 22, 2020
Rolling Meadows estate and trust administration lawyerEstate planning involves outlining someone’s wishes regarding finances, property, and medical care in the event that he or she becomes incapacitated and is unable to make those decisions, or when he or she passes away. These essential and legally binding documents are often referred to as living trusts, and the person who creates it is called the “grantor.” This type of trust requires minimal maintenance during the grantor’s life. Upon the grantor’s death, however, the trust becomes irrevocable and certain legal actions must be taken to enforce it. While every trust and estate is unique depending on an individual’s situation and wishes, the trust administration includes certain actions by the party named to take care of it, called the “trustee.” Administering a trust avoids the expense of going through the probate process. In addition, it offers more privacy, because the case does not go to court and it is not available to the general public.

Steps for Administration


The trustee who is named in the trust document oversees the administration of the terms of the trust. The trustee is tasked with ensuring that the directives of the deceased person are followed. It is important to note that trustees are obligated to take care of any and all property under their control until said property is officially transferred to its beneficiaries.
Here are the main legal steps that are required when administering someone’s estate or trust in Illinois: 

- Apply for a tax identification number from the IRS for tax return purposes.

- Notify pertinent third parties of the death, including information on the trustee and tax consequences.

- File tax returns on the decedent’s behalf if applicable.

- Make decisions for the investment and disposition of assets.

- Pay federal and/or state estate tax if applicable.

- Pay the decedent’s debts and the trust’s administration costs.

- Create and fund any sub-trusts created per the terms of the original trust.

- Divide and distribute (or retain in trust) shares to any named beneficiaries.

- Communicate with the trust’s beneficiaries.

- Carry out any other relevant terms of the trust instrument.

Contact a Long Grove Estate Planning Lawyer


Planning for the future by creating a comprehensive estate plan can help safeguard against disputes between family members. If you were designated to administer an estate or trust in Illinois, it is crucial that you seek professional legal guidance before taking on this important endeavor. At Dross, Gilbert, Andrew & Apicella, LLC, we are prepared to put our proven methods to work for you. Our seasoned Kenilworth trust administration lawyers are well-versed in Illinois laws and how they may affect your case. Call our office today at 847-934-8000 to learn more by scheduling a free consultation.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.



Source: 
https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=4001&ChapterID=61

Having a Baby Soon? Why You Need to Complete Your Healthcare POA Before You Leave for the Hospital

Web Admin - Thursday, September 24, 2020
Inverness estate planning lawyer for healthcare POA

Thinking about the future in case something happens to you can be a daunting task. Many people do not like to think about what will occur if they pass away. However, estate planning is essential if you want your wishes to be carried out and avoid disputes between surviving family members. A power of attorney (POA) is a legal document that names the person who can speak for you if you become incapacitated and incapable of making your own decisions. A healthcare power of attorney is a legal document that allows someone to give a certain individual the authority to make decisions about his or her medical care. Healthcare POA can refer to both a legal document and a person who has been granted this type of legal authority. For women who are expecting a child, it is critical to have a healthcare POA named in case complications during labor and delivery leave them unable to make decisions regarding medical intervention for them or their newborn.  

What Does a Healthcare POA Cover?

A medical power of attorney can include stipulations concerning a wide variety of medical procedures, including hiring a personal care assistant and determining types of medical treatments in general. These directives might only be necessary for a temporary period of time, or they could be needed for a long-term health crisis. 

A healthcare POA will usually only go into effect if a person does not have the mental capacity to make decisions for himself or herself regarding medical treatment. An example could involve a pregnant woman who suffers complications while in labor after she arrives at the hospital, such as a heart attack or stroke. If she loses consciousness for any reason, she will be incapable of communicating whether she wants to be put on life-sustaining support such as a ventilator or feeding tube. Depending on the woman’s condition, any medical emergency could directly affect her baby’s health. If medical staff are faced with the decision to save either a mother or her baby, this is the type of choice that can be made ahead of time with a POA. 

Typically, married spouses are each other’s designated POAs. However, if a woman is unmarried and pregnant, her healthcare POA could be a parent, sister, cousin, or friend.    

Contact a Kenilworth Estate Planning Lawyer

Designating a Healthcare Power of Attorney is very important. If you are pregnant, it is essential that you complete this document before you deliver your child. This will ensure that if complications arise during childbirth, you will be given the medical treatment that you would have consented to if you were able to make that decision on your own. The knowledgeable legal team of Drost, Gilbert, Andrew & Apicella, LLC is prepared to help you draft these essential documents. Our skilled Riverwoods estate planning attorneys are well-versed in Illinois laws and how they may impact your unique situation. To arrange a free consultation, call our office today at 847-934-8000.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2113&ChapterID=60&SeqStart=2600000&SeqEnd=-1

How Can Small Businesses Address Financial Issues Related to COVID-19?

Web Admin - Tuesday, April 14, 2020

Buffalo Grove small business lawyer coronavirus economic reliefAs the state and the nation aim to curb the spread of the coronavirus, the economic losses suffered by people and businesses continue to increase. While some large businesses in specific industries like tourism, travel, and dining are struggling, small businesses are facing particularly difficult times. Unlike those bigger businesses, small businesses do not have nearly as much funding or other resources to help them stay afloat. Fortunately, the governments at both the national and the state levels have made many resources available to small businesses to help them weather the storm. If you have any questions about these programs, you should speak to a business law attorney.

Paycheck Protection Program

As part of the $376 billion CARES Act signed into federal law toward the end of March 2020, the Paycheck Protection Program’s aim is to incentivize small businesses into keeping their employees on the payroll. To do this, qualified small businesses are able to take out forgivable loans through the Small Business Administration (SBA) as long as they keep all of their employees on the payroll for eight weeks and use the funding for payroll, utilities, mortgage interest, and rent.

To apply, find any SBA 7(a) lender, federally insured institution, or other lender enrolled in the program and begin the application process. Eligibility criteria may include at least one of the following:

  • - Meeting SBA size standards (industry-based or alternative)
  • - Be a business, 501(c)(3) nonprofit, 501(c)(19) vet organization, or Tribal business with the less than 500 employees or, for businesses with more than 500 employees, within the industry size standards 
  • - Any Accommodations or Food Service businesses (NAICS code 72) with more than one location and less than 500 employees per location
  • - Sole proprietors, the self-employed, or independent contractors

This program is available through June 30, 2020.

Economic Injury Disaster Loan (EIDL) Emergency Advance

The EIDL Emergency Advance provides small business owners with loan advances of up to $10,000 to compensate for temporary COVID-19 pandemic-related revenue losses. This advance does not need to be repaid. To qualify, in addition to being directly affected by the pandemic, you must have a small business with less than 500 employees or be either a private nonprofit or veterans organization. 

SBA Express Bridge Loan

If you already have a relationship with an SBA Express Lender, you might be able to get up to $25,000 quickly as you wait for your EIDL application to be processed. By leveraging your current relationship with an SBA Express Lender, you can get that money right away and then pay it back with the revenue eventually produced by your EIDL.

SBA Financial Reprieve

In addition to these options, the SBA will also:

  • - Automatically pay interest, principal, and fees for current 504, 7(a), and microloans for six months.
  • - Automatically pay interest, principal, and fees on new 504, 7(a), and microloans issued before September 27, 2020.


COVID-19 Small Business Assistance in Illinois

In addition to federal programs to assist with the financial effects of the COVID-19 pandemic on small businesses, the state of Illinois is offering the following:

  • - Illinois Small Business Emergency Loan Fund—If you are a small business outside of Chicago with less than 50 workers and less than $3 million in revenue for 2019, you might be eligible for this loan, which will give you access to up to $50,000 in a low-interest loan for up to a five-year term with no payments for the first six months. Businesses who accept the loan must maintain at least 50% of their workforce for six months, and half of this funding must go toward their payroll.
  • - Business Invest – Illinois Small Business COVID-19 Relief Program—The Illinois State Treasury has made up to $250 million available to financial institutions in order to offer low-interest small business loans to those affected by the pandemic. Ask your lending partners if they are enrolled in the program. To be eligible, you must:
    •    - Be an Illinois business or nonprofit
    •    - Be closed or limited in business due to the pandemic
    •    - Have less than $1 million in assets or less than $8 million average annual receipts
    •    - Have headquarters in Illinois or agree to use the funds in Illinois
  • - Chicago Small Business Resiliency Fund—Small businesses in Chicago with a 25% decrease in revenue, less than $3 million in revenue, less than 50 employees, and no tax liens/judgments, may qualify for up to $50,000 in low-interest loans with five-year terms. 
  • - Downstate Small Business Stabilization Program—$20 million from Community Development Block Grant (CDBG) Programs will be used for grants of up to $50,000 in working capital for small businesses in rural communities. 


Contact an Arlington Heights Small Business Lawyer

If you are a small business that needs financial assistance, our Schaumburg business law attorneys can help you understand your options, and we will work with you to apply for relief that will help you weather this difficult time. Contact us at 847-934-6000 for a free consultation. 

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.

 

Sources:

https://www.sba.gov/funding-programs/loans/coronavirus-relief-options

https://www2.illinois.gov/dceo/SmallBizAssistance/Pages/Small-Business-Financial-and-Tax-Assistance-in-Response-to-COVID-19-Impacts.aspx

https://www.forbes.com/sites/advisor/2020/04/10/list-of-coronavirus-covid-19-small-business-loan-and-grant-programs/#50acc9d8cc4b

The Legal Consequences of Canceling an Event Due to the Coronavirus

Web Admin - Monday, March 16, 2020

Schaumburg breach of contract lawyer coronavirusAs a result of the growing threat from the coronavirus, numerous events have been canceled, postponed, or modified out of fear that this virus might continue to spread and put attendees’ health in jeopardy. Some sporting events have been canceled or postponed, such as international rugby games, FIFA World Cup qualifiers, and the NCAA March Madness tournament. In addition, many sporting activities have adapted with the times: some events will not allow crowds, and most professional leagues in the U.S. have restricted locker-room access.

In terms of cultural events, the South by Southwest festival has been canceled. Annual St. Patrick’s Day parades in both Ireland and Boston have been canceled. In addition, many conferences and other educational opportunities have been canceled. With so many events being canceled due to the coronavirus, understanding how you can legally safeguard your company against such cancelations and postponements is critically important, especially when it comes to corporate law.

Breach of Contract and Force Majeure Provisions


The easiest way to make sure you are covered in case the coronavirus causes the cancellation or postponement of your event is to review your contract and see if it contains any force majeure provisions. A force majeure clause in a contract enables both parties to legally breach the contract. However, for something to be considered “force majeure,” it must meet the following requirements:
 
  • - The events must be unavoidable and unforeseeable.
  • - The events must not be a consequence of either party’s actions.

Most force majeure arguments imply there was an “Act of God” involved. Some examples of force majeure include:

  • - Unpredicted natural disasters like earthquakes and tornadoes
  • - A war or other type of massive violent activity like riots
  • - Government laws taking effect that prevent the event from taking place

What to Do if You Have to Cancel an Event Due to the Coronavirus


If your contract has a force majeure clause, you should check to see if it explicitly enumerates epidemics like the coronavirus as a possible reason for not being able to complete what is expected from the contract. In those cases, any breach of contract charge brought against you will probably be dismissed.

If, however, you do not have epidemics specifically spelled out in the force majeure clause, then you may need to defend against a breach of contract claim. If your contract has no force majeure clause at all, the case would revert to the common law doctrine of “impossibility of performance,” which states that an unforeseen circumstance has rendered your execution of the contract objectively impossible. When addressing these issues, you should work with an attorney to determine the best strategy for demonstrating that you should not be held liable for a breach of contract.

Upon reviewing your contract, if you find that there is no force majeure clause, or if the clause contained therein does not address epidemics, you may want to add that to a newer draft of that contract and all future drafts. If you enumerate epidemics in your contract, you will not be held in breach of contract. It is also a good idea to include contingency plans in case an epidemic like the coronavirus does cause you to cancel an event, such as plans for rescheduling.

Contact a Palatine Corporate Lawyer


The coronavirus is having a significant effect on the economy. This means that more events will be canceled, and more companies could be considered in breach of their contracts for not hosting a promised event as agreed to in the contract. If your business is faced with this predicament, contact an Inverness breach of contract attorney with the experience necessary to renegotiate your contract or prove that it is impossible for you to fulfill the obligations of your contract. Give Drost, Gilbert, Andrew & Apicella, LLC, at 847-934-6000 a call for a free consultation.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.
 

Sources:

https://www.nytimes.com/article/cancelled-events-coronavirus.html

https://www.law.cornell.edu/wex/force_majeure

https://www.natlawreview.com/article/coronavirus-factors-insurance-industry-to-consider-part-2-event-cancellation-and

What Is the "Prudent Investor Rule" in the Illinois Trust Code?

Web Admin - Thursday, January 23, 2020
Inverness estate planning attorney Illinois Trust CodeThe Illinois Trust Code (ITC) went into effect on January 1, 2020, replacing the former Illinois Trusts and Trustees Act and implementing a number of changes that affect trust makers, trustees, and beneficiaries. One notable adjustment is known as the “prudent investor rule,” and it affects a trustee’s ability to make investment decisions regarding the assets in a trust. Before any investment actions are taken by a trustee, it is important to review and understand the rights and responsibilities defined in the ITC.

Understanding the Prudent Investor Rule


Trustees are responsible for investing and managing the assets of a trust, and they have the duty to act prudently when making investments. This includes considering the purpose and terms of the trust, the distribution requirements, and other relevant information. Under the ITC, a trustee may also consider the environmental and social impact of investment decisions, as well as the governance policies of entities where assets are invested. Before making an investment, a trustee should consider:

- The economic conditions that may affect the investment
- The possibility of inflation or deflation
- The anticipated tax costs and consequences of the investment
- How a specific investment can affect the overall portfolio
- The anticipated total return
- The duty to sustain only feasible and suitable costs
- The need for liquidity, regular income, and preservation of capital

The ITC does allow a trustee to examine whether a trust asset has a relationship to the purpose of the trust, or to one or more of the beneficiaries, in order to help determine what to do with the asset. For example, if a trustee believes that real estate property held in a trust is of no value to the trust itself or the beneficiaries, he or she may suggest that the property be sold. A trustee is not eligible to become a beneficiary for the purpose of protecting his or her good faith in connection to the trust.

Contact a Mount Prospect Trust Attorney


The ITC has put a wide variety of rule changes in place. For trustees who manage the assets of a trust, it is imperative to understand how the prudent investor rule affects the decisions they make. To protect against liability or any other legal issues, all trust makers and trustees should seek legal counsel to determine how the ITC will affect them. At  Drost, Gilbert, Andrew & Apicella, LLC, our knowledgeable South Barrington estate planning lawyers can help you understand your rights and responsibilities and address any concerns you may have as a trust maker, trustee, or beneficiary. To schedule a free consultation, contact our office today at 847-934-6000. 

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.
 
Sources:
http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=4001&ChapterID=61

How Is Exculpation of Trustees Addressed Under the New Illinois Trust Code?

Web Admin - Monday, December 30, 2019
Mount Prospect estate planning lawyer Illinois Trust CodeAs the new year begins, many trust owners (grantors) and trustees are familiarizing themselves with the Illinois Trust Code. As of January 1st, 2020, Illinois has adopted a new set of governing rules over trusts that will be linked to the Uniform Trust Code (UTC). This law involves many changes and updates to the rules surrounding trusts, and one area that has been affected is the modification of exculpation clauses. Moving forward, both grantors and trustees should consult a legal professional to either create, adjust, or better understand their trusts. 

What Does Exculpation of a Trustee Mean?


An exculpatory clause is a provision that can be added to a trust that would relieve a designated individual from responsibility for certain actions. Under the Illinois Trust Code, the exculpation of a trustee would relieve him or her of any liability for a breach of the trust. However, trust relieving will be unenforceable if it is determined that the exculpatory term:

- Absolves a trustee of liability that is committed with deceitful intentions or with carelessness to the purpose of the trust or the interests of the beneficiaries.
- Was inserted because of a trustee’s abuse of a legal or confidential relationship with the grantor. 

Unless the trustee can prove that the exculpatory term was justified under the current situation and that it was adequately communicated to the grantor, the term will be found invalid. For example, if a trustee purposefully acted in a way that was determined to be against the trust in an effort to benefit themselves, that trustee could be responsible for his or her actions.

What Is Changing?


Under previous Illinois law, a grantor of a trust was able to exonerate a trustee from personal liability by including an exculpatory clause into the trust. Although exculpatory clauses can still be used under the Illinois Trust Code, there is now a presumption that they will be found invalid if the trustee created or forced the clause to be added. In order to prove that an exculpatory clause is legitimate, a trust maker should be represented by a third-party counsel during the drafting of the trust.

Contact a Riverwoods Estate Planning Attorney


Due to the significant changes that have been implemented under the Illinois Trust Code, it is important for trust makers and trustees to understand the new policies. If you wish to add an exculpatory clause, or if there has been a breach in your trust, you should work with an attorney to determine your legal options. At Drost, Gilbert, Andrew & Apicella, LLC, our experienced Barrington trust lawyers can work with you to ensure your trust meets the requirements of Illinois law. For a free consultation, call our office today at 847-934-6000.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.


Sources:
http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=4001&ChapterID=61

What Is a Nonjudicial Settlement Agreement in Relation to the ITC?

Web Admin - Thursday, November 07, 2019
Riverwoods estate planning lawyer trustsA trust can provide a person with the ability to protect and manage their assets and distribute them to beneficiaries either before or after their death. When a person creates a trust, they will name a trustee who will be responsible for controlling and managing the property or assets held in the trust. These appointed agents are legally required by the Illinois Trust Code (ITC) to fulfill the duties authorized to them, such as distributing possessions or managing an estate. If disputes arise between a trust’s beneficiaries, a trustee, or any other interested persons, the parties may enter into a nonjudicial settlement agreement to modify the terms of the trust. Before any actions or alterations are enacted, it is important to speak to an experienced trust attorney.  

What Can Be Resolved By a Nonjudicial Settlement Agreement 


Under the ITC, a nonjudicial settlement agreement can address the following subjects:
- The lawfulness and clarification of the terms attached to a trust.
- Approval of a designated agent’s actions.
- The powers which can or cannot be exercised by a trustee, as long as they do not conflict with the purpose of the trust.
- Concerns relating to property held by the trust if the settlement does not conflict with the purpose of the trust.
- The act of removing or appointing a trustee, advisor, or any other delegated representative of financial or nonfinancial powers. This may also include choosing a new successor trustee. 
- The financial compensation that can be provided to a trustee.
- The transfer of a trust’s principal place of administration.
- Accountability of a designated agent for his or her actions relating to the trust.
- The actions taken to resolve disputes related to the administration of the trust, the distribution of assets, or other relevant issues.
- A modification of the terms that relate to the administration of the trust. 
- If a trust is severed into two or more trusts, determination of whether the aggregate interests of each beneficiary are equivalent to their interests before severance.
- The termination of a trust, which can only occur if a court finds that the continuance of the trust is not necessary to achieve the trust’s purpose.

Contact a Long Grove Trusts Attorney


Before the ITC is enacted on January 1st, 2020, it is critical for trust settlors, trustees, and beneficiaries to discuss any possible changes that may need to take place. In order to make sure that your rights are protected, you should work with an experienced attorney who understands the laws regarding trusts in Illinois. At Drost, Gilbert, Andrew & Apicella, our Kenilworth estate planning lawyers can provide clarification in your specific situation. To schedule a free consultation, contact our office today at 847-934-6000.  

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.


Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=4001&ChapterID=61

4 Steps to Follow After a Car Accident Injury in Illinois

Web Admin - Thursday, October 17, 2019
Palatine car accident attorneyBefore a motorist or passenger gets into a vehicle, the possibility of a car accident must be taken into consideration. Victims of a fender bender may need to deal with pain and suffering, financial repercussions, and medical complications. If the crash can be attributed to the negligence of another individual, compensation may be owed to the injured parties. A lot of confusion may result after an accident, leaving the wounded parties unsure about how to proceed. These steps can provide guidance and clarity to anyone involved in a car accident: 

1. Think About Safety


Immediately following an accident, the safety and well-being of yourself and your passengers should be addressed. If a serious injury has occurred, try to remain still until medical assistance arrives. If possible, try to move your car to the side of the road with your hazard lights on, and the use of cones, warning markers, or flares could provide additional safety. After addressing your own safety concerns, you may want to check on the welfare of others involved in the accident.

2. Seek Help


Whether the crash is a minor accident or a major collision, you should contact the police to report the incident. Police officers will come to the scene of the crash and provide an incident report that can help establish who is at fault. Additionally, the presence of law enforcement may deter the person responsible for the collision from fleeing the scene.

Visiting a hospital or seeing a doctor following a collision can ensure that you receive the proper medical treatment, and it can provide insight about how the accident may affect your long-term well-being. Car crashes can result in serious injuries that might remain dormant for an extended period of time. Seeking medical help will create a record of your injuries that can determine how your life will be affected.

3. Exchange Information and Gather Evidence


While waiting for law enforcement to arrive, the following information should be exchanged between everyone involved in an accident:
- Names and contact information
- Vehicle descriptions (make, model, year)
- License plate and driver's license numbers
- Insurance information

You should also obtain any evidence that could be used to determine fault for the collision, including:

- Eyewitness contact information and statements
- Pictures of the scene
- Pictures of any damage to vehicles
- Pictures of any injuries sustained
- The police officer’s name and badge number

Furthermore, it is important not to sign any documents other than what is requested by the police. Do not accept payment from another driver or sign any statements regarding fault for the accident.

4. Contact a Schaumburg Personal Injury Lawyer


While you will likely be able to make an insurance claim with the other driver’s insurance company or under your own policy, you should contact an attorney before speaking to an insurance company. At Drost, Gilbert, Andrew & Apicella, LLC, we can help you determine the full extent of your damages, and we can negotiate a settlement with insurance companies to ensure that you are fully compensated for your injuries and damages. If necessary, we can help you file a personal injury lawsuit to recover the compensation you deserve. 

A car accident injury can result in loss of future wages, unforeseen medical expenses, and physical and emotional pain and suffering. If you have been injured because of another driver’s negligence, our experienced Palatine car accident attorneys will work with you to seek the compensation you are owed. For a free initial consultation, contact our office today at 847-934-6000. 

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
https://www.allstate.com/tr/car-insurance/in-case-of-a-car-accident.aspx
https://www.statefarm.com/claims/claims-help/auto/how-to-handle-an-accident

How Does the Illinois Trust Code Affect Trustees and Beneficiaries?

Web Admin - Wednesday, September 25, 2019
Long Grove estate planning lawyer Illinois Trust CodeMany people utilize trusts to protect and manage their assets and ensure that these assets are properly distributed to their beneficiaries either before or after their death. However, the laws regarding trusts are changing. Effective January 1st, 2020, the Illinois Trust Code (ITC) will be replacing the current Illinois Trusts and Trustees Act. The ITC is linked in certain ways to the Uniform Trust Code (UTC), which is an arrangement of laws designed to establish consistent trust laws between different states. Before the ITC is implemented, trust makers and trustees may need to review their current trusts and determine how the changes to the law may affect them. 

New Default and Mandatory Rules


When a person creates a trust, they place their assets in the control of a trustee, who will oversee the process of managing these assets and distributing them to the beneficiaries according to the terms defined in the trust. The ITC specifies a number of rules that must be followed regarding trusts. While a trust may provide a trustee and beneficiaries with certain rights, powers, duties, limitations, and immunities, the ITC states that:

- A trustee must act in good faith.
- The trust must be lawful and cannot violate public policy.
- A trust may nominate one or more people to serve as the designated representative of a qualified beneficiary, and this representative must act in good faith in the best interests of the beneficiary.
- A trust may not be enforced for more than 21 years.
- The court is granted the power to modify or terminate a trust.
- Spendthrift provisions can be authorized by the court.
- A person who is acting as an agent in a power of attorney must have express authorization in order to act on behalf of a trust settlor. 
- The court may adjust the compensation provided to a trustee if it is deemed to be too high or low.
- A trustee must notify each qualified beneficiary of the trust’s existence, the beneficiaries’ right to a copy of the trust, and whether the beneficiary can receive or request trust accountings. 
- A trustee must send an annual trust accounting to the current beneficiaries.
- A trustee must send a trust accounting to all of the beneficiaries upon the termination of a trust.
- If a trust contains terms waiving a trustee’s liability for breaching the terms of the trust, these terms may be unenforceable.

Contact a Schaumburg Estate Planning Lawyer


The ITC may have significant implications for currently-established trusts, as well as for trusts that are created in the future. Before the ITC is enacted, discussing your questions and concerns with an experienced Arlington Heights trusts attorney could help ensure that your rights as a trustee or beneficiary are protected. At Drost, Gilbert, Andrew & Apicella, LLC, we can help you address any legal issues related to trusts, or we can help you create a trust to protect your assets and distribute them to your beneficiaries. To further discuss your specific situation, contact our office today at 847-934-6000 for a free initial consultation.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.


Sources:
http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=4001&ChapterID=61

How Does Illinois Law Address Wrongful Death?

Web Admin - Tuesday, September 17, 2019
Barrington wrongful death attorneyThe death of a loved one can be very difficult, and it can affect an entire family. In addition to causing a great deal of emotional pain, the death can have a large financial impact as well, and family members may struggle to pay for medical care that was needed for their loved one, address funeral and burial expenses, and meet their own ongoing needs after the loss of an income provider. These issues can be hard to overcome in any circumstances, but they can be even more challenging if the death could have been avoided. A wrongful death may occur because of improper acts or negligence by others, and in these cases, family members may choose to seek financial damages from the party who was responsible. 

Common Causes of Wrongful Deaths


The Centers for Disease Control and Prevention (CDC) has reported that in 2017, nearly 170,000 people died from unintentional injuries. The most common types of injuries are accidental poisoning, motor vehicle accidents, and falls. While not all of these cases may have been considered wrongful death, a large portion of them could have been prevented, and negligent parties such as drivers, product manufacturers, or property owners may have been responsible. In addition, a study by Johns Hopkins Medicine concluded that more than 250,000 people die each year because of medical malpractice. In these cases, family members may be able to pursue compensation for a death that occurred because of the negligence of medical professionals.

How Do I File a Wrongful Death Claim in Illinois?


The Illinois Wrongful Death Act allows surviving family members of a wrongfully killed individual (typically a spouse or next of kin) to pursue monetary compensation from the person or company that was responsible for the death. A civil lawsuit may be filed, and if the defendant is found liable for the death of the victim, damages may be awarded to the surviving family members.

The compensation provided to the family members may include multiple types of damages. In addition to paying for the actual costs surrounding the death, such as any medical treatment received and expenses for the victim’s funeral or burial, the defendant may also be required to repay the family for the income lost because of the death, the loss of companionship, and the grief, sorrow, and mental suffering they have experienced. If compensation is awarded by the court, or if the parties reach a settlement agreement, the amount recovered will be distributed by the court to the surviving spouse and next of kin. 

Contact a Deer Park Wrongful Death Lawyer


If you are coping with the loss of a loved one that occurred because of someone else’s negligence, you should be sure to understand your options for pursuing financial compensation. The compassionate attorneys at Drost, Gilbert, Andrew & Apicella, LLC can provide you with the legal help you need during these difficult times. Our experienced Crystal Lake personal injury attorneys will work to ensure that you receive the compensation that addresses the emotional and financial harm your family has suffered. Contact our office at 847-934-6000 to schedule a free initial consultation. 

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57
https://www.cdc.gov/nchs/fastats/accidental-injury.htm
https://www.hopkinsmedicine.org/news/media/releases/study_suggests_medical_errors_now_third_leading_cause_of_death_in_the_us


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