What Types of Charitable Trusts Can I Use in My Estate Plan?

Web Admin - Friday, May 31, 2019
Kenilworth charitable trusts attorneyA trust is a legal agreement created by the owner of assets or property that designates an individual (a trustee) to manage the assets and distribute them to the beneficiaries named in the trust. Assets can be distributed either during the life of the person who creates the trust (known as the grantor) or after their death. In many cases, a grantor chooses to pass their assets to relatives or close friends; however, some may also wish to support a cause they believe in by naming a charity as a beneficiary. In these cases, charitable trusts can be used, and they typically fall into one of two categories: charitable lead trusts and charitable remainder trusts.

Charitable Lead Trusts

This type of charitable trust has a time limit tied to the funding that is provided to one or more charities. Once the time period ends, the rest of the assets are given to non-charitable beneficiaries. The process begins with an initial donation to fund the trust. Charitable lead trusts do not require a minimum or maximum charitable payment amount, and a grantor may prefer to make a cash contribution to be eligible for immediate tax deductions. The payments will then be sent to at least one charity of the grantor’s choosing. This must be done at least once a year for a specific number of years or for the remainder of the lifespan of the grantor. Once the trust’s term has ended, the rest of the funds are given to the beneficiaries chosen by the grantor.

Charitable Remainder Trusts

Many will choose charitable remainder trusts because they can provide regular income for the grantor or their beneficiaries in addition to donating assets to charity. This type of trust is almost the exact opposite of a lead trust, with assets being distributed to beneficiaries during the term of the trust, and any remaining assets being donated to charity after the grantor’s death. 

The first step in creating a charitable remainder trust is making a partially tax-deductible donation. This can include cash, stocks, real estate, or private business interests. During the term of the trust or the remainder of the grantor’s life, assets held in the trust may be distributed to beneficiaries, such as the grantor’s loved ones or even the grantor themselves. Beneficiaries can receive income only once per year or as frequently as every month. After the grantor’s death, the selected charity or charities will receive the remainder of the assets. 

Contact an Arlington Heights Charitable Trusts Lawyer

Estate planning is an extremely complicated process that requires extensive attention to detail. While charitable trusts can provide a number of benefits, it is important to ensure that the correct steps are followed when creating this type of trust. At Drost, Gilbert, Andrew & Apicella, LLC, we can help you determine which trusts will be best for you and your beneficiaries. Contact a Long Grove estate planning attorney 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.


Why Driver Negligence Is the Most Common Cause of Motorcycle Accidents

Web Admin - Friday, May 17, 2019
Arlington Heights motorcycle accident lawyerAs the weather warms up during the spring, more and more people will begin to travel using motorcycles. Unfortunately, the increased number of motorcycles on Illinois’ roads means that more motorcycle accidents are likely to occur. May is Motorcycle Safety Awareness Month, and during this time, drivers are encouraged to share the road safely with motorcycles.

Unfortunately, many drivers fail to protect the safety of motorcyclists. Negligence by drivers of cars or trucks can be incredibly dangerous for cyclists, and collisions between motorcycles and other vehicles are likely to lead to serious or fatal injuries. While motorcyclists can take steps to protect their own safety by wearing a helmet and driving as safely as possible, they are often injured through no fault of their own. Some common forms of driver negligence that can result in severe motorcycle accident injuries include:

- Failure to notice motorcycles - Due to the small size of motorcycles, drivers often do not see them, and this can lead them to collide with a motorcycle when changing lanes or making turns. Drivers should always check their mirrors and blind spots and keep a close eye on all vehicles around them, and failure to do so is considered negligence.

- Failure to respect right of way - A significant percentage of motorcycle accidents take place at intersections, and they often occur because drivers do not follow the traffic laws regarding right of way. In some cases, drivers may not realize the speed at which a motorcycle is traveling, or their view of a motorcycle may be obstructed by obstacles or other vehicles. Regardless of the reason, dangerous collisions can occur when a driver illegally pulls out or turns in front of a motorcycle.

- Distracted driving - When a driver takes their eyes off the road, their hands off the steering wheel, or their attention away from driving, they greatly increase the chances of an accident. Some common distractions include using a cell phone to make calls or send texts, adjusting the radio or environmental controls, attending to children in the car, and eating or drinking. These activities can be especially dangerous when driving around motorcycles, since a momentary lapse in attention can cause a driver to be completely unaware of a nearby motorcycle.

- Drunk driving - When a driver is intoxicated by alcohol or drugs, their vision, coordination, judgment, and reflexes are all negatively affected. This can cause them to be unable to react in time to avoid colliding with a motorcycle.

Contact a Buffalo Grove Personal Injury Lawyer

If you have been injured in a motorcycle collision, it is likely that a negligent driver was at fault. At Drost, Gilbert, Andrew & Apicella, LLC, our Inverness motorcycle accident attorneys can help you pursue compensation from those who were responsible for your injuries, and we will fight to ensure that you receive the financial resources you need. To arrange a free consultation, contact us today by calling 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.


How Can My Kids Be Injured By Defective Children’s Products?

Web Admin - Wednesday, May 15, 2019
Inverness defective products lawyer child injuryAs parents, we go to extraordinary lengths to keep our children safe, and we expect others to do so as well. The manufacturers of children’s products should take care to ensure that these items are safe for children and parents to use, and there are a multitude of laws in regulations in place that are meant to keep dangerous products from entering the market. Unfortunately, some companies fail to follow these regulations, or they commit oversights when rushing a product to market, and as a result, defective or dangerous products are sold to consumers.

Since children are especially vulnerable to harm, they can suffer serious injuries because of defective toys, clothes, baby care products, child safety products, and much more. The Consumer Product Safety Commission (CPSC) regulates most children’s products in the United States, and when dangerous products are discovered, the CPSC may require the company to recall the product.

Some recent recalls of children’s products include:

- Rocking infant sleepers - Two manufacturers have recalled all models of their infant rocking sleeper beds. Multiple babies died of suffocation after rolling onto their stomachs because they were not properly restrained while in these sleepers.
- Child bed canopies - A light-up canopy for children’s beds was recalled because the lights could overheat and cause the canopy to catch on fire, leading to serious burn injuries.
- Wooden toys - Multiple types of toys made of wood were recalled, because they contained small parts that could come loose and present a choking hazard for children.
- Clothing - Clothing manufacturers have recalled children’s sleepwear and bathrobes because they did not meet standards for flammability, causing the risk of serious burn injuries for children. Other types of clothing, such as jackets, snowsuits, and shoes, were recalled because of choking hazards from zippers or other components that could become detached.
- Bed rails - One company recalled portable rails for children’s beds because they could cause entrapment and suffocation for children.
- High chairs - One manufacturer recalled convertible high chairs because the legs could become detached, causing fall injuries that could result in brain injuries, broken bones, or dislocated joints for children.
- Baby carriers - A child carrier was recalled because of a defective clip that could cause dangerous fall injuries for babies.
- Bath seats - A support seat to use while bathing infants was recalled because it did not meet the standards for stability. The seats presented a drowning hazard because they could tip over, or a child could slip out of the supports.
- Playground equipment - Some playground parts have been recalled because gaps in railings or handholds are too large, presenting a risk of entrapment and strangulation for children.

Contact a Rolling Meadows Product Liability Lawyer

If your child has been injured while using a defective or dangerous product, the attorneys at Drost, Gilbert, Andrew & Apicella, LLC can help you understand your options for pursuing compensation from a negligent product manufacturer. We will fully investigate the circumstances of the injury and determine whether can recover damages because the product had a design defect or manufacturing defect or because the proper instructions or warnings were not provided. To schedule a free consultation, contact our Barrington personal injury attorneys 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.


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