DGAA bLAWg

Using Virtual Representation Effectively in Illinois

Web Admin - Wednesday, November 06, 2013

When a trust is created, many different people may have an interest in how it is administered. For example, it is common for the trust documents to allow one person to benefit immediately (i.e. a spouse), with others to receive the assets upon that beneficiary’s death (i.e. the children). Those who are set to inherit later obviously have a stake in how the trust is managed. Mismanagement may affect their interests.

But what happens if those future beneficiaries are children, disabled, or otherwise unable to effectively advocate for their interests? One solution is to go to court and have a judge appoint a guardian to act in their interest. But that process often takes significant time, is costly, and may be ineffective if the future beneficiaries are unknown, like unborn children.

Reaching an Agreement

Is there a way to settle disagreements involving a trust without going to court? Fortunately, there is.

Illinois has a “virtual representation” statute which allows select individuals to represent the interests of others to craft agreements, often dealing with disputes regarding a trust. Essentially, this law allows different parties to create agreements which avoid litigation and are binding on some future beneficiaries.

When used properly, these settlement agreements can solve ambiguities in the trust document, delineate duties of the trustee, and account for many other administrative issues. As a result, these agreements can be incredibly efficient, eliminating the risk of prolonged legal battles down the road.

Many Illinois residents are well served by exploring use of virtual representation to reach a nonjudicial agreement. However, it is important to proceed cautiously, usually with the aid of an attorney. When not created properly, the agreement may not hold up. Under the law, to be valid the primary beneficiaries must all be adults and legally competent. The trustee must also be a party to the agreement. Notably, the agreement cannot change the terms of the trust. In addition, the primary beneficiary must not have a conflict of interest with those who are being bound. To qualify as a primary beneficiary the individual must currently receive income or principal from the trust. Alternatively, the individual must be eligible to receive a distribution of principal at a certain date.

Learn More

Do you want to learn more about using virtual representation effectively? These issues are quite complex, and so it is helpful to contact a Palatine estate planning attorney to make sure you are doing everything in your power to protect your long-term interests. The law office of Drost, Gilbert, Andrew & Apicella, LLC serves clients in Palatine, Arlington Heights, Crystal Lake and other suburban Chicago areas.


Recent Posts


Tags

right to work bad faith insurance claims IRELA truck collisions life insurance claims Illinois insurance disputes Crystal Lake medical malpractice attorneys estate planning for college students Palatine real estate lawyer Crystal Lake personal injury lawyer Palatine trusts lawyer real estate lawyer employee misclassification Inverness real estate attorney Arlington Heights real estate lawyer wills sexual images Palatine traffic lawyer Mount Prospect real estate lawyer medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Illinois personal injury lawyer Illinois pedestrian accident attorney Arlington Heights car accident lawyer meal breaks motorcycle accident lawyer operating agreements life insurance lawyer Crystal Lake employment law attorney Buffalo Grove medical malpractice lawyers Deer Park traffic lawyer defective products lawyer Chicago car accident lawyer Des Plaines Illinois personal injury lawyers trusts Illinois trusts attorney criminal record Inverness elder law lawyer corporate law Illinois wills and trusts texting while driving rent to own real estate contracts wrongful termination Illinois real estate unpaid assessment Illinois driving without license Arlington Heights personal injury lawyer Barrington real estate lawyer Schaumburg probate attorney Inverness civil lawyer Illinois car accident attorney Illinois traffic accident lawyer Des Plaines DUI attorney advance healthcare directive Inverness probate lawyer Chicago estate planning lawyer speeding Illinois lawyer Chicago insurance claim attorneys Barrington employment attorney reckless homicide murder defense Palatine Attorney Illinois medical malpractice attorney sole proprietorship Chicago corporate attorney bicycle dooring accidents Arlington Heights employment law attorneys rollover accidents Kenilworth estate planning attorneys Illinois Probate Act of 1975 dog bites Des Plaines pet law attorney Schaumburg traffic lawyer Schaumburg construction accident lawyer Des Plaines injury law firm insurance claim denial Rolling Meadows traffic law firm ken apicella crossover accidents construction accidents Illinois Workers’ Compensation Commission criminal Palatine estate planning lawyer probate claims process Illinois traffic attorney Schaumburg car accident attorney Illinois business law atorneys spinal cord injury IRA benefits Chicago employment lawyer forming a corporation in Illinois employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys car accident auto accidents Illinois insurance lawyer Arlington Heights lawyer Rolling Meadows personal injury attorney workers compensation anesthesia errors eluding a police officer owner responsibility condo association Illinois medical malpractice claim ObamaCare Illinois insurance claims lawyers whistleblower protections condo Deer Park criminal attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, insurance adjusters involuntary manslaughter DUI penalities slip and fall accidents creditors hiring employees Forcible Entry construction contracts Crystal Lake tax lawyer Landlord Tenant Ordinance Illinois home inspection rollover car crashes traffic offenses icy parking lots estate tax uninsured motorist Illinois real estate lawyer Barrington medical malpractice lawyers Illinois Human Rights Act Deer Park personal injury lawyer traffic laws Barrington workers compensation attorney Rolling Meadows insurance dispute lawyers, insurance dispute Inverness personal injury attorney Rolling Meadows tax attorney Schaumburg estate planning lawyer real estate Palatine insurance lawyer jet ski accidents compensatory time Schaumburg employment law attorneys Crystal Lake criminal defense attorney Arlington Heights personal injury attorney new real estate form CAM employee rights Illinois pet lawyer independent contractor license suspension personal injury attorney Illinois workplace discrimination attorney guardianship attorney Inverness traffic law firm real estate contract Inverness real estate lawyer Inverness insurance attorney Buffalo Grove criminal defense lawyer Colin H. Gilbert insurance claims Arlington Heights wills and trusts lawyer Crystal Lake law firm liens Fair Labor Standards Act internet Rolling Meadows insurance dispute lawyers Barrington personal injury attorney first degree murder Mount Prospect wills and trusts lawyers Schaumburg medical malpractice lawyer comparative negligence field sobriety test Rolling Meadows boating crash lawyer medical research Crystal Lake estate planning lawyer DUI caretaker rights LLCs Illinois insurance attorney Rolling Meadows probate lawyer Arlington Heights TBI attorney probate process Rolling Meadows traffic attorney Arlington Heights criminal lawyer insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Illinois trucking safety cell phone accidents traumatic brain injury clemency Illinois registered agent real estate leasing Illinois Smoke Detector Act paid sick leave boating under the influence cell phone Barrington estate planning lawyer probate workers compensation benefits Arlington Heights wills and trusts attorney liability Chicago biking tips car accident lawyer employment contract Long Grove real estate attorney car crash GM ignition switches murder Schaumburg criminal law attorney Des Plaines drug crimes lawyer elder abuse Rolling Meadows litigation lawyer Illinois Sales Representative Act landlord tenant law golf accidents Crystal Lake bike accident lawyer Detainer Actions work unions Rolling Meadows criminal lawyer murder charges trucking accident lawyers living wills swimming pools construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation personal injury claims attorney fees Deer Park real estate law firm spinal cord injuries pedestrian accident manufacturing Crystal Lake personal injury attorney Illinois insurance dispute lawyers caregiver controlled substance child safety investment property brain injury Des Plaines personal injury lawyers fault based insurance Illinois traffic ticket lawyer problem employees Illinois employment laws products liability motorcycle accident Palatine construction attorney Federal Food Drug and Cosmetic Act estate planning trusts Rolling Meadows Attorney Illinois business lawyer car crashes Crystal Lake pet attorney startup company Des Plaines criminal attorney Arlington Heights trucking lawyer Buffalo Grove traffic lawyers residential real estate DGAA estate planning lawyer rest breaks Palatine probate lawyer Schaumburg Riverwoods estate planning lawyer DUI attorney Schaumburg employment attorney insurance claim denials denied insurance claim low-ball insurance settlement real estate attorneys Palatine workers compensation lawyer Schaumburg estate attorney Deer Park motorcycle accident lawyer employee discrimination natural gas Illinois bicycle safety Crystal Lake medical malpractice law firm Schaumburg insurance lawyers Attorney Ken Apicella Transfer on Death Instrument DUI defense premises liability Colin Gilbert FMLA Illinois estate planning Buffalo Grove real estate attorney Long Grove real estate lawyer Illinois elder law attorney jet ski license revocation traffic deaths minimum wage criminal law digital media accounts, estate planning, Arlington Heights estate planning attorney, DMV wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace slip and fall Arlington Heights Traffic Lawyer BAIID personal injury lawyer Arlington Heights wills and trusts attorneys comp time subcontractor Arlington Heights injury attorney Chicago insurance law firm Do Not Resuscitate insurance dispute privacy Arlington Heights wills and trusts lawyers insurance claim Deer Park DUI lawyer Rolling Meadows insurance lawyer South Barrington real estate lawyer accidental death benefits Illinois employee rights attorney. severance agreements Illinois red light cameras Inverness estate planning lawyer Barrington employment law firm Arlington Heights pedestrian accidents personal injury Schaumburg Attorney vacation home fines license Schaumburg elder law lawyer Illinois workers compensation attorney Schaumburg personal injury lawyers Jay Andrew Crystal Lake car accident attorney breach of contract trucking accidents Schaumburg personal injury lawyer pay when paid contract Crystal Lake traffic lawyer Des Plaines personal injury lawyer Illinois DUI attorney drug crimes Chicago attorney Illinois insurance claim dispute lawyers loss of consortium Illinois workplace lawyer traffic accidents Illinois employment law attorney IRS Crystal Lake employment attorney suspended license Palatine civil litigation lawyer commercial leases power of attorney for healthcare Illinois probate lawyer in terrorem provision Des Plaines insurance attorney Des Plaines personal injury attorney PTSD insurance claim dispute attorney employment law, Illinois employment laws Buffalo Grove probate lawyer Palatine employment lawyer workers comp Barrington Illinois estate planning lawyer sexual harassment DNR Illinois personal injury Self-Directed IRA Accounts privacy laws healthcare claims estate plan dealing with problem employees Rolling Meadows personal injury lawyer living trust vs will Illinois employment law drug crimes lawyer car accidents deed transfer civil rights violation hands free device Rolling Meadows insurance attorney Rolling Meadows car accident lawyers Deer Park traffic accident attorney Buffalo Grove car accident lawyer Crystal Lake civil litigation lawyer unfunded trust Illinois traffic laws Kenilworth estate planning attorney Palatine personal injury lawyer Arlington Heights medical malpractice lawyer Palatine law firm contracts food poisoning Palatine criminal defense lawyer Illinois will lawyer Chicago employment attorney gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Inverness accident lawyer trustee Illinois tax attorney Des Plaines claims law firm Schaumburg civil litigation attorney ACA digital evidence mortgage real estate attorney Illinois boating accident lawyer Barrington business law firm Barrington civil litigation attorney Illinois insurance claim dispute lawyer Buffalo Grove employment lawyer Schaumburg drug defense lawyer power of attorney civil litigation insurance claim dispute Palatine elder law attorney Rolling Meadows drug defense attorney Des Plaines Traffic Lawyer senior citizens foreclosed rental property automated cars Palatine employment attorney Rolling Meadows business lawyer institutional trustee Barrington personal injury lawyer deadly crashes Buffalo Grove injury lawyer Legal Info Barrington litigation attorney Des Plaines drug lawyer wrongful death Rolling Meadows real estate attorney Chicago traffic lawyer Illinois employment lawyer Illinois employment law firm Chicago lawyer probate claims Schaumburg real estate lawyer Palatine corporate attorney Crystal Lake pedestrian accident lawyer employment lawyer Buffalo Grove traffic attorney mass shooting Employment Discrimination Law Crystal Lake business law attorneys drug possession Rolling Meadows corporate lawyer cell phone tower data car crash injuries Super Mario School Visitation Rights Act Des Plaines tax law firm Joliet general practice lawyers Rolling Meadows marijuana attorney drug crime medical malpractice personal injury law firm special needs trust changes to mortgage law back injuries Inverness injury lawyer denial of life insurance job lawyers Barrington boating accident attorney Palatine injury attorney insurance denial appeals underage DUI Illinois fiduciary rule Illinois LLC creation Schaumburg personal injury attorney medical malpractice claims life insurance policy Illinois traffic attorneys income distribution deducation Schaumburg criminal attorney Illinois job attorney loopholes Illinois speeding lawyer Long Grove estate planning medical marijuana Des Plaines accident attorney pizza emoji Des Plaines medical malpractice attorney Deer Park medical malpractice attorney liability claims drugs rumble strips traffic crimes Long Grove estate planning attorney Arlington Heights car crash attorneys traffic tickets living trust Illinois insurance claim attorney Crystal Lake car accident lawyer Des Plaines real estate lawyer Illinois wills and trusts attorneys Mount Prospect elder law attorney insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Fourth of July real estate closing Chicago trucking accident attorney probate lawyer Buffalo Grove personal injury lawyer South Barrington real estate attorney medical malpractice compensation insurance claim delay Illinois collections attorney college kids Rolling Meadows employment law attorneys installment contracts wage theft gift taxes driving distracted driving accidents Barrington criminal lawyer landlord employment attorney FSLA Illinois employment law attorneys Deer Park workers compensation lawyer estate planning attorney filing a medical malpractice claim probate fees financial advisors revenge porn fiduciary rule delay real estate zoning BAC Policy Cancellation Crystal Lake employment lawyer employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, disability benefits blood alcohol content Schaumburg wrongful death attorney Illinois workers compensation lawyer Kenilworth estate planning lawyer Schaumburg corporate attorney insurance denials drunk driving Buffalo Grove personal injury attorney Arlington Heights estate planning attorney Home Sale Contingencies agent Arlington Heights traffic attorney Palatine employment law lawyer digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers no contest clauses Barrington Traffic Lawyer Rolling Meadows criminal attorney car collision pain and suffering defective products home inspection lawyer foreclosure elder law texting and driving commercial leasing social media after death pet bites personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys insurance attorney Rolling Meadows estate planning attorney Deer Park employment law attorney Crystal Lake insurance lawyer unauthorized overtime medication errors Palatine civil attorney surgical mistakes bike accident Rolling Meadows accident lawyer Buffalo Grove insurance claim dispute lawyers employees insurance agent negligence civil litigation attorney health insurance dispute Retaliatory Discharge Inverness DUI lawyer holiday statistics capital gains tax nursing home negligence taxes estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers BUI tax attorney unpaid overtime Illinois corporate lawyer pet law Illinois attorney criminal defense dynasty trusts underinsured motorist preventable medical errors Barrington employment law attorney trauma after an accident commercial real estate Chicago estate planning Illinois medical malpractice case Long Grove wills and trusts attorneys Des Plaines collections attorney Illinois living will federal regulations for LLCs Illinois motorcycle accident lawyer Illinois estate planning law firm Illinois medical malpractice lawyers insurance disputes personal injury claim Whistleblower Claims pregnant women distracted driving accident victims insurance negligence traffic violations defense marijuana crimes attorney bicycle accidents Class A misdemeanor Arlington Heights insurance attorney Crystal Lake traffic attorney Rolling Meadows Barrington injury attorney Des Plaines civil attorney Palatine drug lawyer POA Barrington criminal defense lawyer natural gas explosion consent to a search Rolling Meadows employment law attorney pedestrian-automobile accident Affordable Care Act Illinois rollover accident lawyers IRA trust transfer Palatine traffic accidents vacation home overtime violations head on collisions Barrington estate planning attorney Illinois jet ski accident lawyer drunk driving statistics Arlington Heights accident attorney boating DUI Buffalo Grove corporate attorney Rolling Meadows medical malpractice lawyers estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, boating accidents Thanksgiving Crystal Lake will lawyer Inverness corporate attorney Arlington Heights tax lawyer federal crimes Rolling Meadows Traffic Lawyer irrevocable trust small business breathalyzer test personal injury accidents Liquor Control Act workplace sexual harassment Illinois Transfer on Death Instrument Palatine punch death traumatic brain injuries Rolling Meadows DUI lawyer Long Grove estate planning attorneys denied insurance claims Illinois criminal defense attorney life insurance Des Plaines motorcycle accident attorney Buffalo Grove law firm fatal car accidents preventing accidents Crystal Lake injury attorney trust payments Illinois Wage Payment and Collection Act Arlington Heights Attorney blended families pedestrian injuries, pedestrian fatality Exclusions Palatine corporate law attorneys Barrington attorney llinois Real Estate Lawyers Association Food and Drug Administration's Food Safety Modernization Act Illinois wrongful termination lawyer estate attorney Palatine business attorney healthcare Deer Park accident attorney modern family estate planning insurance dispute attorney Illinois personal injury attorney pedestrian accidents Illinois small business Rolling Meadows personal injury lawyers Illinois construction accident attorney marijuana hit and run accident homestead rights Mt Prospect Attorney car accident lawyers dram shop law Illinois civil litigation lawyer Rolling Meadows employment attorney Family Medical Leave Act insurance agents Illinois employment attorneys Arlington Heights employment attorney product liability living trust benefits Schaumburg estate planning attorney Illinois defective products attorney Barrington drug crime attorney digital assets expungement Crystal lake insurance dispute attorney Des Plaines real estate attorney traffic violations Schaumburg injury lawyer overtime pay Crystal Lake medical malpractice lawyer Crystal Lake accident attorney estate planning wills and trusts digital information Illinois law business litigation underfunded trust license reinstatement trench injuries Illinois mortgages appealing an insurance claim employment law Chicago will attorney Home Remodeling Repair Act TBI Illinois estate planning attorney Illinois injury lawyer

Archive