DGAA bLAWg

New Illinois Law Affects Gifts to Caregivers

Web Admin - Thursday, November 13, 2014

Illinois caregiver probate, Schaumburg probate lawyerDrafting a will is an important step towards ensuring that a person's final wishes can be accurately carried out. However, there have been recent cases of elderly testators succumbing to the undue influence of caregivers or other people close to them, and altering their wills in ways that they would not ordinarily want to. In order to better protect the interests of people drafting wills and other documents to memorialize their last wishes, Illinois has passed a new law that alters the way that courts treat gifts to caregivers if someone contests the validity of the document.

Presumptively Void Transfers

In the event that someone legally challenges a bequest to a caregiver of more than $20,000, the court will apply a “rebuttable presumption” that the transfer is void. A void transfer would not go through and would instead be redistributed under other provisions of estate law. However, not all large gifts to caregivers would be void under the law. The law instructs the court to use a rebuttable presumption, which means that the caregiver is allowed to argue that the transfer was valid and should go through normally.

What the presumption does, essentially, is forces the caregiver to fight an uphill battle if he or she wants to claim the money. The caregiver would need to show by “clear and convincing evidence,” a higher than normal standard, “that the transfer was not the product of fraud, duress, or undue influence.” The caregiver also has another option to demonstrate the validity of the will. If the caregiver can show that the gift's size is no greater than it would have been before he or she became the caregiver, then he or she can overcome the presumption.

When the Law Applies

The law contains a variety of cutouts and definitions that make it more clear when the law does or does not apply. For instance, the law provides an exception for family members who act as caregivers. They will not have to face the presumption of voidness, though they do still need to deal with ordinary issues of fraud and duress. The law also sets out a definition of the types of documents that the rule applies to, which the law refers to as transfer instruments. According to the law, a transfer instrument is a document designed to cause a transfer of assets on or after the date of the transferor's death. These instruments can be wills, trusts, or contracts, among a variety of other types of legal documents.

If you believe that a family member's will was improperly tampered with by a caregiver, seek the help of a dedicated Schaumburg, Illinois probate attorney today. Our firm can help you learn about the options you have to make sure that your family member's final wishes are carried out properly. We assist clients in Inverness, Palatine, Arlington Heights, and throughout the Chicagoland suburbs.

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.


Recent Posts


Tags

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

Archive