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

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

Archive