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


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