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

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

Archive