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


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