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


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