Duties of Trustees to Beneficiaries

Web Admin - Wednesday, July 30, 2014

long grove wills and trusts lawyerOne common legal instrument that people use to plan their estates is a trust. A trust is a legal entity involving at least three roles: a settlor, a trustee, and a beneficiary. The idea of the trust is that each of these three roles work together. The settlor creates the rules of the trust and provides it with property, and they designate the beneficiary. The beneficiary, like the name suggests, is the person for whom the trust is managed. They derive the benefit of any income or other gains from the trust.

However, between the settlor and the beneficiary lies the trustee. The trustee manages the assets of the trust and uses them in the best interests of the beneficiary as directed by the rules of the trust that the settlor created. This means that the trustee has a variety of duties that they need to fulfill. These trustee duties can be thought of as either substantive or procedural duties. This is not an official classification, and the lines can blur, but it is at least a helpful way to catalog the duties.

Substantive Duties

Substantive duties are those that require the trustee to behave in a certain way. The central example is the duty to administer the trust by the rules the settlor laid out. The trust document will contain a variety of provisions, and it is the trustee's duty to follow them. Another example of these substantive duties is the duty of skill and care. This means that the trustee must manage the trust's assets with reasonable skill and caution. Similarly, Illinois law also imposes a “prudent investor” duty on trustees.

This means that the trustee has the duty to act as a prudent investor of the trust's assets including things like developing a diversified portfolio and actively managing investments as necessary. Trustees working with multiple beneficiaries also have a further duty: that of loyalty and impartiality. The trustee may not favor one beneficiary over the other unless the trust instrument provides some reason for it.

Procedural and Ministerial Duties

Trustees also owe beneficiaries a variety of more procedural duties, which involve the proper formalities of managing the trust. For instance, the law governing trusts in Illinois requires trustees to give annual accountings of the trust's receipts, disbursements, and an inventory of the estate. Trustees also often have duties to provide notice of certain actions such as changes in the trusteeship. This may also include a requirement that the trustee provide the beneficiaries with a copy of the trust instrument for their records.

These are just some of the many duties that trustees owe the beneficiaries of their trust. If you would like more information on the legal ramifications of managing a trust, contact an experienced Illinois estate planning attorney today. Our firm advises clients in many northwest suburban towns like Long Grove, Kenilworth, and South Barrington.

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.

5 Benefits to Using an Institutional Trustee

Web Admin - Tuesday, April 08, 2014

illinois trusts and estate planning attorneyTrusts are versatile, useful legal instruments that allow the grantor (the person who sets up the trust) to set aside certain money or other assets for the use of another person (the beneficiary). However, the beneficiary does not have direct access to the assets. Instead, the trust is managed by a trustee whose job it is to control the assets and use them in the beneficiary’s best interest. This makes choosing the trustee one of the most important parts of setting up a trust.

Although most individuals can serve as a trustee, Illinois law also allows for the use of an “institutional trustee.” Institutional trustees are companies, often banks, who professionally manage the trust’s assets. These companies usually do charge a fee for the services, but the companies come with several benefits:

  • - They are skilled at managing trusts;
  • - They have the ability to handle complex paperwork and recordkeeping;
  • - They provide continuity to the management of the trust;
  • - They operate free of bias; and
  • - They are regulated to prevent fraud.

Reasons to Use an Institutional Trustee

  1. 1. Experienced Administrators: Institutional trustees have experience managing trusts. This allows them to easily navigate the legal requirements for trustees. Furthermore, many trustees are responsible for investing the trust’s assets. Banks and other institutional trustees are often professional investors who will be able to handle the task better than friends or family.

  1. 2. Strong Recordkeeping: Trusts also have fairly extensive recordkeeping requirements to prevent fraud on the part of the trustee. Institutional trustees have the infrastructure in place to make sure that important documents, like tax returns, are filed on time and do not get misplaced. Furthermore, the use of an institutional trustee prevents this complex work from being pushed onto a friend or family member.

  1. 3. Management Continuity: The corporate nature of institutional trustees also allows for continuity in the trust’s management. Trusts can last for decades and decades. An individual trustee may not be physically or mentally capable of managing a trust for its entire duration. Conversely, institutional trustees have the ability to smoothly transfer trust administration from one employee to the next, allowing for steady management of the assets.

  1. 4. Unbiased Distribution: Additionally, institutional trustees can eliminate the possibility of bias that might exist with trustees who are friends or family. The company would not have any prior history with particular beneficiaries that might interfere with the fair and evenhanded use of the trust’s assets.

  1. 5. Fraud Protection: Finally, institutional trustees have fraud prevention mechanisms in place. Although everyone would like to think that their friends or family members are above reproach, cases of theft on the part of the trustee do happen. Many institutional trustees are subject to government regulation and auditing requirements that can reduce the risk of fraud on their parts.

If you are interested in setting up a trust, consult with an Illinois estate planning lawyer to tailor one to your specific situation. Our attorneys lend their experience to clients across the northwest suburban area, including in Long Grove, Riverwoods, and Kenilworth.

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.

Five Advantages of Living Trusts Over Wills

Web Admin - Friday, January 03, 2014

By Jay Andrew
JAA@DGAALAW.COM / (847) 934-6000

When preparing for the disposition of their property after they pass on, many people often find themselves questioning what wills and living trusts are and which document would better suit their needs. Wills, governed by the Probate Act of 1975, are legal documents that a person prepares prior to their death, which specifies how the rest of the family should distribute their property and handle the other affairs. Living trusts, which are controlled by the Trusts and Trustees Act, are legal devices that allow a person of the creator’s choosing, the trustee, to handle the disposition of their property. While everyone’s situation comes with unique considerations, living trusts may provide various advantages over wills. Five of the most important advantages include:

1. Living trusts can help your family avoid dealing with long, draw-out probate proceedings. Courts use probate proceedings to tie up a person’s loose ends, distribute their property, and generally enact their will. If you use a living trust, rather than moving through the court system, the trustee can distribute the property in accordance with the trust. This means that your family will not need to bring themselves to the courthouse and deal with the fees and hassle that come along with probate proceedings.

2. Living trusts also provide more privacy than wills do. While both wills and living trusts remain private throughout your life, the probate court will look at the will after you pass on, even if there are no formal probate proceedings. That means that the will becomes a matter of public record. On the other hand, your relatives will not need to file the trust with the court, so it can stay between them.

3. Living trusts also stand a better chance of surviving a legal challenge after your death, making it more likely that your final plans will be enacted to your specifications. The extra strength from a living trust comes from your ability to keep an active eye on it during your life. Because you would stay involved with the trust’s management during your life, relatives would find it harder to prove that you were not of sound mind when making the plan.

4. Living trusts make leaving property to minor children simpler too. Because minors cannot own most property, the trustee whom you choose can manage it for them, whereas a court appointee would likely handle the management if you chose to pass the property on with a will.

5. Living trusts have further benefits in the event that you become incapacitated while alive. Ordinarily, such circumstances would require relatives to petition the court for control of your affairs, and then the court would appoint a person to manage them. With a living trust, you can appoint a successor trustee to take over management in the event that you become incapacitated.

Decisions about testamentary dispositions can be complicated and involve multiple areas of law. If you are in the process of making such decisions, contact a Palatine estate planning lawyer today. We serve many areas in the northwest suburbs including Arlington Heights, Crystal Lake and Barrington.

Recent Posts


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