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


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