Modern Family Estate Planning – Why Use a Living Trust?

Web Admin - Friday, October 20, 2017

Arlington Heights wills and trusts attorneyToday’s family looks much different than those from just 50 years ago. People no longer feel obligated to stay in a marriage that is not working, divorcees sometimes remarry, partners opt for cohabitation over remarriage, and there may be children from one marriage or both. While, in many ways, blended families are a positive thing – especially for kids – it does make estate planning much more complicated than it once was. A living trust can mitigate against many of these issues. Learn how with help from the following.

Potential Blended Family Pitfalls

People can cause some serious problems by either not having an estate plan or creating an ineffective one. The chief issue is that heirs could experience unnecessary financial difficulty while trying to muddle through the expensive and arduous probate process. Several other pitfalls must be addressed as well, however, especially in blended family estate planning. Consider some of the following possible examples:

- A father intended to leave everything to his children, but he failed to check his beneficiaries and update his estate plan. His home and other assets ended up going to his former wife. 

- A step-child expected to receive an inheritance, but the estate plan was unclear and state law does not provide for step-children. They receive nothing;

- A child inherits their father’s antique rifle, but it was promised to another child from a previous marriage;

- A husband dies and leaves his assets to his wife. When she passes away, she leaves everything to her children from a previous marriage. His children inherit nothing.

A Living Trust Can Mitigate the Risks

While it may be impossible to remove all risk of heirs fighting over an inheritance, there are several strategies that guarantors can use to mitigate against the possible damage of probate, tax consequences, family squabbles, debtors, and other common issues. The most effective tool is the living trust (revocable, irrevocable, marital, etc.). Each type works a little differently, but the primary goal is to ensure that the right person receives the right assets. Set up properly, a trust can also mitigate against spendthrift issues, ensure that even extended branches of family receive assets, and can even be specifically designated for certain expenses or needs (such as with college students, special needs children, or an ex-spouse who happens to be the other parent of your minor child). 

Why Plan Now?

No one wants to think about their death or the death of their spouse, and many dream of the death of their ex-spouse - which is why it can be easy to put off planning for it until you start to age. Sadly, not planning now can have severe consequences if an accident or incapacitation occurs to you, your spouse, or your ex-spouse. Avoid the consequences of ineffective and non-existent estate plans by contacting an experienced wills and trusts lawyer today.

At Drost, Gilbert, Andrew & Apicella, LLC, we work in your family’s best interests. Dedicated and experienced, our Arlington Heights wills and trusts attorneys wills and trusts attorneys can handle even the most complex of situations with skill. Call 847-934-6000 and schedule your personalized consultation today.

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


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