DGAA bLAWg

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


Tags

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

Archive