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


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