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


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