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What Is Included in an Illinois Living Trust?

Web Admin - Thursday, December 31, 2020

Kenilworth estate planning attorneyWhen someone passes away, there is a legal process for administering and managing his or her estate, which is often referred to as estate administration. Instead of creating a will that outlines how assets will be distributed after death, a person can put those directives in another document, called a living trust. A trust is a legal document that designates a person or corporation to act as a trustee to administer the trust property according to the trust instructions. The individual who drafts the trust is considered the “grantor” or “settlor.” Those who receive assets or income from the trust are known as “beneficiaries.” The individual who is assigned as the trustee has a responsibility to uphold and manage the trust property for the beneficiaries named in the trust document. If you or someone you know is considering establishing a trust, an experienced estate planning attorney can help you draft this important legal tool.  

The Difference Between a Will and a Trust

A will only takes effect upon a person’s death. A living trust becomes valid during the grantor’s lifetime and can be either revocable or irrevocable. A living trust designates a trustee and explains the steps for administering the trust during a person’s life in addition to after his or her death. It is important to note that the trust document simply sets up the trust, which remains empty until assets are placed into the trust.

An individual can be the sole beneficiary of his or her trust while he or she is living. Alternatively, he or she can name a spouse or children as other beneficiaries. In the event the grantor becomes incapacitated due to a serious illness or injury, the trust designates a successor trustee to manage the assets. Upon the grantor’s death, the living trust instructs the distribution of assets like it would in a will. These assets may include cash, life insurance policies, individual retirement accounts (IRAs), stock portfolios, real estate, and other business interests. By putting who gets what into writing can prevent arguments or disputes between family members who believe they are entitled to any assets. 

The Benefits of a Living Trust

The benefits of a living trust include avoiding going to court for probate and guardianship proceedings (in the event a minor is involved). A living trust can be especially useful when someone owns real estate property in more than one state. Generally, real estate is probated in the state where it is located. There are people who may own real estate in one or more states, which usually requires probate to be administered in the owner’s home state. However, probate must also be conducted in any other state in which a person has property. Since probate is not necessary for property that is held in a trust, homeowners can forgo this additional administration as long as the out-of-state real estate is included in the living trust.

Unlike a will, a living trust is private since it is not a public record. 

Contact a South Barrington Estate Planning Lawyer

Thinking about and planning ahead for your future is important to prevent disputes among family members upon your death or if you become incapacitated. Depending on your circumstances, you may want to create a living trust instead of a will. Drost, Gilbert, Andrew & Apicella, LLC, are well-versed in Illinois law pertaining to estates. Our accomplished Long Grove estate planning attorneys will help you draft and review these essential legal documents. Call our office today at 847-934-8000 to schedule a free consultation.


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.






Source:
https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=4001&ChapterID=61



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The Importance of Having a Will that Provides for Minor Guardianship

Web Admin - Saturday, November 28, 2020

Kenilworth estate planning attorneyAlthough you may not think you need it, an estate plan can provide peace of mind and the assurance that your family will be taken care of after your death. Documenting your wishes ahead of time eliminates uncertainty and disputes, while maximizing the value of your estate when it is distributed among your beneficiaries. This is especially if you have children or other family members who rely on you for support. An experienced estate planning attorney can assist you with creating a will and trust that is appropriate for you and your family, including guardianship of any minors. 

What Is a Last Will and Testament?

Every estate plan should include a will, which is also sometimes referred to as a last will and testament. This legally binding document clearly states a person’s intentions or wishes after his or her death. The issues covered usually include who will act as the executor and who will inherit the estate. Regarding the estate, it can outline what will happen to the decedent’s possessions, such as whether they will be left to another person, an organization, or donated to charity. In addition, a will states who will become the guardian of any minor children.

Legal Guardianship of a Minor

Generally, only a parent of a child has the authority to make decisions about the child’s care. Sometimes, a parent is unable or chooses not to make decisions regarding his or her child’s care. In these situations, a person who is not the parent can become the legal guardian of the child. Legal guardianship permits an individual who is not the parent to make care decisions for a child, just like a parent would. This can include important matters such as the child’s healthcare, living situation, and education. For example, a minor cannot make decisions regarding his or her own medical care or treatment, only an adult can. The person with authority to make care decisions is called the child’s guardian, and he or she does not have to be a relative of the child.


One of the main reasons it is vital to include decisions about the guardianship of a minor in a will is when a parent dies. If no one is designated or appointed to have the responsibility of handling the child’s affairs, the court will determine who receives that authority. In cases where there is one surviving parent but he or she is incapable of raising the child, a guardian may be appointed to ensure the safety and well-being of the minor. Including this important issue in a will allows the person drafting it to be in control of who takes on this important responsibility. It is crucial to consider both short- and long-term factors of the child’s welfare, and who is best-suited for that role. Then, discussions between both parties should take place related to the specific wishes related to raising the minor. A Memorandum of Wishes can be drafted to address any and all concerns. This can also safeguard against relatives fighting over who should care for the child, which can cause great anxiety and emotional turmoil for the child as well as other family members. 

Contact a South Barrington Estate Planning Lawyer

Guardianship of a minor is especially important to ensure the well-being of that child. That is why it should be an essential part of your estate plan. Including this designation can help prevent arguments and disputes among family members in the event of your death. At Drost, Gilbert, Andrew & Apicella, LLC, we are ready to put our proven methods to work for you and your family. Our accomplished Schaumburg estate planning attorneys will help you draft an estate plan that includes guardianship of a minor if necessary. To arrange a free consultation, call our office today at 847-934-8000.


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.






Source:
https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=4001&ChapterID=61



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What Is Involved in Administering an Illinois Estate or Trust?

Web Admin - Thursday, October 22, 2020
Rolling Meadows estate and trust administration lawyerEstate planning involves outlining someone’s wishes regarding finances, property, and medical care in the event that he or she becomes incapacitated and is unable to make those decisions, or when he or she passes away. These essential and legally binding documents are often referred to as living trusts, and the person who creates it is called the “grantor.” This type of trust requires minimal maintenance during the grantor’s life. Upon the grantor’s death, however, the trust becomes irrevocable and certain legal actions must be taken to enforce it. While every trust and estate is unique depending on an individual’s situation and wishes, the trust administration includes certain actions by the party named to take care of it, called the “trustee.” Administering a trust avoids the expense of going through the probate process. In addition, it offers more privacy, because the case does not go to court and it is not available to the general public.

Steps for Administration


The trustee who is named in the trust document oversees the administration of the terms of the trust. The trustee is tasked with ensuring that the directives of the deceased person are followed. It is important to note that trustees are obligated to take care of any and all property under their control until said property is officially transferred to its beneficiaries.
Here are the main legal steps that are required when administering someone’s estate or trust in Illinois: 

- Apply for a tax identification number from the IRS for tax return purposes.

- Notify pertinent third parties of the death, including information on the trustee and tax consequences.

- File tax returns on the decedent’s behalf if applicable.

- Make decisions for the investment and disposition of assets.

- Pay federal and/or state estate tax if applicable.

- Pay the decedent’s debts and the trust’s administration costs.

- Create and fund any sub-trusts created per the terms of the original trust.

- Divide and distribute (or retain in trust) shares to any named beneficiaries.

- Communicate with the trust’s beneficiaries.

- Carry out any other relevant terms of the trust instrument.

Contact a Long Grove Estate Planning Lawyer


Planning for the future by creating a comprehensive estate plan can help safeguard against disputes between family members. If you were designated to administer an estate or trust in Illinois, it is crucial that you seek professional legal guidance before taking on this important endeavor. At Drost, Gilbert, Andrew & Apicella, LLC, we are prepared to put our proven methods to work for you. Our seasoned Kenilworth trust administration lawyers are well-versed in Illinois laws and how they may affect your case. Call our office today at 847-934-8000 to learn more by scheduling a free consultation.

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.



Source: 
https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=4001&ChapterID=61

How Is Exculpation of Trustees Addressed Under the New Illinois Trust Code?

Web Admin - Monday, December 30, 2019
Mount Prospect estate planning lawyer Illinois Trust CodeAs the new year begins, many trust owners (grantors) and trustees are familiarizing themselves with the Illinois Trust Code. As of January 1st, 2020, Illinois has adopted a new set of governing rules over trusts that will be linked to the Uniform Trust Code (UTC). This law involves many changes and updates to the rules surrounding trusts, and one area that has been affected is the modification of exculpation clauses. Moving forward, both grantors and trustees should consult a legal professional to either create, adjust, or better understand their trusts. 

What Does Exculpation of a Trustee Mean?


An exculpatory clause is a provision that can be added to a trust that would relieve a designated individual from responsibility for certain actions. Under the Illinois Trust Code, the exculpation of a trustee would relieve him or her of any liability for a breach of the trust. However, trust relieving will be unenforceable if it is determined that the exculpatory term:

- Absolves a trustee of liability that is committed with deceitful intentions or with carelessness to the purpose of the trust or the interests of the beneficiaries.
- Was inserted because of a trustee’s abuse of a legal or confidential relationship with the grantor. 

Unless the trustee can prove that the exculpatory term was justified under the current situation and that it was adequately communicated to the grantor, the term will be found invalid. For example, if a trustee purposefully acted in a way that was determined to be against the trust in an effort to benefit themselves, that trustee could be responsible for his or her actions.

What Is Changing?


Under previous Illinois law, a grantor of a trust was able to exonerate a trustee from personal liability by including an exculpatory clause into the trust. Although exculpatory clauses can still be used under the Illinois Trust Code, there is now a presumption that they will be found invalid if the trustee created or forced the clause to be added. In order to prove that an exculpatory clause is legitimate, a trust maker should be represented by a third-party counsel during the drafting of the trust.

Contact a Riverwoods Estate Planning Attorney


Due to the significant changes that have been implemented under the Illinois Trust Code, it is important for trust makers and trustees to understand the new policies. If you wish to add an exculpatory clause, or if there has been a breach in your trust, you should work with an attorney to determine your legal options. At Drost, Gilbert, Andrew & Apicella, LLC, our experienced Barrington trust lawyers can work with you to ensure your trust meets the requirements of Illinois law. For a free consultation, call our office today at 847-934-6000.

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.


Sources:
http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=4001&ChapterID=61

How Does the Illinois Trust Code Affect Trustees and Beneficiaries?

Web Admin - Wednesday, September 25, 2019
Long Grove estate planning lawyer Illinois Trust CodeMany people utilize trusts to protect and manage their assets and ensure that these assets are properly distributed to their beneficiaries either before or after their death. However, the laws regarding trusts are changing. Effective January 1st, 2020, the Illinois Trust Code (ITC) will be replacing the current Illinois Trusts and Trustees Act. The ITC is linked in certain ways to the Uniform Trust Code (UTC), which is an arrangement of laws designed to establish consistent trust laws between different states. Before the ITC is implemented, trust makers and trustees may need to review their current trusts and determine how the changes to the law may affect them. 

New Default and Mandatory Rules


When a person creates a trust, they place their assets in the control of a trustee, who will oversee the process of managing these assets and distributing them to the beneficiaries according to the terms defined in the trust. The ITC specifies a number of rules that must be followed regarding trusts. While a trust may provide a trustee and beneficiaries with certain rights, powers, duties, limitations, and immunities, the ITC states that:

- A trustee must act in good faith.
- The trust must be lawful and cannot violate public policy.
- A trust may nominate one or more people to serve as the designated representative of a qualified beneficiary, and this representative must act in good faith in the best interests of the beneficiary.
- A trust may not be enforced for more than 21 years.
- The court is granted the power to modify or terminate a trust.
- Spendthrift provisions can be authorized by the court.
- A person who is acting as an agent in a power of attorney must have express authorization in order to act on behalf of a trust settlor. 
- The court may adjust the compensation provided to a trustee if it is deemed to be too high or low.
- A trustee must notify each qualified beneficiary of the trust’s existence, the beneficiaries’ right to a copy of the trust, and whether the beneficiary can receive or request trust accountings. 
- A trustee must send an annual trust accounting to the current beneficiaries.
- A trustee must send a trust accounting to all of the beneficiaries upon the termination of a trust.
- If a trust contains terms waiving a trustee’s liability for breaching the terms of the trust, these terms may be unenforceable.

Contact a Schaumburg Estate Planning Lawyer


The ITC may have significant implications for currently-established trusts, as well as for trusts that are created in the future. Before the ITC is enacted, discussing your questions and concerns with an experienced Arlington Heights trusts attorney could help ensure that your rights as a trustee or beneficiary are protected. At Drost, Gilbert, Andrew & Apicella, LLC, we can help you address any legal issues related to trusts, or we can help you create a trust to protect your assets and distribute them to your beneficiaries. To further discuss your specific situation, contact our office today at 847-934-6000 for a free initial consultation.

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.


Sources:
http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=4001&ChapterID=61

What Should Be Included in a Living Will?

Web Admin - Thursday, August 15, 2019
Schaumburg living will lawyerWills are part of the estate planning process, an area of law that is sometimes underused or is not completed before emergency strikes. Generally, wills come into effect after a person passes. They outline how an individual’s estate and assets will be divided, who will carry out their last wishes, and who will take on the responsibility of caring for their minor children. Living wills are also meant to plan for emergencies, but they work in a different time frame and serve a different purpose.

Why Create a Living Will? 


Living wills are created to address what should happen in the case of a terminal illness or life-threatening injury. This type of will comes into effect when someone cannot make medical decisions for themselves, has a terminal condition, or is in a vegetative state. In other words, a living will is effective during a person’s lifetime, not afterward. Because such traumatic events are unpredictable, many individuals will formulate a living will which allows them to make decisions about the medical treatments they do or do not want to receive, and they can make these choices when they are still mentally and physically capable of doing so. These legal choices and directions are also known as advance medical directives, and they tell physicians and family members what to do in emergency situations.

What Can a Living Will Decide?


Living wills outline what type or level of care a person would like in the instance of medical emergencies. These options typically include:

- Use all treatments available to try and save their life;

- Try all treatments, but stop them if they do not work within a certain time period;

- Only utilize treatments that do not cause discomfort or pain; or

- Only provide care to help ease the pain, but no treatments that are intended to save or prolong the person’s life.

While almost every type of treatment can be addressed in a living will, there are a few specific treatments that are included in most living wills because they greatly impact a person’s quality of life. Individuals often decide whether or not they would like to allow tube feeding, life support, and/or cardiopulmonary resuscitation (CPR). Those who do not wish CPR to be used can also sign a Do Not Resuscitate (DNR) order and add this to their living will. This will ensure that no artificial means of resuscitation will be used, even if it would be necessary to live. A power of attorney is another legal document that can be tied to a living will. This grants a person the permission to carry out the legal decisions that they have outlined when they are unable to make these decisions for themselves.

Contact an Arlington Heights Attorney


Creating a living will should not be left for times when you are facing health difficulties. Instead, it should be done while you are physically and emotionally capable of doing so. Estate planning may seem like an area of law that should be left for the future, but medical emergencies can never be predicted. At Drost, Gilbert, Andrew & Apicella, LLC, our lawyers have experience with all areas of estate planning, and we can help you keep your present and future best interests a priority. If you are considering creating a living will, contact our Palatine, IL estate planning attorneys at 847-934-6000 to schedule a free consultation.

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.


Sources: 
https://www.investopedia.com/terms/l/livingwill.asp
https://www.drugs.com/cg/living-will.html
https://work.chron.com/power-attorney-do-9474.html

5 Tips For Non-Traditional Families When Creating an Estate Plan

Web Admin - Friday, June 28, 2019
Barrington estate planning lawyer same sex couplesToday’s families come in many forms. In fact, there are fewer “traditional” families than ever in which two opposite-sex parents are married for the first time and have children together. Since divorce is common, and couples often choose to live together and have children without getting married, many families include step-parents and step-children. In addition, the legalization of same-sex marriage has resulted in complex family arrangements involving biological children and adoptive children. Regardless of how a family is configured, it is important to plan for the future and ensure that all family members’ needs will be met. For non-traditional families, it is important to consider the following during the estate planning process:

1. Update your will - Your last will and testament specifies how you want your assets to be distributed to your heirs after your death and any other last wishes. You will want to be sure that your will addresses your partner, your children, your step-children, and any other family members.

2. Create a trust - In addition to your will, a trust can provide more control and flexibility for how you would like your assets to be distributed to your beneficiaries. A living trust can be changed or modified if necessary, and it can also be used to provide for your and your partner’s needs during your life.

3. Use power of attorney - While married spouses have the right to make decisions for each other, this is not always true for unmarried couples. A power of attorney agreement can be used to ensure that partners will be able to make medical or financial decisions for each other if one of them becomes incapacitated.

4. Consider a prenuptial or postnuptial agreement - When you get remarried, your new spouse will typically be entitled to receive half of your estate following your death. A prenup or postnup can ensure that certain assets will be set aside for any children you may have from a previous marriage or relationship.

5. Address plans for retirement - If you have any retirement funds saved in an account such as a 401(k) or IRA, you will want to be sure to name beneficiaries who will receive these funds following your death. You can name your spouse or partner as a beneficiary, as well as any children or step-children.

Contact a Kenilworth Estate Planning Attorney


When creating a comprehensive estate plan, you will want to be sure all of your family members will be provided for. Determining how to do so when you are in a non-traditional family can be a complex matter, and an experienced attorney can help you address issues involving same-sex partners, children from previous marriages, adoptive children, or other family members. Contact our Riverwoods estate planning lawyer today at 847-934-6000 to schedule a free consultation.

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.


Sources:
https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1773&context=sulr

What Types of Charitable Trusts Can I Use in My Estate Plan?

Web Admin - Friday, May 31, 2019
Kenilworth charitable trusts attorneyA trust is a legal agreement created by the owner of assets or property that designates an individual (a trustee) to manage the assets and distribute them to the beneficiaries named in the trust. Assets can be distributed either during the life of the person who creates the trust (known as the grantor) or after their death. In many cases, a grantor chooses to pass their assets to relatives or close friends; however, some may also wish to support a cause they believe in by naming a charity as a beneficiary. In these cases, charitable trusts can be used, and they typically fall into one of two categories: charitable lead trusts and charitable remainder trusts.

Charitable Lead Trusts


This type of charitable trust has a time limit tied to the funding that is provided to one or more charities. Once the time period ends, the rest of the assets are given to non-charitable beneficiaries. The process begins with an initial donation to fund the trust. Charitable lead trusts do not require a minimum or maximum charitable payment amount, and a grantor may prefer to make a cash contribution to be eligible for immediate tax deductions. The payments will then be sent to at least one charity of the grantor’s choosing. This must be done at least once a year for a specific number of years or for the remainder of the lifespan of the grantor. Once the trust’s term has ended, the rest of the funds are given to the beneficiaries chosen by the grantor.

Charitable Remainder Trusts


Many will choose charitable remainder trusts because they can provide regular income for the grantor or their beneficiaries in addition to donating assets to charity. This type of trust is almost the exact opposite of a lead trust, with assets being distributed to beneficiaries during the term of the trust, and any remaining assets being donated to charity after the grantor’s death. 

The first step in creating a charitable remainder trust is making a partially tax-deductible donation. This can include cash, stocks, real estate, or private business interests. During the term of the trust or the remainder of the grantor’s life, assets held in the trust may be distributed to beneficiaries, such as the grantor’s loved ones or even the grantor themselves. Beneficiaries can receive income only once per year or as frequently as every month. After the grantor’s death, the selected charity or charities will receive the remainder of the assets. 

Contact an Arlington Heights Charitable Trusts Lawyer


Estate planning is an extremely complicated process that requires extensive attention to detail. While charitable trusts can provide a number of benefits, it is important to ensure that the correct steps are followed when creating this type of trust. At Drost, Gilbert, Andrew & Apicella, LLC, we can help you determine which trusts will be best for you and your beneficiaries. Contact a Long Grove estate planning attorney at 847-934-6000 for a free consultation.

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.


Sources: 
https://www.fidelitycharitable.org/philanthropy/charitable-lead-trusts.shtml
https://www.fidelitycharitable.org/philanthropy/charitable-remainder-trusts.shtml 


Why Everyone Over Age 18 Should Have a Power of Attorney

Web Admin - Wednesday, April 24, 2019
Barrington power of attorney lawyerA power of attorney is one of the most basic, and yet most important, legal protections that every adult should have. A power of attorney (POA) is a legal document that gives another person the authority to act in your place when you cannot be physically present yourself or if you become incapacitated. There are two types of POA, for property and for healthcare. A power of attorney for property authorizes a designated person to handle your financial affairs, while a power of attorney for healthcare empowers your named representative to make medical decisions on your behalf. 

When Is the Right Time to Create a Power of Attorney?


Imagine that you are struck tomorrow by a catastrophic accident or sudden incapacitating illness. If you are married, your spouse should have access to your financial resources to pay for your medical care and the right to make medical decisions on your behalf. But consider what would happen if you are not married or if your spouse is incapacitated at the same time you are. Do you think your immediate family members would agree on who should take charge of your financial affairs and make medical decisions for you? Having a POA in place will head off disputes that could cause long-term rifts in a family.

Young adults often assume that their parents will be able to step in and handle everything in such an event. However, once you turn 18, your parents do not necessarily have the legal authority to access your medical records and bank accounts and to make healthcare and financial decisions on your behalf. 

Similarly, adults with aging parents may assume they can step in at any time and take over their parents’ affairs. However, why leave it to chance? Do you really want siblings fighting over who is going to take charge? Instead, encourage your aging relatives to sign powers of attorney while they are still competent to make that choice. The POA can be a first step toward creating a comprehensive will and estate plan.

What Does a Power of Attorney for Property Do?


You can create a very limited power of attorney document for a specific situation, such as authorizing your lawyer to handle a real estate closing for you when you cannot be present in person. More commonly, the purpose is much broader. A power of attorney document will specify a list of decisions that your designated representative can make on your behalf, such as selling your home; trading stocks, bonds, and other investments; collecting Social Security and other retirement benefits on your behalf; paying bills from your checking account; managing a trust account; and filing your tax returns.

What Does a Power of Attorney for Healthcare Do?


When you prepare a POA for healthcare, you can specify the powers that your designated representative will have and when those powers will take effect. The medical topics covered in a healthcare POA may include:

- Whether your POA will have full access to your medical records.

- Whether you want extraordinary measures taken to keep you alive as long as possible or instead wish to prioritize quality of life over length of life.

- In what type of circumstances you want life-sustaining treatment to be administered or withheld, or whether you would only like pain-relieving medication to be administered.

- Whether you want to be an organ donor upon your death.

- How you want your mortal remains handled upon your death, e.g., burial or cremation.


Consult a Schaumburg Power of Attorney Lawyer


An attorney can serve as a neutral third party when you need to convince an elderly relative to sign powers of attorney while they are still competent, particularly if you are assisting them with moving out of their home and into some type of assisted living facility. If you need a POA for yourself but are not sure what powers you want to grant your designated representative and when you want those powers to take effect, an experienced Palatine estate planning attorney can explain your options. Call Drost, Gilbert, Andrew & Apicella, LLC at 847-934-6000 to set up a free initial consultation.

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.


Sources:
http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2113&ChapterID=60
https://www.isba.org/ibj/2015/04/estateplannersadoptandadaptnewhcpoa

3 Reasons Why a Living Trust Is More Beneficial Than Just a Will

Web Admin - Wednesday, January 23, 2019
Des Plaines living trust lawyerIf you wish to leave a legacy to your children or other beneficiaries after your death, it is imperative that you have an estate plan that will ensure prompt and accurate distribution of your assets. Many people think that writing a will is the best way to do this. However, while a will is important, putting your assets into a revocable living trust can provide several additional benefits.

Avoid the Illinois Probate Process 


In order to distribute assets according to the terms of a will, the will must go through the probate process. This involves filing various court documents required by law to establish the value of each asset and to re-title each asset from the deceased’s name to the recipient’s name. This can be a long, drawn-out process.

Secure Adult Heirs’ Immediate Access to the Estate


One of probate’s most serious drawbacks is the freezing of assets. Specifically, any assets that are held solely in the name of the deceased are frozen upon their death. Imagine a married couple who amassed several large investment and retirement accounts and multiple pieces of real estate during their lifetime. Upon the death of both spouses, their children cannot touch any of the assets until a probate court judge approves the will and appoints a Personal Representative to handle the estate. Leaving large investment accounts without active management can be risky.

By comparison, imagine that all of the couple’s assets had been placed in a living trust, meaning that the assets are titled in the name of the trust rather than in the name of any individual. Upon the death of the trust-maker, their designated successor has immediate access to the assets of the trust.

Secure Assets for the Long-Term Benefit of the Family


Imagine our married couple has three children and has a will. Upon the death of both spouses and probate action, the assets of the estate must be divided amongst the named heirs. Assuming the estate is to be divided equally among the three children, the inherited assets are now at risk to creditors, bankruptcy, a lawsuit, or a divorce. 

Creditors. If the married couple had all of their assets in a trust, ownership of those assets can remain titled in the name of the trust indefinitely. Because the assets are not titled in the individual children’s names, the assets are protected from creditors, even if one child files for bankruptcy or gets divorced. The beneficiaries named in the trust will have access to the assets in accordance with the directions specified in the trust documents. 

Heirs with disabilities. Upon the death of the spouses, one child (or an objective third party such as a bank) could be named as the successor trustee with directions to manage the trust in a certain way. This approach can be used to ensure that the use of the assets is prioritized in some way, such as to meet the basic needs of a child or grandchild with a disability. Keeping the assets in the trust can also serve to protect the right of a disabled heir to receive needs-based government benefits.

Underage heirs. Keeping the trust open with a successor trustee can also be beneficial for heirs who have not yet reached adulthood. When a will leaves assets to a minor, the probate court must appoint a conservator to manage the minor’s assets. Once our fictional married couple has died, there is no telling who that conservator might be and what decisions they might make. In contrast, assets left in a trust can be managed according to specific directions written into the trust. Thus, the maker of the trust can dictate when and for what purposes a youthful (or even as-yet unborn) heir can access their inheritance.

Consult a Palatine Revocable Living Trust Lawyer


A well-thought-out living trust can give you greater peace of mind and benefit your heirs in the long run. To discuss options for writing or updating a living trust, call an experienced Schaumburg living trust attorney at Drost, Gilbert, Andrew & Apicella, LLC. We have prepared living trusts for many high-asset families with complex issues of inheritance. To set up a free initial consultation, call 847-934-6000.

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.


Sources:
https://www.isba.org/public/guide/livingtrust


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