DGAA bLAWg

What Is the "Prudent Investor Rule" in the Illinois Trust Code?

Web Admin - Thursday, January 23, 2020
Inverness estate planning attorney Illinois Trust CodeThe Illinois Trust Code (ITC) went into effect on January 1, 2020, replacing the former Illinois Trusts and Trustees Act and implementing a number of changes that affect trust makers, trustees, and beneficiaries. One notable adjustment is known as the “prudent investor rule,” and it affects a trustee’s ability to make investment decisions regarding the assets in a trust. Before any investment actions are taken by a trustee, it is important to review and understand the rights and responsibilities defined in the ITC.

Understanding the Prudent Investor Rule


Trustees are responsible for investing and managing the assets of a trust, and they have the duty to act prudently when making investments. This includes considering the purpose and terms of the trust, the distribution requirements, and other relevant information. Under the ITC, a trustee may also consider the environmental and social impact of investment decisions, as well as the governance policies of entities where assets are invested. Before making an investment, a trustee should consider:

- The economic conditions that may affect the investment
- The possibility of inflation or deflation
- The anticipated tax costs and consequences of the investment
- How a specific investment can affect the overall portfolio
- The anticipated total return
- The duty to sustain only feasible and suitable costs
- The need for liquidity, regular income, and preservation of capital

The ITC does allow a trustee to examine whether a trust asset has a relationship to the purpose of the trust, or to one or more of the beneficiaries, in order to help determine what to do with the asset. For example, if a trustee believes that real estate property held in a trust is of no value to the trust itself or the beneficiaries, he or she may suggest that the property be sold. A trustee is not eligible to become a beneficiary for the purpose of protecting his or her good faith in connection to the trust.

Contact a Mount Prospect Trust Attorney


The ITC has put a wide variety of rule changes in place. For trustees who manage the assets of a trust, it is imperative to understand how the prudent investor rule affects the decisions they make. To protect against liability or any other legal issues, all trust makers and trustees should seek legal counsel to determine how the ITC will affect them. At  Drost, Gilbert, Andrew & Apicella, LLC, our knowledgeable South Barrington estate planning lawyers can help you understand your rights and responsibilities and address any concerns you may have as a trust maker, trustee, or beneficiary. To schedule a free consultation, contact 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

What Is a Nonjudicial Settlement Agreement in Relation to the ITC?

Web Admin - Thursday, November 07, 2019
Riverwoods estate planning lawyer trustsA trust can provide a person with the ability to protect and manage their assets and distribute them to beneficiaries either before or after their death. When a person creates a trust, they will name a trustee who will be responsible for controlling and managing the property or assets held in the trust. These appointed agents are legally required by the Illinois Trust Code (ITC) to fulfill the duties authorized to them, such as distributing possessions or managing an estate. If disputes arise between a trust’s beneficiaries, a trustee, or any other interested persons, the parties may enter into a nonjudicial settlement agreement to modify the terms of the trust. Before any actions or alterations are enacted, it is important to speak to an experienced trust attorney.  

What Can Be Resolved By a Nonjudicial Settlement Agreement 


Under the ITC, a nonjudicial settlement agreement can address the following subjects:
- The lawfulness and clarification of the terms attached to a trust.
- Approval of a designated agent’s actions.
- The powers which can or cannot be exercised by a trustee, as long as they do not conflict with the purpose of the trust.
- Concerns relating to property held by the trust if the settlement does not conflict with the purpose of the trust.
- The act of removing or appointing a trustee, advisor, or any other delegated representative of financial or nonfinancial powers. This may also include choosing a new successor trustee. 
- The financial compensation that can be provided to a trustee.
- The transfer of a trust’s principal place of administration.
- Accountability of a designated agent for his or her actions relating to the trust.
- The actions taken to resolve disputes related to the administration of the trust, the distribution of assets, or other relevant issues.
- A modification of the terms that relate to the administration of the trust. 
- If a trust is severed into two or more trusts, determination of whether the aggregate interests of each beneficiary are equivalent to their interests before severance.
- The termination of a trust, which can only occur if a court finds that the continuance of the trust is not necessary to achieve the trust’s purpose.

Contact a Long Grove Trusts Attorney


Before the ITC is enacted on January 1st, 2020, it is critical for trust settlors, trustees, and beneficiaries to discuss any possible changes that may need to take place. In order to make sure that your rights are protected, you should work with an experienced attorney who understands the laws regarding trusts in Illinois. At Drost, Gilbert, Andrew & Apicella, our Kenilworth estate planning lawyers can provide clarification in your specific situation. To schedule a free consultation, contact 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

Using a Special Needs Trust to Assist a Disabled Family Member

Web Admin - Friday, August 10, 2018
Inverness estate planning trust attorneyPeople who have saved money or accumulated assets over the course of their lifetime will often want to pass these assets on to their loved ones, either before or after their death. This is especially true when family members have disabilities or other special needs. However, when providing financial assistance to these family members, it is important to make sure that doing so will not make them ineligible for the public benefits they need to meet their needs. An experienced estate planning attorney can help you protect your loved ones’ interests by establishing a special needs trust.

Benefits of a Special Needs Trust

People with mental or physical disabilities are usually able to receive government benefits such as Supplemental Security Income (SSI) or Medicaid. However, eligibility for these benefits is based on the income earned and assets owned by the recipient; in most cases, a recipient must own no more than $2,000 in assets, and there are also limits on the amount of income they can earn. This means that if a well-meaning family member gives them money or other assets, either through a direct gift or an inheritance, it may make them ineligible for the benefits they need. 

To avoid jeopardizing a disabled person’s ability to receive public benefits, their family members can use a special needs trust (sometimes called a supplemental needs trust). This is a type of irrevocable trust in which the assets will be placed under the control of a trustee, which could be another family member or a financial institution. The trustee will then ensure that the assets are used to provide for the beneficiary’s needs.

There are specific rules that must be followed in special needs trusts. For instance, the trust can only be used to pay for certain expenses related to the beneficiary’s care, such as the costs of medical equipment, caretakers, transportation, or educational expenses. Using funds from a trust to pay for food or housing may make a beneficiary ineligible for public aid. 

Contact a Schaumburg Trust Attorney

Since a disabled person will often need assistance throughout their entire life, it is important to ensure that trusts are set up in a way that will provide them with the resources they need for many years to come. An Arlington Heights estate planning lawyer at Drost, Gilbert, Andrew & Apicella, LLC can help you create a special needs trust that meets your loved one’s needs, and we can help you address any other estate planning needs, ensuring that you can provide for your family both before and after your death. Contact us at 847-934-6000 to arrange a personalized 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/s/special-needs-trust.asp
https://money.usnews.com/money/personal-finance/articles/2015/11/04/how-to-draw-up-a-special-needs-trust-for-a-child-with-disabilities
https://www.cnbc.com/2017/10/25/how-to-set-up-a-special-needs-trust.html

Two Important Benefits Provided By a Living Trust

Web Admin - Tuesday, August 07, 2018
Arlington Heights trust lawyerThe thought of planning for what should happen after one’s death is often too morbid for many people to want to consider. However, doing so is incredibly important, since you want to be sure that your wishes will be followed correctly and that your heirs will be able to receive the assets you plan to pass on to them with minimal complications. While you may think that the estate planning process begins and ends with the creation of a last will and testament, another tool that can be very powerful is a living trust. 

Trusts allow you to protect certain assets, placing them in the control of a trustee and passing them to your beneficiaries once certain requirements are met. With a living trust, you can serve as the trustee while you are still living and mentally competent, giving you control over your assets and allowing you to revoke or change the terms of the trust to meet your and your family’s needs. There are a number of benefits to using a living trust, but two of the primary advantages are:

1. Avoiding Probate

When a person dies, the executor of their estate will enter their will into probate court, which is a process that can be lengthy and expensive as the court reviews the will and approves the paying of debts and taxes and the passing of assets to beneficiaries. The will is entered into public court records, meaning that the family’s personal business is available to be viewed by anyone who wants to examine the court documents. 

A trust, on the other hand, does not have to go through the probate process. This will allow assets to be passed to beneficiaries much more quickly and with fewer complications, and it will also ensure that the details about the estate are kept private.

2. Planning for Illness or Incapacitation

In many cases, when a person becomes ill or incapacitated or is no longer able to manage their own affairs, a friend or family member is named as their legal guardian. Guardianship will often not only give a guardian control of a person’s health and personal care, but also their financial affairs. This type of situation is not ideal, but a living trust can help you avoid losing control of your finances by addressing how things should be handled if you are incapacitated. 

Your trust can specify what conditions should exist for you to be declared incapacitated or mentally incompetent, and it can name a successor trustee who will manage the trust in this situation. The trustee can ensure that you have the financial resources you need to provide for your own care, while preserving your assets to pass on to your beneficiaries after your death.

Contact a Palatine Estate Planning Attorney

If you want to know more about how to use a living trust to protect your assets and pass them to your heirs, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can answer your questions and work with you to create a comprehensive estate plan. Contact a Schaumburg living trust lawyer today at 847-934-6000 to schedule a personalized 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.thebalance.com/the-benefits-of-a-revocable-living-trust-vs-a-will-3505405
https://www.thebalance.com/pros-and-cons-of-revocable-living-trusts-3505384

Tax Considerations for 2016

Web Admin - Tuesday, January 26, 2016

tax considerations for 2016, Illinois Estate Planning AttorneyAs we head into 2016, there are various tax issues of which to be aware and are related to estate planning and real estate debt. These issues include an extension of an existing law, as well as new requirements for 2016.   

Consistent Basis Reporting  

Estate tax is a tax levied when a person transfers property upon his or her death. It is calculated by using the fair market value of everything the deceased person owns or has an interest in. The total value is called the “Gross Estate.” Certain deductions may be taken from the Gross Estate to arrive at the person’s “Taxable Estate.” Finally, the value of lifetime taxable gifts is added to the Taxable Estate and the tax is computed. Most estates do not require the filing of an estate tax return. However, for 2016, a filing is required for estates that have combined gross assets and prior taxable gifts that exceed $5,450,000.   

Under §6035 of the Internal Revenue Code (IRC), the executor of an estate who is required to file an estate tax return must provide to anyone who acquires an interest in the property of the decedent’s gross estate a statement that identifies the value of each interest in such property as reported on the estate tax return. This statement must also be filed with the IRS.   

The basis of certain property acquired from a decedent cannot exceed the value of the property as determined for federal estate tax purposes. If the value has not been determined, pursuant to the IRC, the basis ceiling is set at the value of the property as reported on the statement made under §6035. These new requirements are intended to help with ensuring there is consistent basis reporting between estates and beneficiaries receiving property from decedents. The statement required under §6035 is made on Form 8971, which must be filed at the earlier of either 30 days after the estate tax return under §6018 must be filed or 30 days after the estate tax return is actually filed.   

Real Estate Forgiveness   

Ordinarily, gross income includes income realized when a person with debt discharges that indebtedness. However, a provision under the Tax Relief Extension Act has been extended to 2016 by amending IRC §108. This provision allows individuals to exclude from gross income discharges of qualified principal residence debt. Qualified principal residence debt is acquisition debt incurred in connection with a taxpayer’s principal residence. This is typically indebtedness related to the purchase, construction, or substantial improvement of a principal residence where the debt is secured by the residence. It may also include refinancing indebtedness. 

This exclusion was extended because it is believed that people restructuring acquisition debt on their home, or who are losing their home due to foreclosure probably, do not have sufficient cash to pay taxes on the discharged debt in the event it were considered income. Additionally, the extension was considered necessary for individuals who entered into a discharge agreement while the exclusion was allowed, but that had not completed the discharge yet. By extending the exclusion into 2016, those agreements can still enjoy the advantage of exclusion. For more information related to any of these issues, please speak with an experienced Illinois estate planning attorney today. Our firm serves the communities of Inverness, Palatine, Schaumburg, Arlington Heights, Long Grove, Kenilworth, Barrington, South Barrington, Riverwoods, and Mount Prospect.  

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://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section6035&num=0&edition=prelim 

https://www.gpo.gov/fdsys/pkg/USCODE-2011-title26/html/USCODE-2011-title26-subtitleA-chap1-subchapB-partIII-sec108.htm


VA Benefits and the Transfer of Assets to an Irrevocable Trust

Web Admin - Friday, November 27, 2015

VA benefits and irrevocable trust, Illinois employment lawThe Department of Veterans Affairs (VA) provides our nation’s veterans with important benefits after they have been discharged from service. In order to qualify for those benefits, veterans must meet certain requirements. For some veterans, it may be necessary to transfer assets into an irrevocable trust to lower his or her net worth. 

Qualifying for Pension 

The Veterans Pension benefit is a tax-free, monetary benefit for low-income veterans. In order to qualify, the following requirements must be met: 

1. Veteran must be 65 years of age or older or permanently and totally disabled;

2. He or he must have been discharged under conditions other than dishonorable;

3. He or she must have served, which generally involves a minimum period of active duty service, one day of which was during wartime;

4. Net worth must not be considered too substantial; and

5. Countable family income must be below the yearly limit as set by law. 

Veterans who are concerned about their level of net worth may consider forming an irrevocable trust. By creating an irrevocable trust, net worth can be reduced in order to qualify for the Veterans Pension. The VA does not assess a penalty for transferring assets as long as that transfer occurs prior to filing a claim or notifying the VA of an intent to file a claim. The determination of net worth is subjective—the VA has discretion in determining whether a veteran’s assets are too large to qualify for the Veterans Pension. 

An irrevocable trust can be used to hold assets that are provided by a veteran in order to reduce net worth. Importantly, a veteran claiming benefits (as well as his or her spouse) cannot be an income or principal beneficiary of the trust established in order to obtain VA benefits. This is because the VA requires that the rights to property and income from that property be actually relinquished to be considered a reduction of net worth. 

A second issue relates to whether to form the trust as a grantor trust or a non-grantor trust. The VA compares income reported to it with Supplemental Security Income (SSI) and Internal Revenue Service (IRS) income records through a process called Income Verification Match (IVM). Due to the nature of a grantor trust, there may be a discrepancy between income reported to the VA and income that appears with IRS filings. 

Under a grantor trust, all items within the trust are taxed to the grantor on his or her personal income tax return. Ordinarily, the grantor is the person who funds the trust, which, in this case, is the veteran claiming benefits. The VA may assume that the tax reported on the veteran’s tax return is based on income of the veteran, which may lead to lower (or complete denial of) benefits. Therefore, a non-grantor trust, in which the trust is responsible for any tax, is likely more desirable, in an attempt to avoid this potential issue. 

Forming a Trust 

If you would like more information on the formation of a trust, reach out to a skilled Illinois estate planning attorney today. Our firm proudly helps individuals in the communities of Inverness, Schaumburg, Palatine, Arlington Heights, Kenilworth, Long Grove, Riverwoods, Barrington, South Barrington, and Mount Prospect. We look forward to hearing from you. 

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:
http://www.benefits.va.gov/pension/







Importance of Funding Your Living Trust

Web Admin - Friday, September 25, 2015

funding your living trust, Illinois estate planning attorney

The creation of living trusts in order to transfer property to beneficiaries is becoming increasingly popular. One of the major benefits of using a living trust is the avoidance of probate. However, if the maker of the trust (called the grantor) does not actually fund the trust with property or other assets, the grantor’s estate will likely have to go through probate. 

Living Trusts 

A revocable living trust is a form of estate planning that allows a grantor to determine who gets his or her property upon their death. A trust that is revocable can be altered, changed, or revoked during the life of the grantor. Upon the grantor’s death, the trust becomes irrevocable. After the trust becomes irrevocable, it cannot be changed and the trustee must follow the distribution plan made by the grantor. Alternatively, an irrevocable living trust is one that cannot be revoked once it is finalized. Both of these forms of trusts are called “living” trusts because they are formed during the life of the grantor. 

Living trusts provide the benefit of the avoidance of probate, which is a court process in which a determination is made as to how property is distributed upon the death of an individual. Probate, which is governed under Illinois law by the Probate Act of 1975, is often expensive and time-consuming. Additionally, it often means that property is not divided in accordance with how the deceased individual would have desired. 

In order to avoid probate, the grantor must correctly form the trust and fund the trust. A trust is formed through the creation of a written trust document that is signed by the creator of the trust and a notary public. The trust document must include a list of the property that is covered by the trust, name a trustee, and name the beneficiaries of the property included in the trust. 

The grantor must transfer the property that is to be covered by the trust into the trust. For most property, a trust is funded simply by including a list of covered property in the trust document. However, real estate must be retitled in the name of the trust in order to be correctly transferred. A trust that has not had assets properly transferred to it is called an unfunded living trust. 

Unfortunately, it is not uncommon for grantors to fail to fund their trust. This may occur when a grantor plans to get around to it in the future but never actually does it. Alternatively, a grantor may incorrectly believe that the creation of the trust document was sufficient. For example, in the case of real estate, the creation of the trust document is not enough due to the retitling rule. If a trust is not properly funded, the goals of the estate plan will not be achieved and the estate will have to go through probate. 

Help with Estate Planning 

Planning for what will happen to your property and assets is important for you and your loved ones. If you would like more information or help in forming a living trust, contact an experienced Illinois estate planning attorney today. Our firm proudly serves the communities of Inverness, Palatine, Schaumburg, Arlington Heights, Long Grove, Kenilworth, Riverwoods, Barrington, South Barrington, and Mount Prospect.

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:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2104&ChapterID=60


Duties of Trustees to Beneficiaries

Web Admin - Wednesday, July 30, 2014

long grove wills and trusts lawyerOne common legal instrument that people use to plan their estates is a trust. A trust is a legal entity involving at least three roles: a settlor, a trustee, and a beneficiary. The idea of the trust is that each of these three roles work together. The settlor creates the rules of the trust and provides it with property, and they designate the beneficiary. The beneficiary, like the name suggests, is the person for whom the trust is managed. They derive the benefit of any income or other gains from the trust.

However, between the settlor and the beneficiary lies the trustee. The trustee manages the assets of the trust and uses them in the best interests of the beneficiary as directed by the rules of the trust that the settlor created. This means that the trustee has a variety of duties that they need to fulfill. These trustee duties can be thought of as either substantive or procedural duties. This is not an official classification, and the lines can blur, but it is at least a helpful way to catalog the duties.

Substantive Duties

Substantive duties are those that require the trustee to behave in a certain way. The central example is the duty to administer the trust by the rules the settlor laid out. The trust document will contain a variety of provisions, and it is the trustee's duty to follow them. Another example of these substantive duties is the duty of skill and care. This means that the trustee must manage the trust's assets with reasonable skill and caution. Similarly, Illinois law also imposes a “prudent investor” duty on trustees.

This means that the trustee has the duty to act as a prudent investor of the trust's assets including things like developing a diversified portfolio and actively managing investments as necessary. Trustees working with multiple beneficiaries also have a further duty: that of loyalty and impartiality. The trustee may not favor one beneficiary over the other unless the trust instrument provides some reason for it.

Procedural and Ministerial Duties

Trustees also owe beneficiaries a variety of more procedural duties, which involve the proper formalities of managing the trust. For instance, the law governing trusts in Illinois requires trustees to give annual accountings of the trust's receipts, disbursements, and an inventory of the estate. Trustees also often have duties to provide notice of certain actions such as changes in the trusteeship. This may also include a requirement that the trustee provide the beneficiaries with a copy of the trust instrument for their records.

These are just some of the many duties that trustees owe the beneficiaries of their trust. If you would like more information on the legal ramifications of managing a trust, contact an experienced Illinois estate planning attorney today. Our firm advises clients in many northwest suburban towns like Long Grove, Kenilworth, and South Barrington.

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.

5 Benefits to Using an Institutional Trustee

Web Admin - Tuesday, April 08, 2014

illinois trusts and estate planning attorneyTrusts are versatile, useful legal instruments that allow the grantor (the person who sets up the trust) to set aside certain money or other assets for the use of another person (the beneficiary). However, the beneficiary does not have direct access to the assets. Instead, the trust is managed by a trustee whose job it is to control the assets and use them in the beneficiary’s best interest. This makes choosing the trustee one of the most important parts of setting up a trust.

Although most individuals can serve as a trustee, Illinois law also allows for the use of an “institutional trustee.” Institutional trustees are companies, often banks, who professionally manage the trust’s assets. These companies usually do charge a fee for the services, but the companies come with several benefits:

  • - They are skilled at managing trusts;
  • - They have the ability to handle complex paperwork and recordkeeping;
  • - They provide continuity to the management of the trust;
  • - They operate free of bias; and
  • - They are regulated to prevent fraud.

Reasons to Use an Institutional Trustee

  1. 1. Experienced Administrators: Institutional trustees have experience managing trusts. This allows them to easily navigate the legal requirements for trustees. Furthermore, many trustees are responsible for investing the trust’s assets. Banks and other institutional trustees are often professional investors who will be able to handle the task better than friends or family.

  1. 2. Strong Recordkeeping: Trusts also have fairly extensive recordkeeping requirements to prevent fraud on the part of the trustee. Institutional trustees have the infrastructure in place to make sure that important documents, like tax returns, are filed on time and do not get misplaced. Furthermore, the use of an institutional trustee prevents this complex work from being pushed onto a friend or family member.

  1. 3. Management Continuity: The corporate nature of institutional trustees also allows for continuity in the trust’s management. Trusts can last for decades and decades. An individual trustee may not be physically or mentally capable of managing a trust for its entire duration. Conversely, institutional trustees have the ability to smoothly transfer trust administration from one employee to the next, allowing for steady management of the assets.

  1. 4. Unbiased Distribution: Additionally, institutional trustees can eliminate the possibility of bias that might exist with trustees who are friends or family. The company would not have any prior history with particular beneficiaries that might interfere with the fair and evenhanded use of the trust’s assets.

  1. 5. Fraud Protection: Finally, institutional trustees have fraud prevention mechanisms in place. Although everyone would like to think that their friends or family members are above reproach, cases of theft on the part of the trustee do happen. Many institutional trustees are subject to government regulation and auditing requirements that can reduce the risk of fraud on their parts.

If you are interested in setting up a trust, consult with an Illinois estate planning lawyer to tailor one to your specific situation. Our attorneys lend their experience to clients across the northwest suburban area, including in Long Grove, Riverwoods, and Kenilworth.

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.

The Dynasty Trust: A New Method of Creating an Inheritance

Web Admin - Thursday, March 20, 2014

illinois trusts estate planning attorneyDynasty trusts are a new type of trust that can be used to minimize the burden of certain taxes that the government levies on inheritance by holding the inheritance in a trust for many generations. These trusts have become more popular in recent years as states have begun to relax or abolish a legal doctrine known as the rule against perpetuities. The rule is a complex legal doctrine that limited the length of trusts and other legal instruments to only lasting a certain period of time, usually about two or three generations, depending on a variety of factors. Now that the rule is being relaxed, it has made dynasty trusts a more viable option.

What is a Dynasty Trust?

Simply put, a dynasty trust is a trust that holds assets from which future generations will benefit. This has important tax consequences because assets placed into a dynasty trust are subject to the federal estate/gift tax only once. This means that the assets can flow down to further generations without future estate taxes. For instance, if a person left $10,000,000 to their child without using a trust, this would exceed the gift/estate tax exemption, so it would be subject to the tax. Then, if that inheritance appreciated in value and the child passed it on to a grandchild, it would be subject to another round of taxes. If, instead of simply passing the money down in the first place, the person had placed it into a dynasty trust, then the original $10,000,000 would be taxed at that point, but it the appreciated amount would not be subject to another estate tax when it went to the grandchild.

Another benefit of the dynasty trust is that it can help reduce the effects of the generation skipping transfer tax (GST). The GST exists because people used to leave money directly to their grandchildren in an effort to avoid the double estate tax of the previous example. The GST can take as much as 55 percent of the money passed down to grandchildren in excess of $1,000,000. If the dynasty trust is created using that $1,000,000 dollar exemption, then it can sizably reduce the burden of transfer taxes on future generations.

This means that the dynasty trust can be a very useful estate planning tool for people with large families, or those who have enough assets that the estate tax and GST are serious concerns. Additionally, dynasty trusts are also useful for people who would like to have some say as to how their money is spent after their deaths because dynasty trusts can sometimes be used to control such things.

If you believe that your estate planning could benefit from the use of a dynasty trust, contact a Long Grove estate planning attorney today. Our firm helps handle tax planning issues for clients across the northwest suburbs, including towns like Riverwoods, Barrington, and Kenilworth.

About the Author: Attorney Jay Andrew is 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

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

Archive