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.


Why Do I Need a Living Trust? Won't My Simple Will Work Just the Same?

Web Admin - Friday, May 20, 2016

Why I Need a Living Trust, Illinois Estate Planning Attorneys When people begin the process of estate planning, they often have several questions about what course of action would be in their best interest, or in the best interests of their surviving family members and loved ones. One frequently asked question asks what the difference is between a simple will and a living trust. 

Is one option a better choice than the other? 

The answer really depends on your particular situation. However, for most typical family situations, a good choice is to use a living trust to transfer your property upon your death. 

When you prepare a will as your sole means of transferring your property upon your death, your will must go through the probate court, which can be complicated and your surviving family members could end up fighting over your will once you are gone. However, using a revocable living trust, which you can prepare while you are still alive, can help your family avoid probate after you pass on. Individuals who are looking to exercise more control over their property may find that a living trust is a useful estate planning tool. One of the estate planning attorneys at our firm can help you prepare a declaration of trust at your convenience.

Five Advantages to Using a Living Trust Over a Will

Below are examples of the advantages of using a living trust over a will. 

1. Property transferred through a living trust will not go through probate. Probate is a long, tedious, and costly process before the probate court where the validity of the will is demonstrated, all debts held by the decedent are paid off, and then the remaining property is distributed to the family members. The more complicated the decedent’s estate is upon his or her death, the more complicated and drawn out probate can be. 

2. Out-of-state property transferred through a living trust can avoid ancillary probate. When property is located out of state, instead of having to go through probate in each state, a living trust can allow for the property of out-of-state property without ancillary, or out-of-state probate. 

3. Getting the opportunity to manage your property during your lifetime. By being the settlor of your own living trust, you retain control over the trust until you decide that you want to hand over the reigns or you die. 

4. Living trusts remain confidential, wills are not. Since probate is a legal proceeding, if your will goes through probate, your will becomes part of the probate court records, which are made available for public inspection.  

5. The successor trustee is able to take over once the principal is disabled which is a huge advantage. The “seamless” transition of control over the trust and the trust corpus upon the disability of the grantor is a huge advantage of the trust over the will.

Getting Legal Help with Living Trusts

If you think that a living trust might be the best estate planning tool for you, please feel free to contact one of our experienced Illinois estate planning attorneys today. Our law firm serves the communities of Crystal Lake, Palatine, Des Plaines, Mount Prospect, Long Grove, Kenilworth, Riverwoods, Buffalo Grove, Barrington, and Arlington Heights. Call 847-934-6000 to speak to a member of our team.

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.


Estate Tax Changes: Is it Time to Revisit Your Living Trust?

Web Admin - Friday, October 11, 2013

The American Taxpayer Relief Act of 2012 (ATRA) introduced “portability” as a permanent law which has many Illinois residents asking about the need for customary trusts. Portability allows a transfer up to $5.25 million in federal tax exceptions to surviving spouses. Previously, a married couple could only make the best use of both spouses’ exception amounts by dividing asset ownership and establishing a credit shelter trust (or an A/B living trust) that initiates after one spouse is deceased. Accordingly, a married couple can pass on $10.5 million to their heirs free from federal estate taxes.

If you have an existing A/B trust plan drafted prior to the estate tax law changes it is most likely based on the Federal Estate Exemption amount, which when it was $650,000, probably worked for a “mid-sized” estate. Now that the exemption is $5.25 million, people need to revisit the funding/formula clause of their A/B trust plan so that there is money present for a surviving spouse. Using portability rules at the federal level can allow a surviving spouse to live off the estate without necessarily the need for A/B planning depending on the size of the estate.

Additionally, a deceased spouse’s estate will not be taxable if less than $5.25 million. A surviving spouse will be required to fill out an IRS Form 706. The United States Estate (and Generation-Skipping Transfer) Tax Return will allow the surviving spouse to use the deceased spouse’s tax exemption or it will be lost. This exception is not transferable, but an A/B living trust can take advantage of the exemption amounts for potential transfers to grandchildren.

Though portability simplifies federal estate planning, but not Illinois Estate Tax, the need for traditional trusts is still apparent with the use of a credit shelter trust. There is potential to lose a deceased spouse’s unused exceptions if the surviving spouse remarries. A credit shelter trust with a new spouse can be used to protect this exception before remarriage. Prior to a remarriage, a credit shelter trust may provide asset protection and secure inheritances for children of former marriages and save assets from an heir’s creditors.

Inflation can also effect an exception amount because the portability law is fixed, but again a credit shelter trust can offer a safeguard. Finally, a living trust can avoid the costs and delays of probate that can cause family grief after a family death.

Since portability is here to stay, now would be a good time to revisit your living trust to determine how the portability law effects inheritance distribution. Contact an Illinois estate planning attorney to make sure your assets are accurately dispersed as you intend.

Recent Posts


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