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


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