DGAA bLAWg

What Is Included in an Illinois Living Trust?

Web Admin - Thursday, December 31, 2020

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

The Difference Between a Will and a Trust

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

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

The Benefits of a Living Trust

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

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

Contact a South Barrington Estate Planning Lawyer

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


About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.






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



.



Payment for Unauthorized Overtime

Web Admin - Friday, September 19, 2014

payment for unauthorized overtime, Palatine employment law attorneyThe law related to wage and hour violations is a complex legal area that touches virtually every employee. These laws lay out employees' rights with regard to things like when they may be paid, how much they must be paid, and the various overtime rules. The overtime rules are some of the most difficult, and can often lead to violations by employers, either knowingly or simply by virtue of not understanding their full complexity. Regardless of the reason for the violation, employees should be aware of their legal rights so that they can enforce them in case something goes wrong.

One of the most common issues that arises with overtime is the idea of “unauthorized overtime.” Many companies have a policy in place that requires employees to get supervisor permission before they work overtime, because overtime switches them to an increased hourly salary. However, this policy can cause confusion when an employee works unauthorized overtime. Some companies refuse to pay workers extra for unauthorized overtime work, but that refusal is a violation of federal law.

The Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) is the major piece of federal legislation governing things like overtime pay and wage and hour violations. For the purposes of the question about unauthorized overtime, the important section is 203(g), which defines the word employ. A company employs someone when it “suffer[s] or permit[s]” the person to work. Such a broad definition of the word employ means that even if the company has not authorized the overtime hours, they are still allowing the overtime work to happen. The fact that they allowed it at all means that the employee must be paid properly for their time, regardless of any company policy. However, employers are still allowed to take certain steps related to authorizing overtime.

What Employers May Do

Just because employers must pay their workers for unauthorized overtime does not mean that they are not allowed to have a system for approving overtime beforehand. Companies are allowed to decide whether they want their employees working extra time or would rather simply have the project completed at a later date. In fact, companies are even allowed to institute disciplinary procedures related to working overtime without the proper authorization. Yet, even with such procedures in place, if the employee still works overtime, they must be paid accordingly, even if they are also disciplined for violating the company policy related to unauthorized overtime.

Employees who have been the victim of wage and hour violations often feel powerless to stand up to their employers. If you believe that you are owed extra overtime pay, contact a skilled Illinois employment lawyer today. Our dedicated team can help provide you with the backup you need to enforce your legal rights as an employee. We assist clients in Palatine, Des Plaines, Buffalo Grove, and those throughout the suburban Chicagoland area.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Recent Posts


Tags

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

Archive