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.

Five Advantages of Living Trusts Over Wills

Web Admin - Friday, January 03, 2014

By Jay Andrew
JAA@DGAALAW.COM / (847) 934-6000

When preparing for the disposition of their property after they pass on, many people often find themselves questioning what wills and living trusts are and which document would better suit their needs. Wills, governed by the Probate Act of 1975, are legal documents that a person prepares prior to their death, which specifies how the rest of the family should distribute their property and handle the other affairs. Living trusts, which are controlled by the Trusts and Trustees Act, are legal devices that allow a person of the creator’s choosing, the trustee, to handle the disposition of their property. While everyone’s situation comes with unique considerations, living trusts may provide various advantages over wills. Five of the most important advantages include:

1. Living trusts can help your family avoid dealing with long, draw-out probate proceedings. Courts use probate proceedings to tie up a person’s loose ends, distribute their property, and generally enact their will. If you use a living trust, rather than moving through the court system, the trustee can distribute the property in accordance with the trust. This means that your family will not need to bring themselves to the courthouse and deal with the fees and hassle that come along with probate proceedings.

2. Living trusts also provide more privacy than wills do. While both wills and living trusts remain private throughout your life, the probate court will look at the will after you pass on, even if there are no formal probate proceedings. That means that the will becomes a matter of public record. On the other hand, your relatives will not need to file the trust with the court, so it can stay between them.

3. Living trusts also stand a better chance of surviving a legal challenge after your death, making it more likely that your final plans will be enacted to your specifications. The extra strength from a living trust comes from your ability to keep an active eye on it during your life. Because you would stay involved with the trust’s management during your life, relatives would find it harder to prove that you were not of sound mind when making the plan.

4. Living trusts make leaving property to minor children simpler too. Because minors cannot own most property, the trustee whom you choose can manage it for them, whereas a court appointee would likely handle the management if you chose to pass the property on with a will.

5. Living trusts have further benefits in the event that you become incapacitated while alive. Ordinarily, such circumstances would require relatives to petition the court for control of your affairs, and then the court would appoint a person to manage them. With a living trust, you can appoint a successor trustee to take over management in the event that you become incapacitated.

Decisions about testamentary dispositions can be complicated and involve multiple areas of law. If you are in the process of making such decisions, contact a Palatine estate planning lawyer today. We serve many areas in the northwest suburbs including Arlington Heights, Crystal Lake and Barrington.

Recent Posts


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