DGAA bLAWg

New Illinois Law Affects Gifts to Caregivers

Web Admin - Thursday, November 13, 2014

Illinois caregiver probate, Schaumburg probate lawyerDrafting a will is an important step towards ensuring that a person's final wishes can be accurately carried out. However, there have been recent cases of elderly testators succumbing to the undue influence of caregivers or other people close to them, and altering their wills in ways that they would not ordinarily want to. In order to better protect the interests of people drafting wills and other documents to memorialize their last wishes, Illinois has passed a new law that alters the way that courts treat gifts to caregivers if someone contests the validity of the document.

Presumptively Void Transfers

In the event that someone legally challenges a bequest to a caregiver of more than $20,000, the court will apply a “rebuttable presumption” that the transfer is void. A void transfer would not go through and would instead be redistributed under other provisions of estate law. However, not all large gifts to caregivers would be void under the law. The law instructs the court to use a rebuttable presumption, which means that the caregiver is allowed to argue that the transfer was valid and should go through normally.

What the presumption does, essentially, is forces the caregiver to fight an uphill battle if he or she wants to claim the money. The caregiver would need to show by “clear and convincing evidence,” a higher than normal standard, “that the transfer was not the product of fraud, duress, or undue influence.” The caregiver also has another option to demonstrate the validity of the will. If the caregiver can show that the gift's size is no greater than it would have been before he or she became the caregiver, then he or she can overcome the presumption.

When the Law Applies

The law contains a variety of cutouts and definitions that make it more clear when the law does or does not apply. For instance, the law provides an exception for family members who act as caregivers. They will not have to face the presumption of voidness, though they do still need to deal with ordinary issues of fraud and duress. The law also sets out a definition of the types of documents that the rule applies to, which the law refers to as transfer instruments. According to the law, a transfer instrument is a document designed to cause a transfer of assets on or after the date of the transferor's death. These instruments can be wills, trusts, or contracts, among a variety of other types of legal documents.

If you believe that a family member's will was improperly tampered with by a caregiver, seek the help of a dedicated Schaumburg, Illinois probate attorney today. Our firm can help you learn about the options you have to make sure that your family member's final wishes are carried out properly. We assist clients in Inverness, Palatine, Arlington Heights, and throughout the Chicagoland suburbs.

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.


Recent Posts


Tags

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

Archive