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DuPage County estate planning attorneysHome health aides, private duty nurses, and other paid caregivers can make a tremendous impact on the lives of the elderly or disabled individuals in their care. From helping with medical needs to transporting patients to and from doctors’ appointments to simply providing companionship, these caregivers are a valuable source of support. For many people, these caregivers are more like family members than hired help. If you have a special, non-related caregiver who goes above and beyond to make your life better, you may be considering leaving him or her an inheritance. Special laws dictate rules regarding inheritance to non-related caregivers in Illinois, so it is important to discuss your inheritance plans with an estate planning attorney to make sure your wishes will be followed.

Illinois Law Regarding Inheritance Left to Non-Related Caregivers

Unfortunately, elder financial abuse is a major problem in Illinois and throughout the United States. Some caregivers will use deceit or psychological manipulation to influence an elderly or disabled person into changing their estate plans so the plans benefit the caregiver. Because of the prevalence of elder financial abuse, Illinois lawmakers recently amended the Illinois Probate Act of 1975 to include special rules regarding inheritances left to non-relative caregivers. According to the law, a property transfer of more than $20,000 is automatically presumed to be fraudulent during any challenges to a will or trust. This means that if you leave your caregiver property valued at more than $20,000 and someone disputes the validity of your will or trust in court, it is possible that your caregiver will not receive this inheritance.

What to Do If You Wish to Leave a Large Inheritance to a Non-Family Caregiver

You worked hard to accumulate the assets you own and you deserve to choose who those assets are passed down to upon your death. If you have decided that you would like to include your caregiver in your estate plans, speak to a lawyer. Your attorney will be able to help you transfer your property to the caregiver in a way that does not cause unnecessary legal problems in the future. Once you have made your estate plans, it may be a good idea to share these plans with your family. It is less likely that your plans will be contested if your surviving loved ones are not surprised by the contents of your will or other estate planning documents upon your death.

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Lombard estate planning attorneyAs you get older, your needs are going to change. Many people require more medical and personal care in their later years than they did when they were younger. If this happens to you, your loved ones and family members will probably be on board with helping as much as possible, but they might not be able or equipped to provide the level of care that you need. In such a situation, you might need to rely on an independent caregiver—someone that you are not related to or do not really know in any other capacity. While a caregiver might be a stranger at first, it is possible that you will become closer with him or her over time. Depending on the circumstances, your caregiver might do so much to help you that you even think about adding him or her as an heir in your will.

What the Law Says

Several years ago, lawmakers in Illinois updated the Illinois Probate Act of 1975 (755 ILC 5) to address inheritances left to non-related caregivers. The 2015 amendment addressed situations in which an estate planning instrument, including a will or trust, left more than $20,000 to a caregiver who was not related to the decedent. Under the amended law, a transfer of property greater than $20,000 is presumed to be fraudulent in the event that the transfer is subject to a challenge. The presumption of fraud will invalidate any instrument making the transfer.

The law, as it now stands, might seem harsh, but it was passed with good intentions. A caregiver often has virtually unrestricted access to a person whose health, age, or mental capacity might leave him or her especially vulnerable. A dishonest caregiver could fairly easily exercise undue influence over the person and convince him or her to write a new will or to add provisions that will benefit the caregiver. Family members and other would-be beneficiaries might not even know about the changes until after the person dies.

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Lombard estate planning attorneyWhen you hear or read the phrase “estate planning,” what comes to mind? If you are like most people, you probably think about wills or maybe trusts that are used to protect a person’s property and distribute it to the person’s heirs upon his or her death. While the protection and transfer of assets are certainly a major focus of estate planning, there are other elements that deal with the quality of a person’s life as he or she gets older. Unfortunately, many of these important subjects are uncomfortable or difficult for many people to talk about, leading to assumptions and misunderstandings that can create serious problems in the future.

Deciding on a Caregiver

Most of us are hesitant to consider a time when we are no longer able get by on our own. The reality, however, is that many of us will need someone to help us with the activities of daily living, especially as we get older. A large number of American adults assume that their children will step into the role of caregiver when the time comes. In fact, according to at least one survey, about three-fourths of parents expect at least one of their children to provide physical or financial help as they get older, and 60 percent of those parents expect to be their daughter.

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Lombard estate planning attorneyAs you age, it is not unreasonable for your needs to change. Depending on your physical and mental health, you may require more personal and medical care than you once did. While your family members and loved ones may be willing to help, they may not always be equipped or able to do so. In such cases, you may need to depend upon a caregiver with whom you have no family or personal relationship—at least at the beginning. Over time, you may become very close with your caregiver, possibly even close enough to consider including him or her in your will.

Legal Protections

In 2015, Illinois lawmakers amended to the Illinois Probate Act to provide additional protections for those who are under the care of non-family caregivers. The amendment created the presumption that any transfer of property exceeding $20,000 to an unrelated caregiver is fraudulent if the transfer is challenged. According to the law, the presumption of fraud would invalidate the will or trust making such a transfer.

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Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
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