Article by Jeffrey R. Gottlieb Published in Illinois Bar Journal
The January 2015 edition of the Illinois Bar Journal features a lead article written and published by yours truly, entitled “A New Weapon Against Elder Abuse: Presumptively Void Transfers to Caregivers.” CLICK HERE FOR A PDF OF THE ARTICLE
The construct for the article began right here as a blog post on September 2, 2014, entitled New Illinois Law Questions Bequests to Non-Family Caregivers. I then expanded on the points and themes discussed in that post, and cited authorities in the footnotes.
In brief, the new law provides that testamentary transfer instruments (will, trust, beneficiary designation, etc.) in favor of a non-family ‘caregiver’ (paid or unpaid) in excess of $20,000 are presumptively void. The caregiver may then attempt to overcome the presumption by showing clear and convincing evidence that the instrument was not the product of fraud, duress or undue influence. The article describes the provisions and definitions in this brand-new ‘Presumptively Void Transfers’ probate law and explores important new estate planning procedures and consequences.
The Illinois Bar Journal is the statewide monthly magazine for Illinois lawyers from the Illinois State Bar Association (“ISBA”). The 33,000-member ISBA, with offices in Springfield and Chicago, provides professional services to Illinois lawyers, and education and services to the public through a website (illinoislawyerfinder.com), consumer brochures, and distribution of legal information.