Estate tax laws were overhauled by the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (“Improvement Act”), by IRS proposed regulation § 2801, and by a series of cases which addressed estate planning issues. These recent developments, while not expansive, could significantly impact some estate and individual tax returns. Furthermore, Congress expanded the number of tax…
Valuable estates can easily become war zones. The desire for land, possessions, or other assets can quickly sever family ties. Estates are typically distributed per the wishes of the deceased. But not always. There are cases when a court determines legitimate grounds exist to question a will’s validity. These contests, however, can trigger the beginning of a never-ending, bitter…
Property that is not settled with a will or trust must either pass automatically to the heirs or be devised through probate. Probate is a legal process through which a will is accepted (or “probated”), or assets are devised to beneficiaries. Probate allows potential beneficiaries to submit claims to a person’s estate. Wills that are not contested avoid probate;…
When an Illinois resident dies without establishing a will, the State of Illinois will provide an “estate plan” for the deceased. Unfortunately, the state’s plan for asset distribution may not always coincide with the wishes of the deceased. When a will or other estate planning documents are absent upon an individual’s death, it is referred to as the person…
Bankruptcy to relieve debt is an option for many senior citizens on a fixed income. However, bankruptcy may not make sense in every situation. Bankruptcy lawyers can help senior citizens considering bankruptcy determine the best course of action.
Living wills, advanced directives and health care powers of attorney are all estate-planning documents that allow people to control their end-of-life treatment and who will be able to make medical decisions for them. When people near death, they may be unable to tell their medical team what kinds of care that they would like to receive. End-of-life care is…
A Traditional IRA creates several complicated questions for beneficiaries, many of which have severe tax implications. In Illinois, beneficiaries have three options for inherited Traditional IRAs.
An individual works hard to accumulate assets and build their net worth. Over a lifetime, assets such as real estate, businesses, art work, investment accounts, and cash savings can grow into a sizable sum. An estate plan helps shield these assets from taxes and ne’er-do-wells eager to get their hands on them.
In recent years, advances in technology has enabled Americans to maintain digital files and copies of documents almost effortlessly. While the temptation to do away with paper copies of important documents in an effort to clear away clutter and become better organized is strong, when it comes to estate planning documents, copies may not be legally sufficient. Although backing…
When most people think of estate planning, they think of older people, or individuals who are extremely wealthy. They very rarely think about estate planning for younger, more ordinary individuals unless the person leads a very risky lifestyle or there is a serious illness involved. Unfortunately, the misconception that only the old, rich, or sick need an estate plan…
