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Estate Planning in Illinois Guardianships 2019 Edition

This essential resource highlights the issues that practitioners who represent guardians must consider before embarking on any estate planning on behalf of an adult with a disability or a minor.

Guardians of adults with a disability and of minors are often dealing with wards that have limited testamentary capacity and reduced comprehension of complex financial matters. They may also be incapable of engaging in long-term planning or be at risk for exploitation by potential heirs or legatees. This is your guide through the thorny issues guardians face in protecting their wards, including managing resources and expenses to maintain the wards’ financial stability; minimizing estate taxes; drafting estate plan documents, including wills, codicils, and trusts; fixing problems in a will or trust; and postmortem planning. Editable forms include a petition to engage in estate planning and will and revocable trust provisions for both an adult with a disability and a minor, petitions to hire an heir searcher and to hire estate planning counsel, OBRA payback trust provisions, a petition for coguardians’ fees, and more.

Author: Margot Gordon, Of Counsel, Monahan Law Group, LLC, Chicago

Chapter 1 — Introduction

Chapter 2 — Guardian’s Authority to Estate Plan

Chapter 3 — Guardian’s Obligation to Estate Plan

Chapter 4 — Initial Work: Prelude to Planning

Chapter 5 — General Requirements for the Petition to the Court

Chapter 6 — Hearing on the Petition

Chapter 7 — Gifting

Chapter 8 — Estate Plan Documents

Chapter 9 — Planning Strategies

Chapter 10 — Related Considerations

Chapter 11 — Postmortem Planning

Chapter 12 — Will Contests in Guardianship Proceedings

Chapter 13 — Sample Forms and Provisions

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Guardians of adults with a disability and of minors are often dealing with wards that have limited testamentary capacity and reduced comprehension of complex financial matters. They may also be incapable of engaging in long-term planning or be at risk for exploitation by potential heirs or legatees. This is your guide through the thorny issues guardians face in protecting their wards, including managing resources and expenses to maintain the wards’ financial stability; minimizing estate taxes; drafting estate plan documents, including wills, codicils, and trusts; fixing problems in a will or trust; and postmortem planning. Editable forms include a petition to engage in estate planning and will and revocable trust provisions for both an adult with a disability and a minor, petitions to hire an heir searcher and to hire estate planning counsel, OBRA payback trust provisions, a petition for coguardians’ fees, and more.

Author: Margot Gordon, Of Counsel, Monahan Law Group, LLC, Chicago

Chapter 1 — Introduction

Chapter 2 — Guardian’s Authority to Estate Plan

Chapter 3 — Guardian’s Obligation to Estate Plan

Chapter 4 — Initial Work: Prelude to Planning

Chapter 5 — General Requirements for the Petition to the Court

Chapter 6 — Hearing on the Petition

Chapter 7 — Gifting

Chapter 8 — Estate Plan Documents

Chapter 9 — Planning Strategies

Chapter 10 — Related Considerations

Chapter 11 — Postmortem Planning

Chapter 12 — Will Contests in Guardianship Proceedings

Chapter 13 — Sample Forms and Provisions

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