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Chapter 1 — Introduction - Chapter 2 — Guardian’s Authority to Estate Plan
- Chapter 3 — Guardian’s Obligation to Estate Plan
- I. [3.1] In General
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II. Disabled Adult or Minor with Taxable Estate - III. [3.4] Disabled Adult Expresses a Desire Regarding His or Her Estate
- IV. [3.5] Disabled Adult Had a History of Regular Gifting to Persons or Charities Prior to Adjudication
- V. [3.6] Disabled Adult Has Been Financially Exploited or Neglected by a Potential Heir, Legatee, or Future Fiduciary
- Chapter 4 — Initial Work: Prelude to Planning
- I. Estates of Disabled Adults
- [4.1] Determination of Disabled Adult’s Testamentary Capacity
- [4.2] Locating Disabled Adult’s Prior Plan, if Any
- [4.3] Locating Heirs or Legatees Named Under a Will
- [4.4] Investigating Disabled Adult’s Prior History of Making Gifts and Charitable Contributions and Charitable Intent
- [4.5] Establishing Value of Disabled Adult’s Estate
- [4.6] Computing Potential Estate Tax
- [4.7] Assessing Disabled Adult’s Potential Life Expectancy
- [4.8] Assessing Disabled Adult’s Ongoing Support and Care Expenses
- II. [4.9] Estates of Minors
- 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 — Forms
- I. Verified Petition To Engage in Estate Planning
- II. [13.3] Letter re Testamentary Capacity
- III. [13.4] Doctor Letter re Life Expectancy
- IV. [13.5] Petition To Hire Heir Searcher
- V. [13.6] Petition for Leave To Hire Estate Planning Counsel
- VI. Abridged Will
- VII. [13.9] Codicil — Disabled Adult
- VIII. Abridged Revocable Trust
- IX. [13.12] Abridged OBRA Payback Trust
- X. [13.13] Assignment of Personal Effects
- XI. [13.14] Abridged Minor’s Gift Trust
- XII. [13.15] Verified Custodial Claim
- XIII. [13.16] Verified Petition for Co-Guardians’ Fees
- List of Forms
- Table of Cases
- Index
- James R. Carey
James R. Carey
James R. Carey is a Partner at Levin Schreder & Carey, Ltd., in Chicago, where he focuses on trust and estate litigation. He is a member of the American Bar Association’s Real Property, Trust and Estate Law Section, where he is a former Chair of the Probate and Trust Litigation Committee, and a former Chair of the Chicago Bar Association’s Probate Practice Committee. Mr. Carey received his B.A. from Marquette University and his J.D. from Loyola University Chicago School of Law.
- Margot Gordon
Margot Gordon
Margot Gordon is Of Counsel to the Monahan Law Group, LLC, in Chicago, a law firm focused on guardianship, estate planning, elder law, and mental health and disability law, where she concentrates her practice in estate planning and guardianship. Ms. Gordon has extensive experience handling the full range of estate planning matters for both high-net-worth and smaller clients, including planning for business succession, special needs, and charitable purposes; and handling trust and estate administration. She also routinely represents corporate and individual trustees, trust beneficiaries, guardians, and agents. Ms. Gordon was the first attorney to obtain authority to engage in estate planning in a minor’s guardianship matter in Cook County. Prior to entering private practice, she was a staff attorney at the Cook County Public Guardian’s Office, where she represented abused and neglected children, handled appeals in both state and federal appellate court, and represented the Public Guardian in matters involving adults with a disability. She has written predominantly on issues related to estate planning in guardianship matters for IICLE®, the CBA Record, the Illinois Bar Journal, and Illinois Bar Section Newsletters. She is also a member of the Chicago Estate Planning Council. Ms. Gordon received her B.A. from the University of California — San Diego and her J.D. from the University of Chicago Law School.
Estate Planning in Illinois Guardianships (ARCHIVED 2009 EDITION & 2012 SUPPLEMENT)
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