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List of Forms
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Table of Contents
-
List of Forms by Chapter - Chapter 1 — Introduction
- Chapter 2 — Guardian’s Authority to Estate Plan
- Chapter 3 — Guardian’s Obligation to Estate Plan
- I. [3.1] In General
-
II. Adult with a Disability or Minor with Taxable Estate - III. [3.4] Adult with a Disability Expresses a Desire Regarding His or Her Estate
- IV. [3.5] Adult with a Disability Had a History of Regular Gifting to Persons or Charities Prior to Adjudication
- V. [3.6] Adult with a Disability Has Been Financially Exploited or Neglected by a Potential Heir, Legatee, or Future Fiduciary
- VI. [3.7] Adult with a Disability Has Numerous Assets with Different Beneficiary Designations That Complicate Guardianship Administration
- VII. [3.8] Adult with a Disability Has a Future Legatee or Heir with a Disability
- Chapter 4 — Initial Work: Prelude to Planning
- I. Estates of Adults with a Disability
- [4.1] Determination of Testamentary Capacity of an Adult with a Disability
- [4.2] Locating a Prior Plan (If Any) of an Adult with a Disability
- [4.3] Locating Heirs or Legatees Named Under a Will
- [4.4] Investigating Prior History of Making Gifts and Charitable Contributions and Charitable Intent of an Adult with a Disability
- [4.5] Establishing the Value of the Estate of an Adult with a Disability
- [4.6] Computing Potential Estate Tax
- [4.7] Assessing the Potential Life Expectancy of an Adult with a Disability
- [4.8] Assessing Ongoing Support and Care Expenses of an Adult with a Disability
- 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 — Sample Forms and Provisions
- I. Petition To Engage in Estate Planning
- II. [13.4] Letter re Testamentary Capacity
- III. [13.5] Doctor Letter re Life Expectancy
- IV. [13.6] Petition for Leave To Hire Heir Searcher
- V. [13.7] Petition for Leave To Hire Estate Planning Counsel
- VI. Will Provisions
- Person with a Disability
- [13.8] Declaration
- [13.9] Personal Effects Article
- [13.10] Residuary Estate Article
- [13.11] Signature Block and Affidavit of Witnesses
- Minor
- [13.12] Declaration
- [13.13] Personal Effects Article
- [13.14] Residuary Estate Article
- [13.15] Debts and Taxes Article — Payment of Debts and Taxes Provisions
- [13.16] Signature Block and Affidavit of Witnesses
- VII. [13.17] Codicil — Person with a Disability
- VIII. Revocable Trust Provisions
- Person with a Disability
- [13.18] Preamble
- [13.19] Statement of Intent and Rights of the Grantor Article
- [13.20] Successor Trustees Article
- [13.21] Residuary Distribution Article
- [13.22] Trustee Powers, Rights, and Duties Article
- [13.23] Signature Block
- Minor
- [13.24] Preamble
- [13.25] Statement of Intent and Rights of the Grantor Article
- [13.26] Appointment of Successor Trustees Article
- [13.27] Distribution of Personal Effects and Debts and Taxes Article
- [13.28] Residuary Distribution Article
- [13.29] Trustee Powers, Rights, and Duties Article
- [13.30] Signature Block
- IX. OBRA Payback Trust Provisions
- [13.31] Preamble
- [13.32] Statement of Intent, Beneficiary, Purpose, and Construction Article
- [13.33] Distribution Article
- [13.34] Payment of Expenses and Claims and Trust Distribution Article
- [13.35] Character of the Trust and Power To Reacquire Property Article
- [13.36] Distributions to Beneficiaries Article — Best-Interests Provisions
- [13.37] Trustee Powers, Rights, and Duties Article
- [13.38] Successor Trustees Article
- [13.39] Signature Block
- X. [13.40] Assignment of Personal Effects
- XI. Minor’s Gift Trust Provisions
- XII. [13.46] Custodial Claim
- XIII. [13.47] Petition for Coguardians’ Fees
- XIV. [13.48] Notice of Publication — Petition for Estate Planning To Deviate from Intestacy
- XV. [13.49] Draft Order for Uncontested Petition for Deviation from Intestacy
Authors
- Margot Gordon
Margot Gordon
Margot Gordon serves as Of Counsel at the Monahan Law Group, LLC, in Chicago, where she concentrates her practice in estate planning and administration. Ms. Gordon has repeatedly been recognized as an Illinois Super Lawyer and was named a Top Lawyer in estate planning by The Legal Network. She received her B.A. from the University of California-San Diego, a certificate in estate planning from an LL.M. program on tax from The John Marshall Law School, and her J.D. from the University of Chicago Law School.
Estate Planning in Illinois Guardianships 2019 Edition
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