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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, where she focuses on estate planning and trust administration. She is a member of the Chicago Estate Planning Council. Ms. Gordon received her BA from the University of California-San Diego and her JD from the University of Chicago Law School.
Estate Planning in Illinois Guardianships (ARCHIVED 2009 EDITION & 2012 SUPPLEMENT)
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