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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. 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
- VI. [3.7] Disabled Adult Has Numerous Assets with Different Beneficiary Designations That Complicate Guardianship Administration
- VII. [3.8] Disabled Adult Has a Disabled Future Legatee or Heir
- 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 — Sample Forms and Provisions
- 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. Sample Will Provisions
- Disabled Adult
- [13.7] Declaration
- [13.8] Personal Effects Article
- [13.9] Residuary Estate Article
- [13.10] Signature Block and Affidavit of Witnesses
- Minor
- [13.11] Declaration
- [13.12] Personal Effects Article
- [13.13] Residuary Estate Article
- [13.14] Debts and Taxes Article Payment of Debts and Taxes Provisions
- [13.15] Signature Block and Affidavit of Witnesses
- VII. [13.16] Codicil — Disabled Adult
- VIII. Sample Revocable Trust Provisions
- [13.17] Preamble
- Disabled Adult
- [13.18] Statement of Intent and Rights of the Grantor Article
- [13.19] Successor Trustees Article
- [13.20] Residuary Distribution Article
- [13.21] Trustee Powers, Rights, and Duties Article
- [13.22] Signature Block
- Minor
- [13.23] Preamble
- [13.24] Statement of Intent and Rights of the Grantor Article
- [13.25] Appointment of Successor Trustees Article
- [13.26] Distribution of Personal Effects and Debts and Taxes Article
- [13.27] Residuary Distribution Article
- [13.28] Trustee Powers, Rights, and Duties Article
- [13.29] Signature Block
- IX. Sample OBRA Payback Trust Provisions
- [13.30] Preamble
- [13.31] Statement of Intent, Beneficiary, Purpose, and Construction Article
- [13.32] Successor Trustees 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] Powers, Rights, and Duties Article
- [13.38] Successor Trustees Article
- [13.39] Signature Block
- X. [13.40] Assignment of Personal Effects
- XI. Sample Minor’s Gift Trust Provisions
- XII. [13.46] Verified Custodial Claim
- XIII. [13.47] Verified Petition for Coguardians’ Fees
Authors
- 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 2015 EDITION)
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