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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 Has 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 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 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 2023 Edition
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