Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

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Wednesday, September 3, 2014

New Illinois Probate Law Creates Presumption of Fraud

Anti-FraudIllinois has passed a new law that creates enhanced protection against elder financial abuse by non-family member caregivers. The new law creates a presumption in favor of voiding a transfer of property that is through a transfer instrument, such as a will, if the transfer is over $20,000. The law applies to transfers that are to someone defined by the statute as a “caregiver,” which excludes family members. The law will affect challenged transfers that are made through a transfer instrument that is executed on or after Jan. 1, 2015.

See Jeffrey R. Gottlieb, New Illinois Law Questions Bequests to Non-Family Caregivers, Illinois Estate Plan, Sept. 2, 2014.

http://lawprofessors.typepad.com/trusts_estates_prof/2014/09/new-illinois-probate-law-creates-presumption-of-fraud.html

Elder Law, Estate Administration, Estate Planning - Generally, New Legislation, Wills | Permalink

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