Tag: estate planning
When Do You Have Grounds to Contest a Will in Illinois?
Posted on May 31, 2025

As most people know, a last will and testament is a legal document that outlines a person’s wishes concerning the disposition of their assets and the care of dependents after their passing. If properly executed, it can be a powerful way to ensure that their family is taken care of after their death. One significant drawback of wills for the testator — the person who makes the will — is that it must go through a court process called probate, where the will is officially proved. In probate, certain interested […]
How Can an Irrevocable Life Insurance Trust (ILIT) Protect Your Family’s Assets?
Posted on May 12, 2025

When you are crafting your estate plan, there are multiple tools that you can use to maximize your family’s wealth. One of those is an Irrevocable Life Insurance Trust (ILIT). Life insurance can be a powerful estate planning tool, and the ILIT offers many advantages that harness this power, including estate tax reductions, asset protection, and plenty of control over how your life insurance proceeds are distributed to beneficiaries. However, as with most factors in estate planning, it is important to be aware of how best to utilize this tool […]
8 Tips for Establishing a Foreign Trust
Posted on April 30, 2025

A trust is a key tool in the world of estate planning. Particularly for high-net-worth and global families, an attractive option to consider when planning how to handle family wealth is a foreign trust. And for good reason: trusts offer unparalleled flexibility and asset protection. They can be used as a way to diversify assets, ensure wealth is passed down thoughtfully and strategically, and guard against political and economic issues that may threaten assets. Foreign trusts can help protect and preserve a family’s wealth, and serve the needs of family […]
Integrating Family Governance Into High Net Worth Estate Planning
Posted on April 20, 2025

Large, multi-generational families often rely on traditional estate planning to meet their needs. For wealthy families, the most comprehensive estate planning strategies may be insufficient to truly ensure that the family’s wealth and success are protected through the generations. This is where family governance comes in, helping not only to preserve family wealth but also to cement a family legacy that is true to the family’s values. Family governance strengthens communication among family members, reducing disputes and making decision-making easier. An experienced Naperville, IL estate planning attorney can advise your […]
What Happens if a Parent Dies Without an Estate Plan?
Posted on December 31, 2024

Dealing with the loss of a parent is never easy. In addition to the emotions involved, you may need to sort out the status of your parent’s estate. Perhaps your parent’s death is your first experience with wills and estate laws, adding to the challenge. If your parent died without an estate plan, you may have questions about what will now happen to their assets and debts and how to handle all the financial loose ends. An experienced Naperville, IL estates and trusts attorney can advise you on the process […]
Why Make a Family Limited Partnership Part of an Estate Plan?
Posted on October 11, 2024

Illinois high net-worth families have unique interests to consider when setting up their estate plans to protect their assets for the future of their families. This is particularly important because Illinois is one of the few states that have passed a state estate tax. Estates in Illinois are also subject to the federal estate tax. An attorney who understands the complexities of structuring high-net worth Illinois estate plans may suggest the formation of a Family Limited Partnership (FLP) as part of an estate plan. What is a Family Limited Partnership […]
What Is the Amendment to the Probate Act of 1975? | IL
Posted on September 30, 2024

HB 1268 amends the Probate Act of 1975, providing that a person who has been convicted of a felony is qualified to act as an executor of an estate if: The bill’s sponsor stated during Senate debates that individuals who have committed a felony and served their time should be allowed to help their families. A person chosen to serve as an executor following incarceration for a felony must be at least 18 years of age and must not be unsound in mind or body. Another Senator argued against the […]
How Can You Benefit from a Grantor Retained Annuity Trust? | IL
Posted on September 6, 2024

Those who want to secure their financial future and legacy might consider a Grantor Retained Annuity Trust, abbreviated as a GRAT. This type of trust allows those with a certain level of assets to pass those assets on to their beneficiaries while significantly minimizing estate tax liabilities. A GRAT is an irrevocable trust, meaning once it is put into place, it cannot be altered or dissolved. Because of this, it is essential that you speak to an experienced Naperville, IL, estate planning attorney from Gierach Law Firm, who can help […]
How is a Special Needs Trust Created?
Posted on July 30, 2024

People with disabilities or other special needs often require financial assistance, which can come from multiple sources. Family members or other loved ones can provide much-needed support by assisting with expenses and in many cases, the best way to do so is through a special needs trust. This kind of trust helps ensure that a person with a disability will be able to receive financial support without jeopardizing eligibility for government benefits. An experienced attorney can help a disabled person, his or her family members, and other involved parties navigate […]
Should I Choose a Domestic or Offshore Asset Protection Trust?
Posted on June 26, 2024

If you own extensive or valuable assets, you will likely want to take steps to ensure that they are protected so that they can be used to address specific needs or passed on to your loved ones. While there are multiple options for asset protection, some of the best tools to use include asset protection trusts. These powerful legal tools are designed to shield your assets from creditors and potential lawsuits. However, understanding which type of asset protection trust to use may be a complicated matter. An experienced attorney can […]