MAKING LIFE AND DEATH JUST A LITTLE BIT EASIER
You have spent your life being there for your family and want the best for them. Yet so many people make it so much harder on their families and themselves by failing to adequately plan for their senior years and death. Failing to plan for death will not prevent it. Spare your family from additional heartache and strain by planning now. Make things easier on everyone. Dealing with health issues and the death of a loved one will never be easy. But we can alleviate just a little bit of the stress with the appropriate planning.
Planning for Life
You’ve made your own decisions your whole life. Don’t leave life and death decisions to someone else. We can draft an advance directive so that YOU can make medical decisions now for when you are unable to do so later. We can also draft powers of attorney for property and for health care. A power of attorney allows YOU to appoint who will be making financial and health care decisions on your behalf if you become incapacitated. Don’t leave crucial financial and medical decisions to chance or to a stranger. Make sure that someone you trust has the authority to take care of your finances and medical care when you no longer can. Don’t wait until it is too late. Do it now.
KG&G attorneys can also help with Medicaid planning, so that if you require long-term care, some of your life-savings can be preserved for your family, instead of used up for your care.
Planning for Death
Having an appropriate estate plan can ensure that your assets are distributed according to your wishes after your death, while at the same time minimizing costs, and making it easier for your loved ones. Making your wishes clear will also minimize disagreements among those left behind. Sometimes a simple will is all you need. Sometimes a revocable trust is better for your circumstances. If you have a disabled child, you may need a special needs trust. Irrevocable trusts, land trusts, and limited liability companies may also be useful tools in reaching your objectives. Whatever your circumstances, we can help you choose the best plan to meet your goals, so that you can rest easy and enjoy your retirement, confident that your wishes will be honored and everything will be just a little bit easier for your loved ones after you are gone.
Sometimes things change. When circumstances change, whether there is a change in the law or a change in your relationships, you may want to revise your plan. We are available to review an estate plan previously in place and to make changes to ensure that your current intent for the distribution of your assets can be effectively achieved. We recommend reviewing your plan periodically.
We are qualified to help you with wills, revocable trusts, insurance trusts, irrevocable trusts, land trusts, partnerships, limited liability companies, charitable trusts, and private foundations. We have the training and experience to help you choose the best plan and then execute it.
Caring for a Loved One
If you have a disabled adult child, or a spouse or parent with dementia, you may need court intervention to ensure that they have proper care. Or perhaps someone is taking advantage of a disabled relative or friend and you don’t know what to do. We are here to help. KG&G attorneys can assist you in obtaining a guardianship, so that you can protect your loved ones and sleep a little easier.
Probate Administration and Claims
As if the death of a loved one is not stressful enough, there can be legal complications and a myriad of questions regarding how to proceed. Most people don’t know the answers. You can’t find a will. Do you know what to do? You found a will. What should you do with it? Did you know that it has to be filed within 30 days? Do you know where to file it? There are medical bills. Should you pay them? There is life insurance, but how do you get it? There is a car with a monthly payment due and a house with a mortgage and real estate taxes due. Do you know how to proceed? Don’t panic and don’t worry. While it is all routine for the attorneys at Kavanagh Grumley & Gorbold, we understand that it is not routine for you. We will make sure that the proper procedures are followed and take the time to answer any questions that you have.
Opening a probate estate is not always necessary. We can advise you when it is necessary or when it is beneficial. Likewise, we will advise you if opening a probate estate is neither required nor beneficial and help you proceed in the appropriate manner. Whatever the suitable course of action, we can do it efficiently and effectively to protect the assets of the estate and ensure proper distribution to the beneficiaries in a timely manner.
Sometimes you need to make a claim against an estate. If you are owed money and the debtor dies, you may be entitled to payment from the estate. We can help you file a claim to make sure you get paid.
Whether you are an heir, an executor, a trustee, a beneficiary under a will, or a creditor of an estate, we can guide you through the intricacies of estate administration.
Will and Trust Contests and Invalid Transfers
We represent both the estate and contestants in will and trust contests. A will or trust must meet certain minimum standards to be considered legal and binding. If the minimum requirements are not present, the validity of the will or trust can be challenged. Likewise, if the will or trust was signed when the person was no longer competent as a result of mental incapacity, it can also be nullified. Similarly, if the will or trust was the result of undue influence by a trusted person, it may also be held to be void, even where the decedent was competent. Sometimes the will or trust is perfectly valid, but the estate has been depleted of assets through invalid transfers prior or subsequent to death.
In each of these situations, litigation is necessary to resolve the conflicts. We have a skilled litigation team that works with our probate and estate planning attorneys to lead the court to a just result.
Plan today. You don’t know what tomorrow will bring.
Don’t procrastinate. Put your trust in Kavanagh Grumley & Gorbold to create a plan to protect your future and ease the strain on your family caused by death and disability. For all your estate-planning, probate administration, and guardianship needs in the Joliet area, Will County and the southwest suburbs, call Kavanagh Grumley & Gorbold at 815-727-4511 or contact us online.