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Protecting Seniors and their Families via the Presumptively Void Transfers Article

Monday, January 01, 2018 2:40 PM | Anonymous

By  Tony Abboud, 
       Strategic Government

Two years ago, NAELA was instrumental in the drafting and passage of the Presumptively Void Transfers law, Article IVA of the Probate Act, that limits the ability of third-party, non-familial caregivers to use their power of position and leverage to alter a will, trust or other testamentary transfer.  The law simply says that, if and only when a testamentary instrument is challenged in probate court, then a rebuttable presumption will arise that a testamentary transfer in excess of $20,000 to a third-party, non-familial caregiver is void and the caregiver is required to overcome the presumption through clear standards set forth in the law.  Certain opponents of the law are circulating misinformation claiming that third-party, non-familial caregivers are somehow being wronged, when elder lawyers and elder advocates know that caregiver abuse is rampant and that those non-familial caregivers who have modified wills, estate plans, and trusts then get to dissipate the assets of the deceased's estate in fighting back against the family challenging their testamentary "gifts."  NAELA has agreed to appropriate changes to the law that are consistent with its purpose, such as protecting transactions to bona fide purchasers for value who purchase from the caregiver without knowledge.  But, on behalf of our membership, senior citizens and their families, NAELA will aggressively defend the law to prevent the inclusion of any proposed exceptions that would undermine the entire act or give power back to unscrupulous non-family caregivers.  Keep an eye out for more information and how you can help protect the law from being watered-down.

Illinois Chapter
National Academy of Elder Law Attorneys, Inc.
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The National Academy of Elder Law Attorneys, Inc. (NAELA) was founded in 1987 as a professional association of attorneys who are dedicated to improving the quality of legal services provided to people as they age and people with special needs.
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