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Illinois Probate Law Jan 1, 2015 Question

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cte1866

Junior Member
What is the name of your state (only U.S. law)? I'm in Illinois. As of Jan 1, 2015 a new Probate law came into effect that applies to presumptively void transfers to caregivers. There's an article by Jeffrey R. Gottlieb that addresses it but there's too much legaleze for me to understand it.
I'm in a gay relationship but we have not married (we've been together 20 yrs). My partner and I have wills and the house and cars are in both of our names. However, our insurance agent mentioned this law and said since you're not married, a family member can contest your will's. Honestly I'm confused by this statement and not sure how this law applies in our case. Something about if you make changes to your will after Jan 1 they can contest the will?
Can someone please clarify this in basic English?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? I'm in Illinois. As of Jan 1, 2015 a new Probate law came into effect that applies to presumptively void transfers to caregivers. There's an article by Jeffrey R. Gottlieb that addresses it but there's too much legaleze for me to understand it.
I'm in a gay relationship but we have not married (we've been together 20 yrs). My partner and I have wills and the house and cars are in both of our names. However, our insurance agent mentioned this law and said since you're not married, a family member can contest your will's. Honestly I'm confused by this statement and not sure how this law applies in our case. Something about if you make changes to your will after Jan 1 they can contest the will?
Can someone please clarify this in basic English?
One should not take legal advice from an insurance agent.

Just glancing at the law, it seems that if you are a caregiver (which it doesn't sound like you are) and you are bequeathed $20,000 or more, then, if challenged, you would have to overcome the presumption that the transfer is void.
 

single317dad

Senior Member
It seems the spirit of the law is to prevent someone like a home health aide from manipulating a homebound senior into bequeathing them a significant portion of their estate. Until case law settles the details, the law could be applied differently. If you're talking about significant amounts here, you should consult a qualified attorney on the matter.

Oh, and to reiterate: "One should not take legal advice from an insurance agent."
 

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