December 30, 2008

Illinois Estate Planning and Trust Funding

In her article, Practical Tips and Tricks on What You Should Do With Your Estate Plan, Julie Garber advises completely funding your revocable living trust so that all of your assets can be managed by the trustee.

Ms. Garber states, " Many people fail to realize that funding their trust is just as important as creating it. If an asset isn't titled in the name of the trust, then the trust agreement won't control what happens to that particular asset . . . . "

So how does one go about placing assets in a trust?

All that needs to be done is to change the title under which the property is held.

Example: Title to the summer home is currently in "John Smith". Change the title so that it is now in "John Smith and Jane Smith, Trustees, or their successors in trust, under the John Smith Living Trust, dated January 1, 2009, and any amendments thereto".

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December 23, 2008

Illinois Revocable Trusts Compared to Illinois Irrevocable Trusts

What is the difference under Illinois law between a revocable trust and an irrevocable trust?

A revocable trust can be modified, amended or revoked by the maker (also known as the settlor or grantor) of the trust at any time during the maker’s life. With a revocable trust, property passes after the maker’s death to the parties the maker designates without going through probate proceedings with the court. This is often less expensive and requires less time than going through the court probate system. It is also private. Unlike public probate court documents, trust documents are not a matter of public record.

A revocable trust becomes irrevocable after the maker's death and may be used to reduce estate taxes for married couples.

An irrevocable trust cannot be changed after it is created. As with a revocable trust, an irrevocable trust does not pass through the court probate process and is private. In addition, an irrevocable trust can be used to reduce estate taxes for singles and married couples and protect assets from creditors.

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December 19, 2008

Steps for Illinois Heirs

The first three steps which should be taken after the death of a loved one are to make the funeral arrangements, secure the house and find the important papers. In her article in The Wall Street Journal titled "Steps for Heirs to Take After a Death", Jilian Mincer discusses why these three steps are so important.

After the funeral has taken place, family members should secure the home if it is now empty. Changing the locks and adding a buglar alarm should be considered. Valuables such as jewelry should be moved to a safe deposit box or some other secure place. If items are moved, however, a list should be kept of where things were. This might be needed if the deceased's will identifies objects by location. For example, the will may say that gold jewelry in the top dresser drawer goes to a specific person.

The third step is to find the important papers. These are the most recent will, stock certificates, investment account information and insurance policies. It is sometimes helpful to look at the most recent tax return for references to assets of the estate. In addition, if the deceased was working, check with the employer regarding benefits like life insurance policies and 401(k) plans. Also, ask the funeral director for 10 certified copies of the death certificate which will be needed when transferring stocks and other assets and when filing for life insurance proceeds.

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December 15, 2008

Merry Christmas

Daniel Henninger's recent article in The Wall Street Journal titled "U.S. Says It Will Bail Out Christmas" is too entertaining not to be included in this Christmas blog:

With the government on the brink of rescuing the U.S. auto industry, we have learned that the Treasury Department is drawing up plans to bail out Christmas. "We have reason to believe," said a person close to the matter, "that without an immediate capital injection, Santa Claus will fail before December 24." Mr. Claus could not be reached for comment.

Government officials are said to be concerned at the risk that the collapse of Santa Claus could pose to the nation's intricately related system of holiday happiness. Though a failure by Santa Claus poses the largest systemic risk, the government is also prepared to step in to bail out Christmas trees, caroling parties and mistletoe producers.

President-elect Barack Obama has been briefed on the initiative, and through a spokesman was quoted as saying, "I'm OK with bailing out Christmas."

Inside Treasury, some officials privately worry that such a precedent could result in the nationalization of Santa Claus, leading to similar calls for help next year from the Easter Bunny and even Valentine's Day. Treasury Secretary Henry Paulson personally concluded, however, that "Santa Claus is too big to fail."

Indeed, the situation was considered sufficiently dire that Mr. Paulson agreed to travel to the North Pole to speak to Mr. Claus. A Treasury official with knowledge of the situation agreed to provide this reporter with an account of the meeting. "Secretary Paulson," this person said, "has had a lifetime belief in Santa Claus and firmly supports what he represents."

Last Saturday morning, Mr. Paulson flew by government plane to meet with Santa, though a spokesman would not disclose the exact location of the famed toymaker's North Pole workshop. Mr. Paulson's plane landed on the polar ice cap, and then the Secretary was taken the final 300 miles in a sleigh pulled by Santa's fleet of reindeer. In deference to Mr. Paulson's unfamiliarity with sleigh-riding at altitude, Mr. Claus ordered his assistants to bring the Treasury department party overland.

The picture of Christmas painted for Mr. Paulson by his rosy-cheeked host was bleak.

Apparently Santa's difficulties in "producing product," as Mr. Paulson described it, originated in a poorly understood aspect of the jolly elf's current operations known as "Christmas list swaps," or CLIPS.

Mr. Claus said that going back as far as anyone can remember, Christmas lists had been handled in the traditional manner. Children would draw up lists, which were left out in the evening with a glass of milk for collection by Santa's elves; other lists would be exchanged with siblings, cousins and loved ones.

Several years ago, according to a participant who requested anonymity, some of Santa's elves were contacted by representatives from Bear Stearns and Lehman Brothers, who persuaded the elves of the benefits of an elaborate scheme of Christmas-list securitization.

As outlined to the elves, the idea worked like this. Brokers would break each item on the Christmas lists into separate pieces and repackage the requests as securities, using a formula known as a "benevolence diffusion algorithm." This would guarantee happiness for everybody in the world on Christmas morning. No one would lose.

At first Santa was doubtful of the plan. Mrs. Claus was especially skeptical, pointing out that in her experience with baking Christmas cookies, a seemingly foolproof enterprise, a failure rate of 5% was not uncommon. "There is simply no historical data to suggest the whole world can be long Christmas," Mrs. Claus said. "No scheme will ever rid the world of bad little girls and boys."

According to a person with knowledge of the North Pole couple's affairs, Santa received a call from a Franklin Raines, who identified himself as the president of a "government sponsored enterprise" known as Happie Mac. Santa apparently became convinced that Happie Mac sounded similar to his own business of free giving, and so agreed to the proposed system of Christmas list swaps.

Difficulties emerged when a CLIPS salesman from AIG called a senior elf to say that a large number of the Christmas list swaps had ended up in the hands of Russian billionaires with links to former Russian president Vladimir Putin. "These plutocrats don't even believe in me," Santa was heard to say as Mr. Paulson's sleigh rode out of sight.

On returning to Washington, Mr. Paulson's plan to bail out Christmas immediately ran into problems. Fed Chairman Ben Bernanke, whose great-great uncle is rumored to have been an elf, pointed out that Santa Claus might not qualify for a TARP loan. According the Fed's analysis: "Santa Claus belongs to the people. Any bailout must pass through the appropriate committees of the House."

House Speaker Nancy Pelosi, notwithstanding that she is the mother of five children, has reportedly told Mr. Paulson that Congress will bail out Christmas only in return for a promise from Santa Claus to "go green." Speaker Pelosi said the Environmental Defense Fund has long complained about Santa's eight tiny reindeer and that Mr. Claus would be asked to appear this Tuesday before Rep. Barney Frank's committee with a plan to reduce the sleigh's carbon footprint.

With only 13 days remaining for a Santa rescue, Mr. Paulson and Speaker Pelosi are said to be discussing the appointment of a Christmas czar. The leading candidate is Oprah Winfrey.

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December 5, 2008

Asset Protection for Illinois Homestead and Life Insurance

Two Illinois laws provide protection from creditors for homes and for life insurance policies.

The protection provided to homes, whether it is a house, a condominium or other form of residence, is $15,000 per individual.

The protection provided for life insurance policies equals the value of the policy as long as the proceeds payable because of death go to the wife or husband of the insured, a child, parent or other person dependent upon the insured.

These laws apply to everyone and no action is needed to take advantage of their protection.

Additional steps can be taken to protect other assets from the claims of creditors. These steps include establishing trusts and other entities which hold title to the assets. When properly created, the owner of the property can enjoy the benefits of the property without the worry that the property may be attached by a creditor.

Another step to protect assets from creditors is to retitle the asset. James A. Barry, Jr., a Certifies Financial Planner, makes reference to the advantages of transferring property to family members as a way to protect assets. By doing this, the retitled asset is now in the name of a different individual and a creditor cannot reach the asset. Often an individual who uses this method already had the intent to pass the property to the other party, usually a family member, at some time in the future.

For more information regarding keeping your assets safe, contact
a law firm that practices in the area of asset protection
.

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