Is It a Gift or a Loan? Common Mistakes Parents Should Avoid

Parents and grandparents often give children and grandchildren financial help to purchase a home or to carry them through hard times. It can be a wonderful, generous gesture with a lasting impact across generations of family members. But it can also create strife and intra-family conflict if parents fail to properly document the transfer as a loan. 

Should you amend or rewrite your revocable trust?

It’s important to review a revocable trust regularly to see if any amendments are needed, such as when something changes in your life. Some examples are: you have had or adopted a child; your spouse or other beneficiaries have died; you have remarried; the value of your assets, including life insurance death benefits in most cases, will exceed your available estate tax exemption amount (under Illinois or federal law); or the law changes.

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The Danger of Waiting Too Long to do Estate Planning

Some people never get around to retaining a lawyer to prepare their will, living trust and other important estate planning documents. Here are some of the reasons we hear and our responses:

1. “I don’t need estate planning documents.”

Not having estate planning documents can result in your family, friends or charities being left out of your intended plan (or result in your property going to people who you did not intend to receive it). It can also result in additional taxes, fees, delays and disputes. The cost of the probate process can greatly exceed the cost of a comprehensive estate plan.

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LLC Member Personally Liable

The owner of a lot on which a four-unit condo complex was to be built contracted with a small residential construction company to build the condos. The
construction company was formed as a limited liability company (LLC), the only members of which were a licensed home builder and his wife. The licensed
builder served as general contractor on the project, overseeing subcontractors that the LLC had selected.

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