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LAUREN JACKSON
LAW OFFICE OF LAUREN E. JACKSON
Estate Planning
What you need to know!
Lauren Jackson - Bio
 Graduated from NIU Law School in 2002
 Lavalle Law – Palatine – 2008
 Stewart Title Insurance – 2015
 Law Office of Lauren E. Jackson - Present
Estate Planning 101
 What if you don’t have a Will?
The misconception the state will take your
money and property
 How will your estate be distributed?
Estate is distributed according to how the
Illinois legislature “thinks” it should
What is Important?
 Taxes are not necessarily the issue for many
 Ease of transfer of wealth
 Asset protection at least for heirs
 Retirement planning and income tax planning are
taking center stage
 Being named Trustee or Executor
 Duties
 Responsibilities
 Family dynamics
Descent & Distributions
 Intestate Probate (No Will)
 How will your assets be split it up?
 It depends on your living blood relatives
 Example
 If there is a spouse and children
 50% to spouse and 50% equally to the children, OR
 100% to spouse if no children, OR
 100% equally to children if no spouse
 If there is no spouse or children
 Divided equally amongst parents, brothers, and sisters, etc.
 If you don’t like how the state will distribute
your estate, what can you do?
Will based centered Estate Plan
Trust based centered Estate Plan
Simple Will
 A document that distributes your estate via an
executor who you nominate to be in charge of filing
your will, probate case (necessary if over $100,000
in liquid assets or you owned real estate) and
distributing your estate.
 Executor –Should be someone younger than you,
who you trust & is good with money.
 Also name guardians for children
Downside to a Will
 Is a public process
 Will is easier to contest
 Offers no creditor protection
Illinois Probate Process
 Is not a quick process (minimum 6 months)
 Two types of probate
 Contested and Uncontested
 Must get Letters of office issued by the court
 Must obtain a tax ID number for the estate and
request an ad be run in the local paper.
 The ad must run once a week for three consecutive weeks.
 From the first date the ad is run there is a six-month clock
that begins to run
 During the six months the estate must stay open for any
potential claims to be made by creditors
 No assets may be distributed to any of the heirs during those
six months
 At the end of the six months, if all assets have been
liquidated and claims paid, the estate may be distributed
according to the will or by state law
 Once all assets have been distributed, we will fill out the
proper paper work and close the estate
Living Revocable Trust
 If you would like to avoid the probate process
then a trust may be the way to go
 A trust is private, does not get filed anywhere
 No wait time for the distribution of your assets
 Provides for some creditor protection for your
estate
Continued Trust Benefits
 Easily moves with you from state to state
 Is difficult for disgruntled heirs to attack
 Achieves your death tax objectives
 You can add or remove property and assets at
any time
What to put into your trust?
 Real Estate
 Private Investment Accounts, Stocks, & Bonds
 Bank / Savings Accounts
 Life Insurance
 Corporate Ownership Interests
 LLC Ownership Interests
 Notes Payable (money owed to you)
 Copyrights
 Household furnishings / jewelry
Healthcare Power of Attorney
 Allows the agents that you named to make health
care decisions for you should you become unable to
do so yourself
 In a medical emergency, this form can be presented
to a health care provider
 This form is not a do-not resuscitate (DNR)
 If you want this form, see your personal doctor
 Needs to be kept in a safe place accessible to your
agents
Who to name as an agent?
 Someone good in an emergency
 Local
 Someone that knows your wishes / intentions
Power of Attorney for Property
 Allows the agents that you named to take care of
your property if you are alive but unable to do it
yourself
 Allows your agent to make decisions with respect to:
 Retirement accounts, insurance policies, real estate and many
other accounts
Who to name?
 Someone good with money
 Responsible
 Local helps
Additional Documents in a Estate Plan
 HIPAA Authorization
 General Assignment of property
 Appointment of agent to control remains
 Living Will
 Certification of Trust
Medicaid
 Must have less than $2,000 to your name
 Not necessarily the place you want to stay
 The way to avoid is to transfer all your property into either an
irrevocable trust or to another individual
 Five year look back
Benefits
 My clients love:
 No surprises, you will know the final cost before we get started
 You don’t have to worry about being charged by the minute /
or hour
 Includes all meetings, phone calls, email communication
Law Office of Lauren E. Jackson
 Two convenient locations:
 136 Kimball Street, Elgin, Illinois 60120
 200 West Main Street, St. Charles, Illinois 60174
 Office Phone
 (847) 714 – 2866
 Website
 Laurenjacksonlaw.com
Thank You!
 Questions?

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Estate planning 101

  • 1. LAUREN JACKSON LAW OFFICE OF LAUREN E. JACKSON Estate Planning What you need to know!
  • 2. Lauren Jackson - Bio  Graduated from NIU Law School in 2002  Lavalle Law – Palatine – 2008  Stewart Title Insurance – 2015  Law Office of Lauren E. Jackson - Present
  • 3. Estate Planning 101  What if you don’t have a Will? The misconception the state will take your money and property  How will your estate be distributed? Estate is distributed according to how the Illinois legislature “thinks” it should
  • 4. What is Important?  Taxes are not necessarily the issue for many  Ease of transfer of wealth  Asset protection at least for heirs  Retirement planning and income tax planning are taking center stage  Being named Trustee or Executor  Duties  Responsibilities  Family dynamics
  • 5. Descent & Distributions  Intestate Probate (No Will)  How will your assets be split it up?  It depends on your living blood relatives  Example  If there is a spouse and children  50% to spouse and 50% equally to the children, OR  100% to spouse if no children, OR  100% equally to children if no spouse  If there is no spouse or children  Divided equally amongst parents, brothers, and sisters, etc.
  • 6.  If you don’t like how the state will distribute your estate, what can you do? Will based centered Estate Plan Trust based centered Estate Plan
  • 7. Simple Will  A document that distributes your estate via an executor who you nominate to be in charge of filing your will, probate case (necessary if over $100,000 in liquid assets or you owned real estate) and distributing your estate.  Executor –Should be someone younger than you, who you trust & is good with money.  Also name guardians for children
  • 8. Downside to a Will  Is a public process  Will is easier to contest  Offers no creditor protection
  • 9. Illinois Probate Process  Is not a quick process (minimum 6 months)  Two types of probate  Contested and Uncontested  Must get Letters of office issued by the court  Must obtain a tax ID number for the estate and request an ad be run in the local paper.  The ad must run once a week for three consecutive weeks.
  • 10.  From the first date the ad is run there is a six-month clock that begins to run  During the six months the estate must stay open for any potential claims to be made by creditors  No assets may be distributed to any of the heirs during those six months  At the end of the six months, if all assets have been liquidated and claims paid, the estate may be distributed according to the will or by state law  Once all assets have been distributed, we will fill out the proper paper work and close the estate
  • 11. Living Revocable Trust  If you would like to avoid the probate process then a trust may be the way to go  A trust is private, does not get filed anywhere  No wait time for the distribution of your assets  Provides for some creditor protection for your estate
  • 12. Continued Trust Benefits  Easily moves with you from state to state  Is difficult for disgruntled heirs to attack  Achieves your death tax objectives  You can add or remove property and assets at any time
  • 13. What to put into your trust?  Real Estate  Private Investment Accounts, Stocks, & Bonds  Bank / Savings Accounts  Life Insurance  Corporate Ownership Interests  LLC Ownership Interests  Notes Payable (money owed to you)  Copyrights  Household furnishings / jewelry
  • 14.
  • 15. Healthcare Power of Attorney  Allows the agents that you named to make health care decisions for you should you become unable to do so yourself  In a medical emergency, this form can be presented to a health care provider  This form is not a do-not resuscitate (DNR)  If you want this form, see your personal doctor  Needs to be kept in a safe place accessible to your agents
  • 16. Who to name as an agent?  Someone good in an emergency  Local  Someone that knows your wishes / intentions
  • 17. Power of Attorney for Property  Allows the agents that you named to take care of your property if you are alive but unable to do it yourself  Allows your agent to make decisions with respect to:  Retirement accounts, insurance policies, real estate and many other accounts
  • 18. Who to name?  Someone good with money  Responsible  Local helps
  • 19. Additional Documents in a Estate Plan  HIPAA Authorization  General Assignment of property  Appointment of agent to control remains  Living Will  Certification of Trust
  • 20. Medicaid  Must have less than $2,000 to your name  Not necessarily the place you want to stay  The way to avoid is to transfer all your property into either an irrevocable trust or to another individual  Five year look back
  • 21. Benefits  My clients love:  No surprises, you will know the final cost before we get started  You don’t have to worry about being charged by the minute / or hour  Includes all meetings, phone calls, email communication
  • 22. Law Office of Lauren E. Jackson  Two convenient locations:  136 Kimball Street, Elgin, Illinois 60120  200 West Main Street, St. Charles, Illinois 60174  Office Phone  (847) 714 – 2866  Website  Laurenjacksonlaw.com