ELDER LAW

Our elder law practice is dedicated to protecting seniors and their families during life's most important transitions. We understand that navigating the complexities of aging requires not just legal expertise, but also compassion and a deep understanding of the challenges facing older adults and their loved ones.

Long-term care planning is at the heart of our practice. We help families make informed decisions about future care needs while protecting hard-earned assets. Our attorneys guide clients through the intricate process of qualifying for Medicaid benefits, establishing appropriate estate plans, and structuring assets to ensure quality care without unnecessary financial strain. We work closely with financial advisors, accountants, care managers, and healthcare providers to develop comprehensive plans that address both immediate needs and future considerations.

The decision to move into a nursing home or assisted living facility is significant, and the contracts governing these arrangements can be complex and overwhelming. Our experienced attorneys carefully review admission agreements and care contracts, ensuring our clients' rights are protected and that they understand their financial obligations. We negotiate modifications when needed and help families understand their loved ones' rights under Illinois and federal nursing home regulations.

Elder abuse and exploitation are growing problems affecting elders. These cases require swift, decisive action and experienced legal advocacy. Our attorneys can assist in stopping the abuse, recovering misappropriated assets, and holding perpetrators accountable.

Our comprehensive elder law services include:

Medicaid planning and asset protection
Nursing home and assisted living contract review
Elder abuse and financial exploitation litigation
Guardianship proceedings
Special needs planning
Veterans benefits coordination

We pride ourselves on building lasting relationships with our elder law clients and their families. Our team stays current with evolving regulations and emerging care options to provide the most effective representation possible. Whether planning ahead or responding to an immediate crisis, we offer the legal guidance and personal support needed to protect our senior clients' dignity, safety, and financial security.

GUARDIANSHIP

Guardianship is a legal proceeding where the court appoints a responsible person (the guardian) to make personal and/or financial decisions for another person (the ward) who is unable to make these decisions independently. In Illinois, guardianship arrangements can take several forms to meet the specific needs of each situation. Plenary guardianship grants broad authority over personal and/or financial decisions, while limited guardianship provides specific, restricted authority based on the ward's capabilities. Some guardians are appointed solely to manage personal decisions like healthcare and living arrangements, while others focus exclusively on financial matters and property management. In urgent situations, temporary guardianship arrangements can be established to address immediate needs. Guardianship may also be utilized to protect an individual with disabilities who is being exploited by another whether it is by their power of attorney agent, fiduciary, family member or an acquaintance. The goal is always for the guardianship to be as least restrictive as possible and to maximize the ward’s independence. Guardianship is considered an option of last resort but can be a necessary solution in many cases.

After appointment, guardians make annual reports to the court about the ward’s medical status and provide an accounting of their financials which is reviewed by the court. The guardianship will often remain in place throughout the life of the person with a disability. Rights can be restored upon a finding by a doctor that the person has regained the ability to make decisions and entry of an order of the court restoring capacity.

Even when a minor has living parents, Illinois law provides specific provisions for guardianship of the estate to protect a minor's financial interests. This type of guardianship becomes necessary when a minor receives significant assets, whether through inheritance, settlement of a lawsuit, life insurance proceeds, or other sources. This requirement ensures proper management and protection of the minor's financial interests until they reach adulthood at age 18. The guardian of a minor’s estate has specific duties including prudent investment of funds, maintaining accurate financial records, filing annual accountings with the court, and seeking court approval for significant financial decisions. Funds may also be set aside in restricted accounts which prevent distributions without a court order, which allows the funds to grow in a protected account until the minor reaches 18 years old.

A significant portion of our practice is guardianship, and we can assist you navigate the guardianship court. Guardianship can be overwhelming, create difficult family dynamics, and be costly if it is contested. Our attorneys are experienced and can provide counsel to make the process smoother and less expensive while ensuring your family member’s interests are handled professionally and with compassion.

While guardianship sometimes cannot be avoided, steps can be taken by you in advance to lessen the chances. This includes having legal documents in place, reviewing them on a regular basis, and communicating your wishes to your family and fiduciaries.

PROBATE

When an individual passes away, their estate often goes through a legal process called probate. This court process ensures that the deceased person's heirs are ascertained, their assets are properly distributed, and their debts are paid. While probate can seem overwhelming, understanding the basic steps can help you navigate this challenging time with greater confidence.

The probate process begins with filing a petition in the probate court of the county where the deceased person lived, owned real estate or where they passed away depending on the circumstances. If there's a Will, the named Executor submits it to the court for it to be admitted. If there is no Will, the court appoints an Administrator to handle the estate. Once appointed, the Executor or Administrator becomes the representative of the estate and is legally responsible for managing the estate through probate.

One of the representative’s first duties is to create an inventory of the deceased person's assets and obtain professional appraisals when necessary. This includes identifying bank accounts, real estate, vehicles, investments, and personal property. The representative also notifies creditors of the death and pays any valid debts from the estate's funds if the estate is solvent. Additionally, they're responsible for filing the deceased person's final tax returns and paying any taxes owed.

Throughout the probate process, the representative must maintain detailed records of all financial transactions and may need to provide periodic reports to the court and other interested parties. They also handle practical matters like canceling credit cards, notifying Social Security and other government agencies, and maintaining property until it can be distributed or sold.

At the end of the estate administration, the representative will distribute the remaining assets to the beneficiaries according to the Will's instructions or state law if there is no will. The probate process typically takes at least six months to a year, though complex estates, difficulty liquidating or selling assets, or family disputes can extend this timeline significantly.

It's important to note that not all assets go through probate. Assets with designated beneficiaries (like life insurance policies and retirement accounts) or those held in joint ownership typically pass directly to the beneficiary or surviving owner. Additionally, assets held in a living trust bypass probate entirely, which is why many people include trusts in their estate planning.

Working with an experienced attorney can help simplify this process and ensure all legal requirements are met. At Voorn, Jaworski, & Preston, PLLC, we can guide Executors and Administrators through their responsibilities, handle court filings, and address any complications that arise. While probate may seem daunting, having knowledgeable legal support can make the process much more manageable.

ESTATE PLANNING

Estate planning is more than just writing a will—it's a comprehensive approach to protecting your assets, providing for your loved ones, and ensuring your wishes are carried out during your lifetime and on your passing. Whether you're just starting your family and career or planning for retirement, having a solid estate plan is essential for everyone.

A well-crafted estate plan helps to minimize taxes, avoid probate complications, and prevent family disputes. It gives you control over how your assets will be distributed and allows you to make crucial healthcare decisions in advance. Most importantly, it provides peace of mind knowing that you've taken steps to protect your family's future.

The foundation of any estate plan typically begins with a last will and testament. This crucial document specifies how you want your assets distributed and can name guardians for minor children. However, comprehensive estate planning often involves additional tools like trusts, which offer greater control over asset distribution and can help avoid the time and expense of probate court. For many families, trusts offer significant advantages. A revocable living trust can help avoid probate court, maintain privacy, and provide flexible asset management during your lifetime. Other types of trusts can help protect assets from creditors, provide for children with special needs, or minimize estate taxes for high-net-worth individuals.

Powers of attorney are another vital component of estate planning. A durable power of attorney for property allows someone you trust to manage your financial affairs if you become incapacitated. Similarly, a healthcare power of attorney designates someone to make medical decisions on your behalf if you are unable to do so and includes your preferences for end-of-life medical care.

Estate planning also includes using beneficiary designations on life insurance policies, retirement accounts, and other financial assets. These designations typically override instructions in your will, making it crucial to review and update them regularly. Regular review of your estate plan is essential, particularly after major life events like marriage, divorce, births, or significant changes in your financial situation.

Business owners face additional estate planning considerations. Succession planning, buy-sell agreements, and business continuation strategies are crucial for ensuring your business legacy continues according to your wishes. These plans can help minimize disruption to your business operations and protect both your family's and employees' interests.

Tax planning is another critical aspect of estate planning. While federal estate tax exemptions are relatively high, Illinois has a much lower estate tax exemption at $4 million. Strategic planning can help minimize tax burdens through techniques like gifting strategies, charitable giving, and specialized trusts.

Working with experienced attorneys ensures your plan addresses all aspects of your unique situation. Our firm can help you create a comprehensive estate plan that protects your assets, provides for your loved ones, and gives you peace of mind about the future.

Remember, estate planning isn't a one-time event but an ongoing process that should evolve with your life circumstances. Regular reviews and updates help ensure your plan continues to reflect your wishes and take advantage of current laws and planning strategies.

FIDUCIARY LITIGATION

When trust is broken in financial and business relationships, the consequences can be severe. Our firm's fiduciary litigation practice represents clients in complex disputes involving breaches of fiduciary duty, helping them navigate some of their most challenging legal situations.

Fiduciary relationships arise in many contexts – from estate executors and trustees to corporate officers and directors and partners. These relationships create special obligations, requiring fiduciaries to act with the utmost good faith and loyalty in managing others' affairs. When these duties are violated, whether through self-dealing, misappropriation of assets, or negligent management, we step in to protect our clients' interests and seek appropriate remedies.

Our experienced attorneys handle cases involving corporate governance disputes; trust, estate, and power of attorney conflicts; and partnership disagreements. Our team has successfully represented both plaintiffs and defendants, giving us valuable insight into effective litigation strategies from all angles. We understand not just the legal principles at stake, but also the complex financial and business dynamics that often underlie these disputes.

We recognize that fiduciary litigation frequently involves sensitive business relationships and family dynamics. Our approach emphasizes both aggressive advocacy when needed and practical problem-solving when possible. We work closely with clients to understand their objectives and develop targeted strategies that protect their interests while remaining mindful of business realities and relationships. Whether through skillful negotiation or forceful courtroom advocacy, we help clients achieve optimal resolutions to fiduciary disputes.

Our fiduciary litigation practice regularly handles matters including:

Corporate officer and director liability claims
Trust, estate and power of attorney litigation
Partnership and closely-held business conflicts
Shareholder derivative actions

SPECIAL NEEDS PLANNING

Securing the future of a loved one with disabilities or special needs while preserving their access to essential benefits requires thoughtful planning. At Voorn Jaworski, & Preston, PLLC we can help you create a comprehensive strategy that protects both your loved one's financial security and their eligibility for crucial government benefits like Medicaid and Supplemental Security Income (SSI).

At the heart of this planning are two powerful tools: Special Needs Trusts (SNTs), also known as Supplemental Needs Trusts, and ABLE accounts. These allow your loved one to maintain their assets or inheritances while qualifying for vital public benefits. The funds can enhance their quality of life by covering expenses beyond what government programs provide, including:

Home purchases and modifications to ensure comfortable, accessible living
Educational opportunities and specialized therapies not covered by Medicaid or Medicare
Personal care assistance and companion services
Transportation solutions, including vehicle purchases
Technology and assistive devices that promote independence
Enriching experiences like family visits and vacations

Creating a Special Needs Trust is a significant decision that demands careful consideration. Our team conducts a thorough assessment of your loved one's unique circumstances, including their age, medical needs, family dynamics, and support network. We will help you weigh the advantages and considerations, ensuring you understand the trust's structure, the trustee's responsibilities, and everyone's roles in the plan. Please contact us to help you build a foundation for your loved one's future that balances financial security with access to essential benefits.

CONTACT US

1938 E. Lincoln Highway, Ste 219

New Lenox, IL 60451

53 W. Jackson Blvd., Ste. 1652

Chicago IL 60604

vjp@vjplawyers.com

(815)215-8777