Changes in Illinois Estate Planning and Probate Laws

 Posted on September 29,2024 in Estate Planning

If you are contemplating having an estate plan prepared, or if you are dealing with probate for a loved one, it is important that you be fully informed about several recent changes in the law that might affect you and your loved ones in connection with those subjects. Estate planning allows you to make provisions for those you care about, including the distribution of assets, and naming a person to make decisions on your behalf in the event you become incapacitated.

Probate is the legal process of administering your will, paying any outstanding debts, and distributing the remaining assets to those you have named in your will or trust. This means that any law passed regarding estate planning also affects probate. It is always a good idea to consult with a knowledgeable Oak Park, IL, probate attorney who can guide you through the process, and/ or help you plan for your own probate in the future. The following are some of the recent probate changes in the state of Illinois.

The "National Commerce Act" Now Facilitates the Use of Electronic Records and Signatures

The "National Commerce Act", also known as the "E-Sign Act", or more fully, the "Electronic Signatures in Global and National Commerce Act", was recently adopted by Illinois. This Act facilitates the use of electronic records and signatures in interstate and foreign commerce. Individuals can now sign and witness wills and other important estate planning documents remotely, through audiovisual communications, like Zoom. This Act includes security procedures that seek to prevent fraud and coercion, ensuring that the estate planning experience remains reliable and safe, while at the same time streamlining the process.

The "Remote Witness Act" Affects Estate Planning and Probate

Under the Remote Witness Act, wills and other estate planning documents can be witnessed and signed via technology, specifically, through remote audio-video communications. Stringent requirements have been put in place to seek to ensure that remote witnessing is both authentic and secure. The testator’s identity must be verified, and all appropriate parties must be present remotely. This Act has made Illinois estate planning more accessible and secure for all of its residents.

Updates to the "Attorney Act" Affect Illinois Probate

The updates to the "Attorney Act" establish a six-year deadline for bringing malpractice claims against estate planning attorneys. The deadline for bringing such claims used to be two years, so this Act adds additional time for a client to pursue this type of legal action. While the time limit for filing an estate planning malpractice claim has been extended, updated protections for legal professionals in the form of stricter security protocols have also been put into place.

Changes to the "Illinois Power of Attorney Act"

Individuals now have 30 days to reconsider their decision regarding a Power of Attorney designation, which allows them more time and flexibility to confer with an attorney, family members, or their doctor(s), following changes made earlier to the "Illinois Power of Attorney Act", which became effective January 1, 2023, under Public Act 102-794. This Act dictates that a "short form power of attorney" document can be used by people in healthcare situations when they are not able to make decisions for themselves. The Act further provides that a power of attorney short form can be in either written or electronic format. This means that physicians, emergency medical services personnel, and health care providers must now accept an electronic copy of the form.

Contact a Hillside, IL Estate Planning Attorney

If you are considering getting an estate plan prepared for yourself, a "do-it-yourself" estate plan is not a wise approach, because, in many circumstances, one single mistake can result in the entire estate plan being voided. Utilizing a highly-skilled Oak Park, IL estate planning & probate lawyer will  ensure that your estate plan perfectly meets your needs, and the needs of your loved ones, both now and in the future.

For over 36 years, the Law Office of Vincent C. Machroli, P.C. has helped clients with all types of estate planning matters. We work closely with our clients to develop a comprehensive estate plan tailored to their specific circumstances. To make use of our highly personalized customer service, call 708-449-7404 today to schedule your free consultation.