In this article, we’ll discuss whether or not a creditor can file a claim against a living trust and what level of reach a creditor has against assets in a living trust. Setting up a living trust, also known as a revocable trust, is a common part of estate planning and acts as a way for certain assets to avoid probate.
In this article, we answer the question, can a guardian create an estate plan on behalf of a ward in Illinois? In creating the estate plan, the guardian of an estate must create the estate plan in the way that the ward would have wished had he or she been of sound mind. In determining whether the estate plan meets this substituted judgment standard, the court will consider