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Our Services

01

Estate Planning

Planning for Everyone You Love and Everything You Have Do you know what would happen legally- to you, your loved ones, your money and everything else you care about – if something unexpected happened to you? If you have an estate plan and it’s out of date, your assets could be lost to the State Department of Unclaimed Property, or to an unnecessary Court process. If you don’t know exactly what would happen for everyone you love and everything you own, then the first step is to find out exactly what would happen, legally and financially, so that you can decide if the current state of your affairs is okay with you. How Do We Help You With Estate Planning? We conduct a Family Wealth Planning Session, where we spend time together and you’ll get informed. Before your Family Wealth Planning Session, you will complete a Family Wealth Inventory and Assessment, which will help you to get clear about what you own and what you have to think about when it comes to planning for the well-being and care of your loved ones and loved belongings. If you decide the current state of affairs is unacceptable, and if we both decide that it’s a fit to work together, then we can design an estate plan together that will best suit the needs of your family. The foundation of your estate plan will often include a revocable living trust; you transfer your property into this trust for your benefit during your life. One of the benefits of a revocable living trust is that, when done correctly and maintained over time, your estate plan should help your family to avoid the cost and delay of probate and minimize or eliminate estate taxes. For people with additional needs, we provide advanced estate planning services.[LINK TO ESTATE TAX PROTECTION SERVICE COPY] Can I DIY My Estate Plan? Unfortunately, most plans don't work because much of what passes for estate planning is little more than word processing. You are asked a few questions and then the drafter decides which "plan" is right for you, and fits you into a template. This is not estate planning; it is little more than a “search and replace” of your family’s name and then a hit of the “print” button which spits out form documents. We Are Professional Estate Planners Your Personal Family Lawyer® at [YOUR FIRM NAME] will educate you, take the time to get to know you, your family, your concerns, your goals and your issues and will gladly and patiently answer all your questions to produce an estate plan that is exactly right for you and will keep your loved one’s out of court and out of conflict. If you are a family with young children, then your estate plan should begin with a foundation that ensures your children would always be taken care of, no matter what happens. At [YOUR FIRM NAME], one of our areas of greatest expertise is protecting minor children.

04

Estate Tax Protection and Planning

You work your entire life to save and have enough money to comfortably retire—and ideally leave something for your loved ones when you pass away. During your life, you pay all kinds of taxes: income taxes, property taxes, sales taxes, and so on. And at the end, the government even wants to tax you on the assets you have left at your death. This is known as the estate tax, sometimes called the inheritance tax or death tax. The best way to protect your assets and your family’s future from excessive taxation is to hire an attorney who specializes in estate tax planning. The experienced estate tax planning lawyers at [ Insert Name of Firm ], can help you reduce — if not entirely avoid — the federal estate tax burden. HOW DOES THE ESTATE TAX WORK? The estate tax is totally separate from federal income taxes and is paid on the net value of all your assets owned at your death. However, there are fairly sizable exemptions to the estate tax, so it’s primarily high net-worth individuals and their families who are affected. That said, the estate tax rate is a whopping 40%, so we’re talking about potentially massive sums of money being owed by one’s heirs. And that bill must be paid to the IRS within 9 months of the decedent’s death. EXEMPTIONS TO THE ESTATE TAX Notably, President Trump’s Tax Cuts and Jobs Act of 2017 nearly doubled the allowable exemptions to the estate tax, ensuring that even fewer families will be affected: Estate tax exemption for individuals expanded from $5.4 million to $11.2 million. Estate tax exemption for married couples expanded from $10.9 million to $22.4 million. So unless your estate is valued at more than $11.2 million, you won’t have to worry about the estate tax at this time. But for those who are affected, there are numerous estate planning strategies available that can greatly reduce the amount owed. Our estate tax planning lawyers can advise you on the best options for your family. ADVANCED ESTATE PLANNING STRATEGIES Families with high-value estates face several complex legal and tax issues — and the estate tax is only one of them. At [ Insert Name of Firm ], we offer a number of advanced estate planning strategies that are primarily aimed at reducing a family’s tax burden. In addition to the estate tax, we also help families navigate the gift tax and generation-skipping tax to pass assets on for successive generations without risk of estate tax decimating the estate at each generation. Some of our most popular advanced estate planning tools and strategies include: Life insurance trusts Qualified personal residence trusts Grantor retained annuity trusts Asset protection trusts Land trusts Dynasty Trusts Family limited partnerships or limited liability companies Asset gifting ESTATE TAX PLANNING LAWYERS IN [ INSERT CITY, STATE ] You worked hard to build your family’s wealth and legacy, so it makes sense to put similar effort into protecting those assets—and that includes protecting them against excessive taxes. Contact the estate tax planning attorneys at [ Insert Name of Firm ] to minimize the potential tax burden faced by your family, so you can maximize the inheritance you pass to them.

02

Kids Protection Planning

KIDS PROTECTION PLAN Did you know that 69% of parents have not yet named guardians for their kids? And of the 31% who have, most have made one of 6 common mistakes? Click this link to review the 6 common mistakes most parents (and their lawyers!) make when naming legal guardians [ Link To 6 Common Mistakes Free Report ] and then schedule a Family Wealth Planning Session with us today, so we can fix those mistakes with you. [ Link To Online Scheduling Link ] HAVING A WILL ALONE SIMPLY DOES NOT ENSURE THE CARE OF YOUR KIDS IF THE UNTHINKABLE HAPPENS TO YOU! If you are a parent of minor children (or those with special needs) who are counting on you, your estate plan must begin with your children would always be taken care of by the people you want, in the way you want, no matter what happens. At [ Name Of Law Firm ], one of our areas of greatest expertise is planning for the well-being and care of the children you love. WITHOUT PROPER PLANNING, IF THE UNTHINKABLE HAPPENS TO YOU, HERE’S WHAT COULD HAPPEN: Your children could be placed into Child Protective Services (CPS) even if you have a will in place; even if you have a living trust while your legal documents or located or your family is identified. Or worse, your kids could be left in the care of the one person in your family you would never want raising them; A Judge who doesn’t know you, or your family, will decide who will raise your kids, even if it’s the last person you would ever want; Approximately 5% of the total value of your assets could be lost due to probate, a court process that can tie up your assets for months or years and deprive your kids of the resources they need to live comfortably; When your kids turn 18, they get a check for whatever assets are left – outright with no protection There are unscrupulous people who make it their business to review public records to find out what 18 year olds are coming into money; The vast majority of estate planning attorneys simply do not address these issues, and do not plan from a parent’s perspective. Yes, these things scare us too. That’s why we offer a Kids Protection Plan® with every estate plan we prepare for families with young children. WHAT IS A KIDS PROTECTION PLAN®? A Kids Protection Plan® is a set of instructions, legal documents and even an ID card for your wallet, which you need to have if you have kids at home who count on you for their well-being and care. If you are in an accident, your Kids Protection Plan® will make sure your children are never taken into the custody of Child Protective Services, strangers or the care of anyone you wouldn’t want because the authorities don't have clear instructions from you. And your Kids Protection Plan® will ensure your children are raised by people you choose, not someone chosen by a Judge who doesn’t know you. To get started with your Kids Protection Plan®, contact us. [ Link To Contact Us Page ] [ Insert Optin Page To Free KPP Landing Page Somewhere On The Page – Sidebar Or Bottom Of Page ] In 10 minutes, this FREE website will help you protect your kids if something unthinkable happens to you prior to creating your formal estate plan. This of it as the first step to ensuring your kids are raised by the people you want, in the way you want, no matter what.

05

Probate

If you are here to learn about Illinois probate after the passing of a loved one, we first want to say that we are very sorry for your loss. We hope that the information you find on this page will simplify any legal and administrative headaches you might otherwise face during such a difficult time. With that said, probate in [ Insert Area/State ] is a court-supervised procedure that helps to ensure the legal transfer of assets from the deceased to the rightful heirs or beneficiaries. Probate in [ Insert County ] County is also necessary to: Prove the validity of the will Appoint someone to manage the estate (The “administrator” if there is no will or the “executor” if there is one) Inventory and appraise the estate property Pay any debts or taxes (including estate taxes) Distribute the property as direct by the will—or by the state law if there is no will In [ Insert State ], if someone has $150,000 in total assets or real property valued over $50,000, they will probably have to have their assets probated. [Note: Update information per accurate info for your state] What’s so bad about probate in [ INSERT STATE ]... and what should I do next? Many residents in [ Insert County ] County have heard that probate is bad news. It tends to be very expensive, it’s time-consuming, and it’s also a public process. The easiest way to avoid the probate process is to plan; but if you are now in a situation where you must go through probate courts to finalize the estate of a loved one, the best thing you can do is get educated and get help to complete the process as quickly, and cost-effectively, as possible. How is a probate started in [ INSERT STATE ]? Although any beneficiary or creditor can initiate probate, normally the person named in the will as the Executor starts the process by filing the original will with the court and filing a Petition with the probate court. If there is no will, typically a close relative of the decedent who expects to inherit from the estate will file the Petition. How is the executor chosen? If the decedent had a will, the person named in the will as the Executor will serve, if eligible. If that person is unable or unwilling to serve as Executor, or if there is no Will, then any interested family member or person can petition the Court to be the administrator of the Estate. How does the executor get paid? [ Insert State ] law provides that the Executor gets paid according to a compensation schedule, based on a percentage of the assets of the probate estate. Could I Be Held Personally Liable For Making a Mistake as an Executor? Being an Executor is a big responsibility. [ Insert State ]’s probate code contains pages upon pages of complex legal rules and procedures that an Executor must follow during the probate. Also, there are certain deadlines that an Executor must meet in filing papers with the Court. If an Executor violates any of these rules, they can be held personally liable for losses to the estate. My loved one had a trust...will we need to go through probate? In most cases, no. If your loved one’s assets are owned in the name of a Trust, the family can contact a lawyer who will complete some paperwork and guide the loved ones through the process with ease without the need for court involvement. Unfortunately, many people who have a Trust think they have it all taken care of. But time and again, family members’ of a recently passed loved one come into my office and they find out they are facing the frustration, expense and delay of a probate, even though the person they loved had a trust. Why is that? Often the Trust was prepared many years ago and was never updated; and often, their loved ones’ assets were not owned in the name of their Trust. That is why it is so very important that you carefully choose your estate planning attorney and have regular reviews of your plan and assets so the planning you do now works as planned later. It’s why we do things so much differently than most other lawyers and law firms, here at [ Name of Firm ]. What Assets are Subject to Probate? Assets owned solely in the name of the deceased person are subject to probate. Assets that pass by means of title, such as real estate titled as “Joint Tenants with Right of Survivorship,” or bank accounts titled as “Transfer On Death” are not subject to the probate process. Assets that pass by means of a beneficiary designation, such as life insurance or some retirement accounts, are also not subject to probate. In some situations, however, assets that would otherwise pass by title or beneficiary designation can be subject to the probate process. Talk to an attorney if you have questions about your specific situation. How is Distribution of the Estate Handled if there is no Will? If there is no will or trust, the estate will be distributed according to [ Insert ] probate and intestate laws, which state that a person’s estate will be distributed in the following order: 1. Spouse 2. Children 3. Parents (if you have no children) 4. Siblings (if you have no children or parents). How long does Probate take? The length of time of a probate will depend on several factors. It usually takes a minimum of 12 months and can take up to two years or even longer for complex cases. [ Note: Update information per accurate info for your state ] How much does Probate Cost? Probate legal fees are set by state law ([ Insert State ] Probate Code Section [Insert Section ]) and are determined based on the size of the probate estate as follows: [ Note: Update information per accurate info for your state ] 4% of the first $100,000 3% of the next $100,000 2% of the next $800,000 1% of the next $9,000,000 ½% of the next $15,000,000 For all amounts above $25,000,000, a reasonable amount to be determined by the Court. The Personal Representative (i.e. Executor or Administrator) is also entitled to the statutory fee for their services. The [ Insert State ] Probate court can order additional fees for more complicated cases or extraordinary services. There are also court costs and filing fees, document certification and recording fees, and property appraisal fees. Getting Help: choosing the right attorney for your probate case The best way to ensure your probate is done right is to choose your attorney wisely. Do not assume that all attorneys are the same! Too many lawyers only “dabble” in probate or trusts. Don’t choose a lawyer who does probate as a sideline because these lawyers often blunder causing real problems for their client and their cases often take longer than those handled by experienced probate lawyers. You don’t have to use the attorney who prepared the Will either! Just because a particular attorney prepared the Will, this does not mean that attorney must handle the probate, nor are they necessarily the right person for the job. You need to be comfortable with the attorney and confident that they are the right attorney for you. Choosing your probate or trust lawyer is one of the most important decisions you will make. If you put in the time and effort to find the right lawyer, you will be rewarded with a skillful guide who will help you navigate the probate process. Contact [ INSERT LAW FIRM NAME ] for a complimentary post-death estate review If you’re ready to get started with the probate process after the passing of a loved one, please contact our experienced [ Insert County ] County probate attorneys at [ Insert Phone Number ] or use this link to schedule a complimentary 15-minute consultation [ Insert Link To Your Scheduler ] to help determine your next best steps. We are here in service to making this all as easy as possible on you. During this appointment, we will answer all of your questions about probate and guide you and your family through the next best steps. We are committed to helping you administer your loved one’s estate as quickly and efficiently as possible, and look forward to relieving any administrative or legal burdens you may face during this time of loss.

03

Asset Protection Planning

Nobody expects to be sued. Just ask the 20 million people involved in lawsuits last year. Divorce, inheritance, health issues, creditors, employees, theft, changing markets, malpractice suits, sexual harassment claims, natural disasters and disgruntled business partners are just a few issues that can result in devastating lawsuits for unprepared business owners. The highest level of risk falls on those who think they are immune. Americans are now more concerned than ever about protecting their assets from creditor claims, taxes, divorce and other disasters. Rightly so. The more success you have (especially in business, professional practice or real estate activities), the more at risk you are as others see your success grow. Here’s some of the “risky behavior” you may be engaging in right now: Will you be signing loan documents, a personal guarantee or a lease? Do you have rental properties or employees? Are you an attorney or physician? Do you work in construction or perform professional services? Are you getting married and have children from a prior marriage or separate property assets you are bringing into the marriage. Here’s the thing: all of these activities are activities we want to see you do more of! They are, in many ways, the spice of life. But we don’t want that spice to become too hot and impact your life negatively. That’s where we come in. We can set up your business and life structures to ensure that you can take maximum risk with minimum worry. We assist our clients in determining the appropriate level of asset protection planning for their particular circumstances. We will consider insurance, prenuptial agreements, asset segregation, choice of jurisdiction, gifting, LLCs, partnerships, corporations, and asset protection trusts. Customized combinations are layered depending on the needs of the client and as appropriate. There are many different strategies to accomplish the protection of your assets while you are alive and after you are gone. To find out which strategies may be right for you, contact us for a Family Wealth Planning Session.

06

Trust and Estate Administration

When a loved one dies it can be a confusing time in which you are in immense grief while also needing to make sure you handle all the technical details of locating assets, paying bills and making sure your loved one’s assets get to the right people, without conflict. We are here to help. Whether your loved one created a trust to hold their assets, or did not, he or she did have assets (called the estate of the deceased) that must be handled with careful attention and it’s critical that you work with a Family Business Lawyer® who can help you to do the right thing, minimize conflict and ensure the smoothest possible transition of assets. When someone creates a trust as part of their estate plan, they must name a trustee to ensure the trust’s terms are handled properly. These individuals must carry out all of the trust’s instructions, and they’re legally responsible for doing so within the scope of federal and state law. Such duties are known as trust administration. Serving in this capacity entails a huge level of responsibility and liability. What’s more, most people named as trustee will have limited, if any, background or experience in the legal and financial duties that come with administering a trust. In this case, the trust administration lawyers at [ Insert Name of Firm ] can work with the trustee to ensure the trust is administered properly and all legal requirements are satisfied. If there is not a trust or if not all assets have been properly titled in the name of a trust that was created, we can help your family through the process of estate administration, usually requiring a court process, called probate. If you are a beneficiary of an estate, or an executor or trustee, contact us for support in handling the transition of your loved ones assets as easily as possible. TRUST AND ESTATE ADMINISTRATION As your Personal Family Lawyer, we work closely with the family, beneficiaries, and other advisors to ensure the decedent's trust assets are collected, debts are paid, and the remaining assets are distributed to the named trust beneficiaries, or to the heirs of the estate. Depending on the type of trust involved, assets may be distributed outright to the named beneficiaries, or they might be held in trust for the future benefit of the named beneficiaries. If there is no trust, assets will either be distributed outright to heirs named in a will, or by statute, or held by a guardian named by the court until an heir reaches the age of majority. During this time, we may also need to have appraisals of major assets completed in order to get a clear picture of what the decedent's net worth was for estate tax purposes. Additionally, the title of trustor other estate assets may need to be changed to indicate new ownership by the named beneficiary outright or under a continuing trust. All of this can be hugely complicated and time consuming, but our trust and estate administration lawyers will transfer assets as quickly and smoothly as possible, resolve outstanding issues, and ensure that everything occurs within the applicable legal deadlines. TRUST AND ESTATE ADMINISTRATION SERVICES Below, we’ve outlined some of our most common trust and estate administration services. We can accomplish the following duties without unnecessary delay and with utmost respect for your personal privacy and your family relationships. Identification, collection, and determination of values of assets Payment of all debts, expenses, and taxes from estate and trust assets,with submission of regular accountings Advice as to disposition of jointly held assets, life insurance, and retirement benefits that pass outside a will or trust Preparation of state and federal, gift, generation-skipping transfer, and gift tax returns Notifying all heirs and beneficiaries of the trust or estate Communicating with beneficiaries Our primary objective is to make this process as easy as possible for you, and minimize the impact of going to court, while also keeping your family out of conflict. Trust & Estate Administration Lawyers in [ Insert City, State ] No matter how complex the trust or estate administration process may be, the trust and estate administration lawyers at [ Insert Firm Name ] will guide you every step of the way. We’ll work closely with personal representatives, executors, beneficiaries, and other fiduciaries to ensure the terms of the trust are carried out properly. At the same time, we’ll make the process as understandable and stress-free as possible for the trustee.

Contact

Kaplan Estate Law LLC

4631 N Lincoln Ave.

Chicago, IL 60625

Tel 312-833-2199

Email info@kaplanestatelaw.com

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