Estate Planning & Probate

Giffin, Winning, Cohen & Bodewes, P.C.'s estate planning attorneys provide clients in Springfield, Decatur, and throughout central Illinois with the necessary knowledge to make informed decisions regarding wills, trusts, probate, and related issues.  To that end, our attorneys keep abreast of the latest developments in the trust and estate field, both nationally and on the state level.  After a thorough review of the client's wishes and financial status, our estate planning lawyers prepare wills and trusts, living trusts, and powers of attorney that meet the client's needs, and minimize the tax implications for all concerned.  We carefully consider various contingencies, such as the possibility of future incapacity or disability, and work closely with our clients to provide a secure plan for the future. 

ESTATE & TRUST ADMINISTRATION

At Giffin, Winning, it is our goal to make the administration of the deceased person's estate as easy as possible.  Our attorneys recognize that the passing of a loved one is a difficult time, and will handle the preparation of all necessary probate documents and assist the estate representative through each step of the probate process.  If the decedent's assets are held in trust, our lawyers will counsel the trustee on how the trust is to be administered, in addition to advising the representative on whether estate taxes will be owed. 

WILL CONTESTS

Are you concerned that your loved one's estate plan did not reflect their true intent or believe that the will violates a previous contractual agreement?

The attorneys at Giffin, Winning have represented numerous heirs who had concerns about the validity of a will or trust.  If you are concerned that your lost family member was under duress or lacked proper mental testamentary capacity when an estate plan was changed, please contact the firm.  Your rights to challenge the estate administration may expire unless you act promptly.

ESTATE CLAIM LITIGATION

Money that is owed by a deceased person generally becomes a debt of his or her estate.  The person or entity owed money has the right to file a claim against the estate in Probate Court and ask for payment.  However, the estate representative has the obligation to defend the estate against any questionable or invalid claims. 

The attorneys at Giffin, Winning have vast experience handling litigation associated with claims against estates.  If you have a claim against an estate or are responsible for an estate against which a claim has been filed, one of our attorneys will counsel you on your rights and help you to develop an appropriate course of action based on your needs.

GUARDIANSHIP OF DISABLED ADULTS

Facing the fact that a family member can no longer make his or her own decisions is difficult for any family.  The attorneys at Giffin, Winning have helped many families in this situation by providing both legal and practical guidance.  Guardianship issues may involve financial questions, healthcare concerns, or both.  In some emergency cases, a temporary guardianship may be obtained in a matter of days.  However, the better plan is to find legal counsel before a crisis situation arises.  In addition to obtaining guardianships when needed, our estate planning team often represents families in advance planning to avoid guardianship issues through the use of powers of attorney and living trusts. 

CHARITABLE GIVING

Attorneys at Giffin, Winning are actively involved with numerous charities as donors, board members, fundraisers, volunteers, and of course, as legal counsel.  This intimate knowledge of the charitable and non-profit world is invaluable in assisting clients with charitable giving matters.  Sometimes the charitable giving is done during life, which may give rise to issues related to gift tax, income tax, trusts, endowment funding, and other issues.  Charitable gifts made as part of an estate plan also give rise to concerns about estate taxation.  For those who are charitably-minded, there are many vehicles available to delay capital gains on appreciated assets and obtain income tax benefits while benefiting the charity of your choice.

Please contact us for assistance on the legal issues arising from charitable giving.  In addition, if it is helpful to you, our attorneys will share practical ideas from their own experience and introduce you to others in the non-profit community who can help you best carry out your charitable wishes.  One example is the Sangamon County Community Foundation, which helps generous people impact the causes that are important to them, all for the benefit of our local community.  Many other organizations are similarly available to assist with your charitable wishes, whether it involves creating a scholarship, funding an endowment to benefit the arts, assisting the homeless, protecting the environment, or whatever else is important to you.

TAXATION -- INDIVIDUAL

Attorneys at Giffin, Winning regularly work with clients to respond to tax audits at the federal, state, and local level.  Our firm can assist in responding to audits and tax contests through either the administrative process or through litigation to support the position of the taxpayer.

SEEK EXPERIENCED LEGAL REPRESENTATION

For advice and representation in all estate planning and probate matters from the simple to complex, contact Giffin, Winning, Cohen & Bodewes, P.C. for legal counsel from a team of attorneys with abundant knowledge and experience helping individuals and families throughout central Illinois with their estate planning needs.