The Top Three Benefits of a Living Trust
The Top Three Benefits of a Living Trust by Michelle Fabio, Esq. It’s a given that you should have a written legal document distributing your assets at your death. Now the question becomes: should you have a will or living trust? It is estimated that only about... read morePrince’s death shows why you need a will
https://danthelawyer.com/princes-death-shows-why-you-need-a-will/
What exemptions are available when you file for bankruptcy in Illinois?
When you file for bankruptcy, whether it be through Chapter 7 or Chapter 13, you’re entitled to protect some of your property from being included as part of the bankruptcy estate, and subject to liquidation by your creditors. These are called exemptions. For... read more
Is Credit Counseling required before filing Bankruptcy?
Before filing a petition for bankruptcy under Chapter 7 of the Bankruptcy Code, a debtor must first take a credit counseling course within 180 days before you file. In addition, you must complete a course in debtor education after you file but before your debts are... read more
Can contributions to a 401(k) continue to be made during a Chapter 13 bankruptcy?
In re: Renita Sheri Hall, 12 B 43452, involved a case where a trustee objected to confirmation of a Chapter 13 plan because the debtor was continuing contributions to her 401(k). The trustee’s reasoning in objecting to the plan was that the debtor was not... read more
What happens when you administer an estate for someone who turns out to be alive?
In the Estate of Samuel Zagaria, 2013 IL App(1st) 122879, the Illinois Appellate Court for the 1st District, heard a case of a man who had gone missing for nine years and was presumed to be dead. Upon establishing a presumption of death, the Cook County Probate Court... read more
Forum on advances in Down Syndrome research in Libertyville on October 12, 2013
On October 12, at the Cook Memorial Library in Libertyville, at 9;00 am is the Kenneth Varney Educational series Free Fall Forum. The topic will be advances in Down Syndrome Research. I encourage everyone to attend. The main speaker will be Bob Schoen, the President... read more
Claims against the Estate in Probate not subject to the same rules of procedure in civil proceedings
An Illinois Appellate Court decision struck down a lower court case barring a claim against an estate because the circuit court ruled that the claim was not properly pled to allow the claimant to prevail. Justice Mary Schostak wrote the opinion of the Court. Schostak,... read more
Illinois Real Estate Law-Foreclosure defendants received sanctions for frivolous pleadings
In the case of Parkway Bank & Trust Company v. Victor Korzen and Tomas Zanzola, 2013 IL App (1st) 130380, we are treated to a 53 page dissertation on what not to do when defending a residential foreclosure lawsuit. A clearly exasperated appellate court, instead of... read more
Probate Law-Another reason not to appoint your lawyer as the executor of your will
In the case of In Re Estate of Burren, 2013 Ill App.(1st) 120996, the Illinois Appellate Court, First District, affirmed the ruling of Judge Susan Coleman in the Cook County Circuit court invalidating a will contested by the decedents heirs in which the... read more
Illinois Probate Law- Doctrine of election doesn’t apply where there are no inconsistent claims to property of the estate
In the case of In Re ESTATE OF BOYER, 2013 IL 113655, the Illinois Supreme Court deals with the old and little used legal doctrine of election in probate law. The case involved an man living in the Alzheimer’s unit in a nursing home in La Grange Park, and... read more
Bankruptcy Law-Chapter 13 creditor’s claim for second mortgage
In re: Stephen and Angela Brisco, 11 B 34774, involves an adversary proceeding where one creditor in a Chapter 13 Bankruptcy case, the Small Business Administration (SBA) is objecting to a proposed plan (not yet confirmed) in which it wouldn’t recover funds from... read moreShare:
