When a guardian has been appointed for a person with a disability (the “ward”) there are sometimes disagreements as to that person’s care. These disagreements are usually between the guardian and the other relatives of the ward. Sometimes a guardian may attempt to push the limits of their power by blocking…
When a guardian is appointed for a person with a disability (the “ward”), the guardian is required to follow certain guidelines. There are two types of guardianships in Illinois, and they each have different rules to follow. The first is “guardianship of the person.” The guardian of the person is…
Many times clients will call our firm and state that they need a Power of Attorney for their elderly relative because he/she has dementia or some other condition which causes diminished capacity. Unfortunately, depending on the current mental capacity of the relative, it may be too late for them to sign…
Children under the age of 18 cannot directly inherit more than a small amount of money. If you make no provisions in your Will, a court will appoint a property guardian to manage your child’s assets until he reaches 18. The property guardian may be a stranger who will add…
A holding by the U.S. Supreme Court in Kennedy v. Plan Administrator for DuPont Savings and Investment Plan, et al. makes clear the importance of keeping on top of estate planning matters. In that case, a divorced father did not take all of the steps necessary to change with is…
An individual takes on legal responsibilities when he agrees to be a trustee. If the trustee does not perform his duties properly, he could be personally liable. A trust is a legal arrangement through which one person (or an institution, such as a bank or law firm), referred to as…
If you are caring for your mother or father, you may be able to claim your parent as a dependent on your income taxes. This would allow you to get an exemption for her or him. There are five tests to determine if you can claim a parent as a…
Many people believe that if they have a Will, their estate planning is complete. But there is much more to a solid estate plan. A good plan should be designed to avoid probate, save on estate taxes, protect assets if you move to a nursing home and appoint someone to…
There is a lot of information your heirs should know which does not necessarily fit into a Will, Trust or other component of an estate plan. The solution is a Letter of Instruction which can provide your heirs with guidance if you die or become incapacitated. A Letter of Instruction…
Social Security provides benefits to a worker’s spouse or ex-spouse and to a deceased worker’s surviving spouse. Spouses are entitled to benefits if the marriage lasted at least 10 years. A spouse is entitled to an amount equal to one-half of the worker’s full retirement benefit. To receive this benefit,…