Category Archives: Illinois Cases & Statutes
Pets as Property: Testamentary Freedom vs. Public Policy
Some people consider, and treat, pets as their children. We love our furry friends and care for their well-being. Pets can, and often should be, part of an estate plan (Illinois even allows for pet trusts — a topic for a future blog). But there is an important legal distinction between pets and children…. Read More »
Ernie Banks and the Illinois Disposition of Remains Act
First, a confession: I am a lifelong die-hard Cubs fan (an inherited condition). Yes, I know, that can take a toll on one’s mental health. And yes, I actually do believe that ‘next year’ could be this year. Or at least next year. No player embodies Cubs baseball more than the legendary Ernie Banks…. Read More »
Class Gifts, Later-Born Grandchildren, and the Ambiguous Ambiguity
One of the challenges in estate planning is making and expressing decisions now within documents that may be ultimately administered and interpreted many years down the line — sometimes under changed circumstances. In some situations, this planning requires a great deal of forethought, nuance and flexibility to achieve goals. Certain changes are fairly easy… Read More »
Article by Jeffrey R. Gottlieb Published in Illinois Bar Journal
The January 2015 edition of the Illinois Bar Journal features a lead article written and published by yours truly, entitled “A New Weapon Against Elder Abuse: Presumptively Void Transfers to Caregivers.” CLICK HERE FOR A PDF OF THE ARTICLE The construct for the article began right here as a blog post on September 2,… Read More »
20 New Illinois Laws to Know for 2015
Happy New Year! As the new year rings in, so do new Illinois laws taking affect. Roughly 220 new Illinois laws went into effect on January 1, 2015. Most are mundane and relatively uninteresting. But there are quite a few noteworthy new laws this year. Briefly summarized below (with links to the statute) are… Read More »
Illinois Power of Attorney for Health Care Gets Makeover in 2015
It seems like just yesterday that I was revising our forms and explaining the brand-new ‘Illinois Statutory Short Form Power of Attorney for Health Care’ (“PAH”). Three years goes by quickly. Apparently, the legislature had second thoughts about the July 2011 rewrite because they’ve yet again rewritten the Illinois statutory form PAH. On August… Read More »
New Illinois Small Estate Affidavit Coming in 2015
A significant change is coming to the small estate affidavit form and procedure in Illinois. On August 1, 2014, Governor Quinn signed into law an amendment to the Small Estate section of the Illinois Probate Act (755 ILCS 5/25-1) that changes the small estate affidavit form and procedure (statutory additions and deletions shown at… Read More »
New Illinois Law Questions Bequests to Non-Family Caregivers
On August 26, 2014, Illinois Governor Pat Quinn signed into law a brand new section in the Illinois Probate Act, at 755 ILCS 5/4-a, entitled “Presumptively Void Transfers.” While the intent of the new law is aimed squarely at non-family caregivers who may abuse their position by exercising undue influence, the law could have… Read More »
Illinois Same-Sex Marriage Law Now In Effect Statewide
On November 20, 2013, Illinois Governor Pat Quinn signed a law legalizing same-sex marriage in Illinois. While some counties began implementing the law prior to its effective date, the law went into full effect on June 1, 2014. After several years of failing to pass similar legislation, this legislative accomplishment followed on the heels… Read More »
Gift by Poetry: Dogged Unfairness or Poetic Justice?
In honor of April Fools Day (and National Poetry Month), today’s post reviews a new Illinois appellate court decision that seems like a spoof (or a law school exam question) — but isn’t. There are usually a handful of Illinois cases each month dealing with estate or trust issues. Many involve esoteric procedural matters… Read More »