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So far Chicago Estate Lawyer has created 26 blog entries.

How to File a Power of Attorney for Health Care in the State of Illinois

By | October 14th, 2018|Estate Planning|

If you are facing a debilitating health issue, you may consider obtaining a power of attorney for health care. A power of attorney for health care is a document that grants people the legal ability to make health care related decisions on your behalf. In order to petition for a power of attorney for health care purposes, the following elements should be considered:   The appropriate power of attorney for health care form should be filled out. In the State of Illinois, there are two types of power of attorney forms available. One form concerns property and assets. The second [...]

Differences between a Conservator and a Guardian in Illinois

By | September 20th, 2018|Conservatorship, Guardianship|

In the State of Illinois, a conservator and a guardian are very similar roles. There are, however, important differences that you should consider when deciding what is the best role for your specific case. Seeking a conservatorship and a guardianship can both be useful under the following circumstances: In the event of a sudden illness In the event of an injury Due to a disability For each of these circumstances, the debilitating and restricting matter would place a person with the inability to make his or her own decisions about his or her personal affairs. This could include his or [...]

Aretha Franklin Dies Without a Will or Living Trust, $80M at Stake

By | August 23rd, 2018|Estate Planning, Probate|

Legendary singer and performer Aretha Franklin died on August 16, 2018, leaving behind a legacy of thousands of performances, and countless chart topping Jazz and R&B hits. What did she not leave behind? A will or living trust. When someone passes away without a will or living trust, they die “intestate”. This means that there are no official documents that instruct Franklin's heirs on how to distribute her assets. A recent Gallup poll suggests that only 44% of Americans actually have a will, which leaves the vast majority of people’s children responsible to dispose of their property when they die [...]

Obtaining a Guardianship in the State of Illinois: Understanding a Petition’s Preliminary Process

By | August 14th, 2018|Guardianship|

Seeking the legal guardianship of another person or of his or her estate can be a necessary tool for many parties. While advantageous, the process for petitioning for a guardianship can be difficult. Incorrectly filing for a guardianship can result in the denial of such which can be time consuming as well as financially straining. In order to seek the guardianship of another person or of his or her estate, it is important to understand the general overview of the petition process. Further, while petitioning for a guardianship can be submitted without the assistance of an estate attorney, the support [...]

Obtaining a Guardianship in the State of Illinois: Understanding the Qualifying Factors of a Guardian and the Importance of Seeking Legal Representation

By | July 11th, 2018|Guardianship|

Obtaining a Guardianship in the State of Illinois: Understanding the Qualifying Factors of a Guardian and the Importance of Seeking Legal Representation Seeking a guardianship can be a useful and important tool for many families or other parties. A guardianship can be granted for minors, and under specific situations, it can also be granted for those over the age of eighteen. In order to seek a guardianship for those over the age of eighteen, the individual needs to be disabled due to a mental decline, a physical disability, or a mental disorder. If you are unsure if a guardianship is [...]

Obtaining a Power of Attorney for Health Care in the State of Illinois

By | June 9th, 2018|Estate Planning, Wills & Trusts|

If you reside in the State of Illinois and are looking to obtain a power of attorney, you should know that there are two basic types of forms available. The first one is a power of attorney that will grant power to a person concerning your property and/or assets. The second one, which concerns health care, will be addressed in this article. (755 ILCS 45/) Illinois Power of Attorney Act "Sec. 2-1. Purpose. The General Assembly recognizes that each individual has the right to appoint an agent to make property, financial, personal, and health care decisions for the individual but [...]

Qualifying for a Court-Ordered Guardianship in Illinois

By | May 21st, 2018|Estate Planning, Guardianship|

A guardianship can be important for people to obtain for many reasons. A guardianship is necessary when a person in Illinois needs to manage the affairs of another individual who is typically referred to as a ward. Through this process, the overseer will be appointed by the Probate Court. The overseer can be an individual, an institution, or even an agency. This article will cover important factors to consider when deciding if seeking a guardianship is the right process for you. Who Would Typically Qualify for a Guardianship? The law in the State of Illinois will generally presume that individuals [...]