General Blog
Recently an Illinois appellate court determined whether the following was actionable defamation: “(He) pocketed the money”; Was a “corrupt director”; “Used bully tactics to try gain yet more money”; “Failed to give the deliverable that was contracted for”; and Was operating a “fraud machine”. What do you think? If your answer is yes, you would be wrong according to the…Read More
Most employers have been counseled and are very careful with respect to any statements that are authorized to be made concerning the termination of an employee. However, there are exceptions. Recently an Illinois Appellate Court affirmed a jury verdict awarding a terminated employee $2 million in compensatory damages and $6 million in punitive damages (the jury awarded $10 million which…Read More
Most people are under the impression that a mentally incompetent person is incapable of creating a will and/or trust. In fact, under Illinois statutory and case law, a disabled, incompetent person is capable of establishing an estate plan through a surrogate decision maker and with the approval of the probate court. A recent Illinois appellate court decision confirmed this principle.…Read More
Both houses of the Illinois General Assembly have passed legislation to amend the Illinois statute which provides for the exemption of personal property of individuals from judgment, attachment or distress for rent. NEW ILLINOIS EXEMPTION: PERSONAL PROPERTY Both houses of the Illinois General Assembly have passed legislation to amend the Illinois statute which provides for the exemption of personal property…Read More
As a matter of public policy a party who suffers damages by reason of the breach of a contract to perform an illegal act may not recover damages. For example, if two parties enter into a contract to engage in a transaction the essence of which is in the essence of which is in violation of existing law, and one of…Read More
The IRS has released final regulations that reflect the holdings of Obergefell v. Hodges, a 5-4 decision of the United States Supreme Court, which declared that same sex couples are guaranteed the right to marry by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. The regulations define terms in the Internal Revenue Code describing…Read More
In prior years, it has often been my experience that the only asset remaining in a deceased person’s estate that requires probate is the decedent’s personal residence. As of January 1, 2012, this circumstance can now be eliminated and probate avoided. Illinois has joined 16 other states, including its neighbors Missouri, Indiana and Wisconsin, in adopting a Residential Real Property…Read More
As an estate planning practitioner, I have advocated the practice of periodically reviewing one’s estate plan in order to give due and current consideration to possible changes in a client’s family relationships and business circumstances. These changes occur much more frequently than most people believe, and it is imperative that such a periodic review become a part of an individual’s routine. One…Read More
Due to the surprising victory of Donald Trump and the success of the Republican party in the November election, many people may have come to the conclusion that they can put their efforts at establishing or updating their estate plans further back on the back burner for the reason that Republican control of the executive branch and Congress will spell…Read More
Transferring Residential Property Upon Death-In prior years, it has often been my experience that the only asset remaining in a deceased person’s estate that requires probate is the decedent’s personal residence. AVOIDANCE OF PROBATE: Transferring Residential Property Upon Death In prior years, it has often been my experience that the only asset remaining in a deceased person’s estate that requires…Read More