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Matthew A. Quick, Esq.

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Entries Tagged as 'Special Needs Planning'

The Estate, Issue Six

April 30th, 2010 · No Comments · Estate Planning, Special Needs Planning

By Matthew A. Quick
HIPAA
-Preface-
Welcome to the sixth issue of The Estate—the quarterly note intended to give access to easy-to-understand information and news involving real estate and estate planning.
For your convenience, and in the interest of our environment, The Estate is offered in digital form via e-mail. If you would like to receive The Estate [...]

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Transfer of Vehicle Outside of Probate at Death of Owner (Michigan)

December 9th, 2009 · No Comments · Estate Planning, Probate, Special Needs Planning

By Matthew A. Quick
Michigan law allows for the transfer of vehicles of deceased owners outside of the probate process with Secretary of State form TR-29. The controlling law, MCL 257.236(2), provides:
If an owner of 1 or more vehicles, which vehicles do not have a total value of more than $60,000.00, dies and the owner [...]

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Real Estate and a Certificate of Trust Existence and Authority (Michigan)

December 9th, 2009 · 1 Comment · Estate Planning, Real Estate, Special Needs Planning

By Matthew A. Quick
As provided in MCL 565.431, et seq., a certificate of trust existence and authority (referred to as a “certificate of trust”) or the entire trust declaration may be filed at a register of deeds office. Filing either a certificate of trust or the entire trust declaration when real property is placed [...]

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Powers of Attorney and Living Wills (Illinois)

December 8th, 2009 · No Comments · Estate Planning, Guardianship, Special Needs Planning

By Matthew A. Quick
A health care power of attorney appoints an agent to act on a patient’s behalf when he or she is unable, pursuant to a list of directives. On the other hand, a living will sets out a list of wishes, but does not give anyone the power to act on a [...]

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Trust Subject to Attorney Approval (Illinois)

December 8th, 2009 · No Comments · Estate Planning, Special Needs Planning

By Matthew A. Quick
In light of the recent holding in Dunn v Patterson, Nos. 3-07-0881, & 3-08-0350, estate planning documents that do not allow amendment or revocation except with the drafting attorney’s consent or upon order of court are not void as against public policy. The Court noted that it is reasonable for an [...]

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Court Revoking Real Estate Contract for Disabled Person (Illinois)

December 3rd, 2009 · No Comments · Guardianship, Real Estate, Special Needs Planning

By Matthew A. Quick
In light of the recent holding in Perry v The Estate of Irene Carpenter, equitable considerations are a proper basis for a court to set aside a contract for sale of a disabled person’s home, especially where circumstances indicate fraud and unfairness. As held in previous cases, “Courts are under a [...]

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Powers of Attorney and Medical Records

November 27th, 2009 · No Comments · Estate Planning, Special Needs Planning

By Matthew A. Quick
Pursuant to the Illinois Health Care Surrogate Act and the Illinois Power of Attorney Act, to wit, 755 ILCS 45/4-7(a) and 755 ILCS 40/15, respectively, and the Michigan Estates and Protected Individuals Code, to wit, MCL 700.5506, a Power of Attorney delivered to a person’s physician is made part of the person’s [...]

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Letter of Intent

September 22nd, 2009 · No Comments · Estate Planning, Special Needs Planning

By Matthew A. Quick
A Letter of Intent is a document prepared by a caretaker of a loved-one with special needs and details his or her past, present and future information. A Letter of Intent can give information and instructions on medical care, personal care, education, religion, recreation, general needs and preferences, and any other [...]

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Supplemental Needs Trust

September 22nd, 2009 · No Comments · Estate Planning, Special Needs Planning

By Matthew A. Quick
A Trust is a legal arrangement in which legal title of property is given to a person or entity (referred to as the “trustee”) to hold for the use and benefit of another person (referred to as a “beneficiary”). A Trust contains instructions that the trustee is bound to follow in [...]

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Guardian v Conservator of an Adult (Michigan)

July 9th, 2009 · No Comments · Estate Planning, Guardianship, Probate, Special Needs Planning

By Matthew A. Quick
When people cannot care for themselves, others are required to help. If Powers of Attorney, Patient Advocate Designations or Living Wills have not been executed (meaning no one has been appointed to help) then people must rely upon a Court to select someone. A Court will choose anyone who is [...]

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