By Matthew A. Quick
In the case of Dougherty v Cole, Jr. the Defendant was convicted of first degree murder of his mother, by reason of insanity. His sister filed a petition to bar him from taking property under mother’s estate per Slayer Statute, and filed wrongful death action against him. Slayer Statute contains no exception [...]
Entries Tagged as 'Probate'
Insanity and the Slayer Statute (Illinois)
September 3rd, 2010 · No Comments · Probate
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Adoption Records (Illinois)
September 3rd, 2010 · No Comments · Estate Planning, Family Law, Probate
By Matthew A. Quick
Public Act 96-895, as of May 21, 2010, gives adults that were adopted access to their original birth certificates. For those born before January 1, 1946, they may access their original birth certificates immediately and for those born after January 1, 1946, they may access their original birth certificates after November [...]
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Mutual Wills (Illinois)
August 31st, 2010 · No Comments · Estate Planning, Probate
By Matthew A. Quick
In the case of Ernest v Chumley, step-children filed a complaint against their step-mother to determine their rights under a mutual will. A mutual will is generally regarded as one of two reciprocal wills that makes promises regarding the distribution of property upon the death of one of the spouses. This [...]
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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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Will Depository (Illinois)
September 23rd, 2009 · No Comments · Estate Planning, Probate
By Matthew A. Quick
Public Act 96-137 authorizes the Secretary of State to act as a depository for wills and trust documents that a lawyer is safekeeping, but does not know how to contact the person who created the will or trust. In order to deposit the will or trust, the attorney must certify that [...]
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Do-Not-Resuscitate Orders (Illinois)
September 3rd, 2009 · No Comments · Estate Planning, Guardianship, Probate
By Matthew A. Quick
The Health Care Surrogate Act with regard to a Do-Not-Resuscitate Order (also known as a “DNR”), to wit, Chapter 755 of the Illinois Compiled Statutes, Act 40, Section 65, now only requires one witness to the signing of the Do-Not-Resuscitate Order instead of two witnesses; but requires the witness to attest that [...]
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The Prudent Investor Rule (Michigan)
July 20th, 2009 · No Comments · Estate Planning, Guardianship, Probate
By Matthew A. Quick
The actions of a personal representative, guardian, conservator or trustee, or a successor of them, are governed by the Michigan Prudent Investor Rule, unless specifically excepted or restricted. MCL 700.1501, et seq; MCL 700.1104(e); MCL 700.1502. The Michigan Prudent Investor Rule, to wit, MCL 700.1502(1), provides:
A fiduciary shall invest and [...]
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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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