James Cummings Siebert’s Answers

James Cummings Siebert

Arlington Heights Elder Law Attorney.

Contributor Level 10
  1. I was told by a relative that even tho I have a will, my estate will go to probate at my passing.

    Answered over 2 years ago.

    1. James Cummings Siebert
    2. Barry Cahn Boykin
    3. Joseph M. Masiuk
    4. Matthew Allan Quick
    4 lawyer answers

    You need to discuss your individual circumstances with an Estate Planning Attorney. Your relative is generally correct, a Last Will and Testament does not avoid probate. A Will is more of an expression of your desires regarding your Estate which desires will be carried out through the Probate process. If your Estate is less than $100,000 and does not include real estate, your estate can be distributed outside of Probate using a small estates affidavit. If your estate is larger or includes...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. When step-dad's trust money runs out, will mom be responsible to pay nursing home debt?

    Answered about 1 year ago.

    1. James Cummings Siebert
    2. Joseph Andrew Brabender IV
    3. Judy A. Goldstein
    4. Judith Anne Schening
    5. Vance Tate Davis
    6. ···
    6 lawyer answers

    As an Elder Law attorney I am in agreement with the other Attorneys all of whom have advised you to immediately retain the assistance of an experienced Elder Law Attorney. Your mother’s situation is very complex. I will not go into each of the issues which must be addressed, but will highlight several in general terms. In Illinois, the spouse’s assets are considered when determining Medicaid eligibility. So based upon the information in your question, as it stands because of your mother’...

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  3. Probate Estate Law

    Answered over 2 years ago.

    1. James Cummings Siebert
    2. Judy A. Goldstein
    3. David L. Carrier
    3 lawyer answers

    You need to hire an experienced Elder Law Guardianship and Probate Attorney. On what information do you base your statement "She is unable to make any decisions concerning her finances". If this is something that her Doctor has said ? If she is really not capable, in Cook County you would have the Doctor complete form CCP211 which is the Docotr's statement of her capacity. This document must be completed and attached to any Petition for Guardianship of her Estate, which would be the logical...

    7 lawyers agreed with this answer

  4. Do I need to petition court for power of attorney if wife is deemed incompetent at a mental institution ?

    Answered over 1 year ago.

    1. James Cummings Siebert
    2. Judy A. Goldstein
    3. Lawrence A Friedman
    4. Kelly Scott Davis
    4 lawyer answers

    I believe you are confusing various legal terms which though related have different meanings. First, competency is a legal issue not a medical one. In addition there is more than one definition of competency, thus an individual can be competent as to one task but not competent as to another. I am not sure if it is you who has a misunderstanding or the medical professionals who you are dealing with who have the misunderstanding. All the other Attorney responses are correct in that your...

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  5. Can we sue a nursing home for my grandmothers bed sore?

    Answered over 1 year ago.

    1. James Gregory Las Cola
    2. James Cummings Siebert
    3. Judy A. Goldstein
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Yes, you can sue the old nursing home for your grandmother getting bedsores; however you must show negligence on the part of the nursing home. Nursing homes are required to prevent the development or worsening of bed sores. Nursing homes are obligated to identify individuals at risk for bed sores and form and implement a care plan to prevent bedsores also known as pressure ulcers. There are numerous risk factors for the development of pressure ulcers. Nursing homes can prevent the formation of...

    6 lawyers agreed with this answer

  6. My father was the beneficiary to his girlfriends life insurance policy

    Answered over 2 years ago.

    1. James Cummings Siebert
    2. Judy A. Goldstein
    3. Daniel Todd Fleischer
    4. Steven J. Fromm
    4 lawyer answers

    Title insurance is a contractual agreement so everything depends upon the terms of the policy. First, it depends upon how your father was named as benficary. If the beneficiary clause reads something like " Joe Smith, per stirpes or Joe Smith, and if he is not living to his lineal descendants" then it would be possible you were entitled to some if not all of the proceeds. However, that is not a common designation. Normally it would just be your father's name, and unless indicated to the...

    6 lawyers agreed with this answer

  7. Why is it hard to prove elderly abuse after they both are deceased when a complaint had been filed.

    Answered over 1 year ago.

    1. James Cummings Siebert
    2. Judy A. Goldstein
    3. Kelly Scott Davis
    3 lawyer answers

    Elder abuse is a criminal action and must be pursued by the States Attorney's office. As a criminal matter the charges must be proved beyond a reasonable doubt, which is a very high standard to meet. It may be difficult to prove without the testimony of your Aunt or Uncle. The lady will undoubtedly testify that either she did not do it or that it was done with your Aunt an:d Uncle's permission. While your Aunt and Uncle may have told others about the matter, those individuals will probably be...

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  8. Will the purchase of a principal residence and or a principle vehicle be exempt from Medicaid rules if I am disabled?

    Answered over 1 year ago.

    1. Paula Brown Sinclair
    2. James Cummings Siebert
    3. Lawrence A Friedman
    4. Kelly Scott Davis
    4 lawyer answers

    You can do we several different things with the inheritance including what you asked about. You might want to consider a self funded pooled trust. While a house is nice, the cost of a house and the upkeep might be too great for an inheritance of the size you are receiving. A car is nice if you really need it, but how long will it last. Money put into a pooled trust could be used by you during your lifetime without negatively impacting your benefits with Medicaid having a lien on it but only to...

    5 lawyers agreed with this answer

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  9. Do wills with assets under $ 30,000 have to be filed in Illinois

    Answered over 2 years ago.

    1. James Cummings Siebert
    2. Paul A. Smolinski
    3. Judy A. Goldstein
    3 lawyer answers

    Yes file the Will with the Clerk of the Court in the County of your bother's residence at the time of his death. If you do not want to tell the ex-wife anything, you do not have to. She will be able to get a copy of the Will once it is filed, but she can figure that out herself. In regard to the other issue the first question is what type of property are the assets and how are they titled. If the assets are already titled in the name of trust, then all you need to do is contact the...

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  10. Does gifting/quick deeding "count" if filing information was partly wrong? How can we fix?

    Answered over 1 year ago.

    1. James Cummings Siebert
    2. Stephen Ross Cohen
    2 lawyer answers

    The deed you described does not transfer the farm as it does not correctly describe the property to be transferred which is an essential element of a valid deed. The easiest way to correct this error is to re-file the Quit Claim Deed as a Corrected Deed to reflect the correct legal description and tax identification number. If Dad does not need to go into a nursing home or otherwise need Medicaid benefits within five years thereafter then this should take care of the problem for the most part....

    5 lawyers agreed with this answer

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