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Kevin Gilbert Drendel

Kevin Drendel’s Answers

30 total

  • Billing for "review of file".

    I became the trustee of my mother's estate. I was uncomfortable doing the 1041 tax return. I retained a law firm to do the 1041. They reviewed the final expenses I paid, and how the assets were distributed to the heirs, and found no problem. I...

    Kevin’s Answer

    Certainly some review is in order. When you say "each month", how many months do you mean? Why is that all they have done? Why is it the same charge every month? Something is not adding up (other than the bills!). You should expect much better service than that and much more detail of what the firm is doing. I would also question why is it taking so long to do the 1041. Is this a firm experienced in handling estates and filing tax returns? I think you need to get a lot of answers, and if the answers are not adding up, go find another attorney!

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  • Quasi POA. Can my trusted friend begin settlement talks with the condo board/mgmt if I sign a simple note allowing him as agent?

    I will make the final decision and cut the check at the end of the week. Time is of the essence, plus I can't find a witness to sign a power of attorney. I work all day. My friend is good at doing the talking and dirty work. Thank you.

    Kevin’s Answer

    Generally speaking, only an attorney can represent another person in front of a board, tribunal or court. An exception is when agency has been granted pursuant to a Power of Attorney. A written note will not likely be honored for that purpose.

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  • I am divorced and have 3 children my parents are still living and have 1 sister and 3 brothers

    however i have a friend whom i want to give poa to . my children and parents live in different states. will my friend have any problems with my living relatives on my wishes if i give her poa do i need to send them all copies of my living will so ...

    Kevin’s Answer

    I do not disagree with the other answers, but I am not sure what you are trying to accomplish, and those answers might not be helpful depending on what you are really asking. A little understanding may be helpful. First, a POA (property and/or health care) is only effective during your life. If you want to use it to provide instructions for the guardian of your children and who gets your assets when you die, a POA will not accomplish those goals. If you become unable to make your own decisions and manage your own affairs during your life, a POA allows you to name a person who can make decisions for you and manage your assets (pay your bills, etc.). You could express your preference for a guardian of your children in a POA, but a court is not required to honor that preference. To begin with, the father of the children will be assumed to be the person who should have custody of the children unless he is unfit. Unfitness is not something you get to decide. As a practical matter, if your friends steps in and takes care of the children (if the father does not or won't), your friend could gain some standing to be considered the guardian of the children after sufficient time passes; but, ultimately, the determination of who should have custody/guardianship of the children will be a court decision if anyone objects to your friend. These are complicated issues and different facts and circumstances will affect the options that you have.

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  • Former employer issued me a 1099, though I was a full time employee, and now the IRS says I owe back taxes. do I fight this

    I was owed vacation pay and a severance package from former company. The company, through a third party accountant, issued me a 1099. I never received the 1099 from the company, hence when I went to have taxes done, never reported that money. I...

    Kevin’s Answer

    There may be a larger issue here for you to pursue. That fact that YOU thought you were an employee and the employer treated you like an independent contractor indicates that there is a problem, and it may be your employer's problem! The State of Illinois has been cracking down on employers who mis-classify employees in the last few years. It sounds to me like there is a legitimate question whether the employer should have been treating you like an employee (and withholding). I am providing you a link to the Illinois Department of Labor website where you can get further information on the issue and seek a determination whether you were improperly classified as an independent contractor.

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  • Approximately how many hours on average will I need to spend with a lawyer to form my LLC?

    I know everyone will just say that I definitely need a lawyer, so I am skipping that part. How many hours will I need to be with a lawyer to successfully create the LLC? Will I need him/her after that (assuming no lawsuits or legal problems)? I kn...

    Kevin’s Answer

    You should really do your homework. I do not think you are ready to launch into business yet. Organizing an LLC is the easy part, as one responder said, but there are so many things you need to know to lay a strong foundation for what you want to do. Do you have a business plan? An idea is not enough. There are many resources available for people like you. Many community colleges have small business centers with funding to provide consultation and business serviced for fledgling entrepreneurs. They can help you develop a business plan. The Secretary of State has basic information online regarding the formation of LLCs. Learn as much as you can about how to set up a business AND sustain a business before you meet with an attorney. If you wait until you know everything, you will never get started, but you need to have some basic understanding before you start. An educated client is the best client; and an educated client will understand when an attorney should be used and how best to use an attorney efficiently.

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  • Estate Settlement Law

    In an estate settlement, is there a law where you can claim 25% more from the settlement if this money is what you need to live on. I am disabled and do not work.

    Kevin’s Answer

    The other attorneys are right. What settlement? Is this a personal injury matter? Estates are not "settled"; they are administrated, and the rules of administration are a combination of whatever directions have been established by the person whose estate it is (by Will, Trust, etc,) and state law. Like the other people who have responded, a lot more detail would be needed to provide you an answer.

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  • Should I threaten to sue?

    So my doctor waited 6 months to bill my insurance. My insurance denied the claim because Of timing issues.. If I threaten to sue will they drop the bill? Also the dr I was seeing gave me false medical information making me leave the practice that'...

    Kevin’s Answer

    One alternative that may have more likelihood of success is to call and explain the denial, based on delay in processing the claim, and ask for them to discount the bill. Litigation, or threatening litigation, is not always the best option, and it is definitely not the first option that should be tried.

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  • Do you recommend a trust?

    Wife and I live in Illinois. Our children are the beneficiaries of everything we have. If we passed away daughter would have to sell condo(not old enough to live here). Does she have to have probate done or do you recommend a trust? Thank You

    Kevin’s Answer

    Having children as beneficiaries of everything will avoid probate for those assets IF they survive you. In that sense, it is a very limited "plan". If your daughter is under age, and if you want her to be able to continue in the house, you will need to provide for that in a Will or a trust. Trusts are better estate planning tools for many reasons. They are a bit more expensive to set up, and it requires more effort from you, but they allow you much better control over the "what ifs" and will save a lot of time and money when you are gone.

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  • I have two sons, in which their father passed away mothers day weekend. what is there legal advise to their fathers property.

    Their father lived with a woman n life ins.was left to her,so her make believe attorney says the property needs to be split 1/3. so property was split this way, But now she wants the value of a trailer that my son got. whats their legal rights to ...

    Kevin’s Answer

    I agree with Judith. I would advise them to gather all the information and documentation they have and consult with an attorney who handles estates, the sooner the better.

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  • Not a living trust. Can I pay off home.

    Mom and dad passed. I am allocated so much money month. Can i. pay off home with deed as security

    Kevin’s Answer

    Everything depends on what the Trust says. A trustee must follow the express terms of the Trust and do what the Trust says unless the Trust gives the Trustee the discretion to make certain decisions. You are entitled to see a copy of the Trust. You may ask for one if you do not have a copy. Once you have a copy, you should see an attorney who can review it and advise you.

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