Archived
Does "administrative" judge have authority to send plaintiff to jail and fine her? Is this a free speech violation?
Judith's answer
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Answered on July 10, 2013
An "administrative" judge is still a judge and has complete dominion and control over his/her courtroom. If the bailiff announced "all rise" and...
Do you have to distribute the trust agreement to the beneficiaries?
Judith's answer
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Answered on July 10, 2013
If your aunt is a beneficiary under the trust, then yes, you must provide her with a copy. If she is not a beneficiary of the trust, then you are...
Can an attorney representing an estate in probate also represent some, but not all of the heirs? Is this a conflict of interest?
Judith's answer
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Answered on July 10, 2013
The attorney has a duty to represent the estate in a manner consistent with the best interests of the estate beneficiaries. If filing a paper on...
Archived
Any lawyer
Judith's answer
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Answered on July 09, 2013
If you previously posted a question which did not get answered, and are trying to follow up with this question, your original question is not...
Archived
Can some one sure me after he give me full power of attorney over his bank account?
Judith's answer
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Answered on July 09, 2013
Yes, you can be sued for breach of fiduciary duty if you used the funds in his bank account for anything other than as he directed in the power of...
Archived
Following the death of an individual, should a will be brought to the county office by a family member or should an attorney?
Judith's answer
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Answered on July 09, 2013
It is not necessary that an attorney do this. A family member can do it. The law requires that the will be filed within 30 days of the person's...
Archived
In Illinois, must a will be filed in probate? My father (94) died and has a will. His wife (92) is living and is beneficiary.
Judith's answer
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Answered on July 09, 2013
I am sorry for the loss of your father. Illinois law requires that a person having the will of someone who has passed away must file it with the...
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Archived
Is "pre - Probate bad behavior" ( by someone named both "co-executor" and "beneficiary") punishable in Illinois (Cook Co.) ?
Judith's answer
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Answered on July 09, 2013
Your question is extremely fact-specific and depends on the exact wording of the will as well as the exact history of what has happened and why for...
Archived
My brother past away, I am next of kin, I do not think he has a will or any money he was on public aid. He had credit cards and
Judith's answer
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Answered on July 09, 2013
I am very sorry to hear about your brother. If your brother did not have any creditors (meaning he did not owe anyone any money, including credit...
Archived
When step-dad's trust money runs out, will mom be responsible to pay nursing home debt?
Judith's answer
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Answered on July 07, 2013
I echo my colleagues' answers and would urge you to contact an Elder Law attorney in your area. The way Medicaid looks at "countable" assets is...
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