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Kevin Gilbert Drendel

Kevin Drendel’s Answers

40 total

  • Do we need a probate lawyer.for our moms property if there is no will.

    both of my parents have passed away my dad in 2005 and my mom in 2015.my three sisters and I want to keep their house and put it in all our names.the only problem is we couldn't find a will. only a power of attorney.we have been paid from her life...

    Kevin’s Answer

    You will need an attorney to effectuate a transfer of title into your names (if that is really what you want to do). The default mechanism for transferring title to assets when the owner passes is the probate process; however, there may be ways to effectively transfer title without having to go through the probate process. This is where an experienced attorney who handles probate and estate administration comes in. Factors include, the aggregate value of the personal property; the amount of debt (if any); the willingness of all lawful heirs to get along and agree to the handling of the assets; and others. You should search for an experienced probate and estate administration attorney in your area and make an appointment to explore your options.

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  • Can't public officials easily dodge foia requests for texts pertaining to public business sent during open meetings by deleting?

    I read all of this stuff about texts on public or privately issued phones being subject to foia if they pertain to public business and are sent during open meetings.

    Kevin’s Answer

    The questions you raise implicate not only FOIA but the Open Meetings Act. If members of the public body are texting or emailing each other about public business during the open meeting, they are violating the Open Meetings Act, and their texts and emails are subject to disclosure under FOIA. The problem is proving 1) that they texted or emailed during the meeting, and 2) the texts/emails pertained to public business. You can submit a FOIA request for all texts and emails sent or received by the members of the public body during the hours of the open meeting. If they deny that there were any, you will have a problem of proof. You could go to the local State's Attorney's office and seek to file a complaint for suspected violation of the Open Meetings Act, but you will need more than a baseless suspicion. If you observed (or videoed) them texting or emailing, that would be some proof, but you may need more than that, depending on who you talk to. If a board or council member admits that there was texting or emailing going on, then you should have sufficient suspicion to warrant an investigation. You could also go to the Attorney General's office, but you will need pretty certain proof to warrant an investigation from that office. Even if you get a denial, and the State's Attorney does not follow up, the fact that you are watching them and following up with your suspicions may keep them honest. I do have a word of caution, however. If you really want to be agent for positive change in your community, you will need to find a way to work with your local officials, and not always be fighting them or accusing them of things (unless they are openly and stubbornly violating the laws).

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  • Is this Elderly Neglect or what can be done to solve this problem?

    My mother (who is 88 yrs old) has Help at Home home care service. She had Lutheran Services until 2 months ago when they closed their doors and Help at Home took over, (she has someone come in 4 times a day) since this time their has been 6 times...

    Kevin’s Answer

    The answers the other attorneys have given are good advice. I would add that family is the best advocate, and the squeaky wheel gets the grease. You should be follow up regularly until things are going well, and then follow up periodically to make sure that there are no further issues. At the same time, explore what other options may be available. If there is a Senior Services office in your County, call them and ask what other options you have.

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  • Is there any restriction as far as placing a tavern/bar under the same roof & partitioned off or must be under diff. one?

    Our local Legion home has been sold and we are moving our whole operation into the bingo hall that is another location. We will now be using it for all operations/ bingo included. ?

    Kevin’s Answer

    While zoning may be own issue, the liquor license is another issue. Liquor licenses are only good for a single location. You will need to apply to the local municipality for a new liquor license at the new location. The license will not follow you to the new location. While you are in talking to the person who handles the liquor licenses, you should speak to the person who handles zoning as well. You can kill two birds with one stone.

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  • My question is, are these accounts protected under his irrevocable trust if it comes to him needing nursing home care?

    My father has an irrevocable trust dated in 2003. Also at that time he had a will attached stating his wishes including all of his financial assets. I have taken over as his power of attorney and handle all of his banking. He has several cd's and...

    Kevin’s Answer

    If you are handling his CD's and accounts pursuant to a Power of Attorney, that suggests that those assets are not in the Trust; otherwise, the Trustee would be handling those things. A Will only affects assets after death would not affect any assets in a Trust. You definitely should see an attorney to review everything and get you going in the right direction.

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  • I, would like to review water reading from the meter when was first installed back in 2003 or 2005 for correct meter reading.

    Water bill from the city of Chicago outstanding amount of billing. Feb 2015, water in the amount of $7,000.00 for one month billed. I question the bill amount with people of the water department, all I get is this is not a mistake, that I, must ...

    Kevin’s Answer

    While the City of Chicago has a water utility, the question you are asking is governed by the Illinois Municipal Code, and you should seek an attorney who deals with municipalities. You have a right to the information regarding your meter, all the more because Chicago is a governmental body. They should be able to provide you the information you have requested in some form. You only need to submit a request in writing for the information. The Freedom of Information Act may apply, but it is your property so the information should not be considered private as to you, the owner or occupier of the property.

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  • What should my next step be? Should I contact the bank that holds the title to my mother's house? Is my acceptance valid?

    My mother's attorney prepared a Transfer on Death Instrument (beneficiary deed). The deed stated my mother was owner of her property and included the pin number and described the lot. It names me as the first designated beneficiary as Trustee pu...

    Kevin’s Answer

    Whether your mother created a valid trust pursuant to the Transfer on Death Deed or not, is a matter that needs some analysis. My first reaction is that the attorney who did this used the Transfer on Death Deed form for more than, perhaps, it was intended, but that does not necessarily mean that is does not create a valid trust. In fact, it is somewhat creative. I would recommend that you contact the attorney who drafted it, as he should be the one to "defend" what he did.

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  • Is there anything we can do or is my sister really entitled to his entire estate even there was a will?

    My sister states that my father signed a transfer on death affidavit naming her as beneficiary of his stock and accounts. His will stated that his estate will be split among his four children. As his financial POA agent, she sold his home and all ...

    Kevin’s Answer

    I agree with the other answers generally. The issue is whether your sister violated her duty as a fiduciary, using the POA to benefit herself. There may be a presumption that she violated that duty under the circumstances. You should consult with an attorney who can review all of the relevant facts and documentation for you and provide you a fully informed opinion.

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  • What type of lawyer do I need?

    My Father recently passed away and did not have a will. The country recorder said that I would need a lawyer in order to transfer his house into my name since I am the only adult blood relative and he was not married.

    Kevin’s Answer

    You will need a lawyer who handles probate estates.

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  • Do I have to probate his estate and the will also, or just the will?

    Father died naming me executor of his will and property. His will explicitly explains where and who all his belongings, property, and money goes to and how it is to be divided. His property and all belonging's are in Illinois. All monetary value o...

    Kevin’s Answer

    The other answers to your question are correct, but you should also understand that the Small Estate Affidavit is a sworn statement that you will be making if you sign it, and you will be responsible for the obligations of the "estate" to the people named in the Will, the heirs (if they are different) and creditors of the estate.

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