Section Newsletters

Articles From Sean D. Brady

Don’t forget about the charity! Complying with the Charitable Trust Act (760 ILCS 55/1 et seq.) By Sean D. Brady Trusts and Estates, March 2017 If you have a gift over $4,000 to a charity in your probate estate, don’t forget to read the Charitable Trust Act and make sure that your estate representative is complying with the Act.
1 comment (Most recent March 13, 2017)
Present gift or future interest? The enforceability of gifting to a Crummey Trust with a religious arbitration panel requirement By Sean D. Brady & Bryan Wellner Trusts and Estates, June 2015 Are you looking for law clarifying when a gift is a gift of a present interest? Are you looking for law on a religious arbitration panel requirement in an estate plan? If you answered yes to either of those questions, then take a look at Mikel v. Comm’r.
When is misconduct by an attorney not subject to discipline by the ARDC? In re KARAVIDAS, 2013 IL 115767 By Sean D. Brady Trusts and Estates, January 2014 Although the answer might sound obvious, the application of the Rules of Professional Conduct in In re Karavidas might surprise some people.
Who gets an accounting? A case summary of Sanders v. Stasi, 2011 IL App (4th) 100750 By Sean D. Brady Trusts and Estates, November 2011 Is a beneficiary of a trust entitled to receive an accounting from the trustee even when there is not sufficient income generated by the trust to trigger the income payment to that beneficiary?
People v. Aronson: Missing video results in rescission due to inferences drawn in favor of the defendant By Sean D. Brady Traffic Laws and Courts, May 2011 A summary of the recent case of People v. Aronson.
3 comments (Most recent May 25, 2011)
Home field advantage in the ICU or neutral setting? Police questioning in hospital ICU did not require Miranda warnings: People v. Vasquez, 393 Ill. App. 3d 185, 913 N.E.2d 60 (2nd Dist. 2009) By Sean D. Brady & Daniel Egan Traffic Laws and Courts, December 2009 In People v. Vasquez, 393 Ill. App. 3d 185, 913 N.E.2d 60 (2nd Dist. 2009), the Kendall County State’s Attorney appealed the trial court’s order suppressing videotaped statements made by defendant Vasquez to two police officers assigned to the Kendall County Major Crimes Task Force who interviewed the defendant in the intensive care unit (ICU) of a hospital after the defendant was involved in a single-car accident that resulted in the deaths of five of the passengers.
SOL vs. Nolle? What is the difference? The Ferguson Formula By Sean D. Brady Traffic Laws and Courts, December 2008 What is the difference between a criminal case that is stricken with leave to reinstate (SOL’d) and a criminal case that is nolle prosequied?
A citizen’s tip is not enough to justify a stop of a motor vehicle without sufficient detail or corroboration By Sean D. Brady Traffic Laws and Courts, December 2004 The Second District Appellate Court recently addressed the issue of a citizen-tip of reckless driving in the case of Village of Mundelein v. Minx, 352 Ill.App.3d 216, 815 N.E.2d 965, 287 Ill. Dec. 321 (2d Dist. 2004).
Is the Breathalyzer mouthpiece a foreign substance requiring a new 20-minute observation? Period? By Sean D. Brady Traffic Laws and Courts, April 2004 Is the Breathalyzer mouthpiece a foreign substance requiring a new 20-minute observation period? This issue was addressed in the case of People v. Wilhelm, 803 N.E.2d 1032, 281 Ill.Dec. 411 (2nd Dist. 2004).
A preliminary breath screening test (PBT) is admissible in a hearing in a motion to quash arrest and suppress evidence and in a petition to rescind statutory summary suspension By Sean D. Brady Traffic Laws and Courts, December 2001 The general rule in a driving under the influence of alcohol (DUI) case is that the State cannot admit into evidence the results of a preliminary breath-screening test (PBT) in its case in chief.

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