Appellate court’s estate planning adviceBy Michael J. MaslankaTrusts and Estates, September 2018In Johnson v. Filler, the appellate court held that constructive knowledge by an attorney of wrongful conduct is not sufficient to allege a claim of aiding and abetting.
Child’s finger amputated and seventh circuit blames parentsBy Michael J. MaslankaGeneral Practice, Solo, and Small Firm, September 2018Roh v. Starbucks Corp. provides a substantive review of the law in Illinois pertaining to a child’s personal injury in a public place
Recent developmentsBy Michael J. MaslankaReal Estate Law, April 2018Three developments that real estate law practitioners should find interesting.
The Vital Records Act amendmentBy Michael J. MaslankaTrusts and Estates, April 2018The Vital Records Act was amended as of January 1, 2018.
Agency, Powers of Attorney, co-agency and strict constructionBy Michael J. MaslankaTrusts and Estates, December 2017Transactional attorneys and estate planning attorneys need to be aware of not only the language of the court in In Re Estate of Thomas F. Shelton, but in the Illinois Co-Agency statute.
Powers of attorney, living wills, advance directives and religionBy Michael J. MaslankaTrusts and Estates, November 2017Religious denominations may have their own suggested or recommended language-- consider informing your clients so that they may make informed decisions that don't contradict their religious beliefs.
Articles, articles, articles!By Michael J. MaslankaReal Estate Law, October 2017Consider writing for this newsletter.
Illinois nursing homes reviewed; Survey said…By Michael J. MaslankaSenior Lawyers, October 2017Rosewood Care Center of Swansea v. Price, decided August 22, 2017, provides guidance for when clients come to you with complaints regarding nursing homes.
Articles, articles, articles!By Michael J. MaslankaReal Estate Law, September 2017Consider writing for this newsletter.
Mom had a life insurance policy, but we can’t find it!By Michael J. MaslankaTrusts and Estates, August 2017If the client indicates that he or she cannot find any information about a life insurance policy, but knows that one existed, you can suggest that the client utilize the Illinois Life Policy Locator Service through the Illinois Department of Insurance.
Agency, Powers of Attorney, co-agency and strict constructionBy Michael J. MaslankaReal Estate Law, July 2017Transactional attorneys and estate planning attorneys need to be aware of not only the language of the court in In Re Estate of Thomas F. Shelton, but in the Illinois Co-Agency statute.
Powers of attorney, living wills, advance directives and religionBy Michael J. MaslankaSenior Lawyers, June 2017Religious denominations may have their own suggested or recommended language-- consider informing your clients so that they may make informed decisions that don't contradict their religious beliefs.
Court orders and detective Sergeant Joe FridayBy Michael J. MaslankaYoung Lawyers Division, April 2017When drafting court orders, attorneys must add facts that otherwise might seem unimportant.
Did your mother ever tell you to wear clean underwear because… ?By Michael J. MaslankaHuman and Civil Rights, April 2017A summary of Mulvania, et al. v. Sheriff of Rock Island County, et al., currently pending in the U.S. District Court for the Central District of Illinois.
The risks of using legal forms without attorney guidance… Episode # 37By Michael J. MaslankaReal Estate Law, April 2017If your clients ever ask if they can just prepare a form, you can honestly say that they can but that they do so at their own risk, and the cost of an attorney's fee to prepare the form for her or him is likely going to be a lot less than the fee for fixing a mistake that the do-it-yourself form may produce.
A tip to ingratiate yourself with real estate purchasing clientsBy Michael J. MaslankaReal Estate Law, April 2017In light of Galinas v. The Barry Quadrangle Condominium Association, et al, townhome/condo purchasers should look into buying homeowner's insurance, even though the Association has its own policy.
Settling parties (with attorneys) beware!By Michael J. MaslankaSenior Lawyers, February 2017The recent opinion in Williams v. Office of the Chief Judge of Cook County, Illinois and Michael Rohan, contains a portion which this author-- and likely others--will find disturbing.
The other side of the Power of Attorney coinBy Michael J. MaslankaTrusts and Estates, November 2016From time to time, a client may come in to consult with the attorney and relate facts, including that someone else is acting as agent under another person’s power of attorney, and that there may be some misfeasance, malfeasance, or abuse going on. That is the other side of the coin.
The other side of the Power of Attorney coinBy Michael J. MaslankaSenior Lawyers, October 2016From time to time, a client may come in to consult with the attorney and relate facts, including that someone else is acting as agent under another person’s power of attorney, and that there may be some misfeasance, malfeasance, or abuse going on. That is the other side of the coin.
Human Trafficking Task Force ActBy Michael J. MaslankaHuman and Civil Rights, September 2016Illinois House Bill 2822 has become Public Act 99-0864, effective August 22, 2016.
Read ‘em and weep… in cards. Don’t read ‘em and weep… in lawBy Michael J. MaslankaReal Estate Law, September 2016It is well-settled law in our state that a competent adult is charged with knowing and accepting the document he voluntarily signs and that his ignorance of what it says does not avoid its legal effect.
Convenience, speed and ethicsBy Michael J. MaslankaReal Estate Law, July 2016What happens if you mistakenly click 'reply all' and include your opposing attorney and his client on your email correspondence?
It doesn’t hurt to ask, and it may hurt not to ask!By Michael J. MaslankaSenior Lawyers, June 2016Caregivers and agents should not summarily pay bills without reading them and perhaps questioning them from time to time.
Sanctity of jury process upheldBy Michael J. MaslankaHuman and Civil Rights, June 2016In a case recently decided by the U.S. Court of Appeals for the Seventh Circuit, a District Court’s judgment of conviction on a jury’s guilty verdict was reversed and the case was remanded for a new trial because of an improper jury verdict.
Revocable living trust, tenancy by the entirety, and a little loss of privacyBy Michael J. MaslankaReal Estate Law, April 2016As a result of Loventhal v. Edelson, bankruptcy attorneys should be sure to list the tenancy by the entirety exemption on Schedule C of the bankruptcy petition, and real estate attorneys should be reminded to have both spouses sign any deed conveying their property to themselves as tenants by the entirety, whether in a trust or otherwise.
When the U.S. Supreme Court speaks…By Michael J. MaslankaHuman and Civil Rights, March 2016A recent civil rights case decided by the U.S. Supreme Court was remarkable, not for its decision on the civil rights issue so much as it was on constitutional law, supremacy, and the interaction between federal and state governments.
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