Wrigley Woes
Mr. Cub, Ernie Banks, had thousands and maybe millions of fans, so one might think he was amazingly wealthy and his estate was in order. However, that wasn\’t necessarily the case that we know of thus far. Mr. Cub\’s estate has ended up in a Cook County Court where the game is in about the fourth inning. The plays so far have been: The warm-up: October 17, 2014 Ernie created a new will, cutting his entire family out but \”not for lack of love or affection\” and leaves everything to his caregiver. January 23, 2015 Mr. Cub dies; death certificate allegedly states \”dementia\” as a leading contributor. January 31, 2015, Caregiver allegedly treats herself to champagne and a spa day. February 2015 the family, particularly the 4th wife, learns about will and contests it. Caregiver says Banks died with very little assets so Judge orders accounting. March 31, 2015 Hon. James G. Riley rules will is valid. Family lawyer says ruling is \”procedural.\” Once a will is ruled valid, it is very difficult to overturn the ruling. One way is by proving that the primary beneficiary or beneficiaries asserted \”undue influence\” over the testator. This is what the Banks\’ family is going to attempt to prove. Reports allege that Banks was suffering from dementia, which means that his soundness of mind could have been lacking on October 17 at the time he executed his will. But that\’s just it, the family must prove that he was lacking capacity to withstand the influence of the caregiver at the exact time during which he signed his will. In the interim, the Cubs are planning a tribute at the refurbished Wrigley. So…Batter-Up!
MARRIAGE EQUALITY March Heads to U.S. Supreme Court Again!
The hearing is scheduled for April 28, 2015 and this time, the justices may just determine to end the continued discrimination against same-gender couples in the 14 states that refuse to allow loving, committed couples of the same gender to marry. If you\’re familiar with our marriage equality work, you know we\’ve been watching and participating in the march from the firm\’s inception. So, we are pleased that some sources report that Chief Justice Roberts may side with the plaintiffs in this case. Why? Because of Loving v. Virginia, which we and other colleagues have long argued is the fundamental legal basis for providing national marriage equality. And Roberts may be considering his Court\’s legacy. See Mildred and Richard on the left. The Court is scheduled to hear the case in April of this year deciding in June. Read more here…
First-time home buyers celebrate and save.
On January 26, the FHA provided reduced premiums for mortgage insurance on 30-year loans. The amount of the decrease will depend on whether the down payment was more or less than 5%. Read more here.
HAPPY 2015!
Illinois\’ New Year brings a host of new laws affecting individuals and families across the state. We reported on a few earlier, which you can if you scroll further down. However, this list is a brief review of what those of us in Illinois can celebrate and take note of: Illinois income tax decreases for individuals from 5% to 3.75% and for corporations from 7% to 5.25% House Bill 5686 modified probate rules for short-term minor guardianship A new tax force was created to asses the best way to govern Chicago Public Schools Cyberbullying rules now apply off school grounds Probate rules were strengthened for disabled adults The Child Care and Adoption Act was improved to recognize parties to civil unions, great-grandparents, step-parents, and cousins as family members
Unlike Frankenstein, This Legislative Change Is Real
On September 24, 2014, Illinois enacted changes to its Power of Attorney Act to “simplify” the healthcare power of attorney form. Estate planning attorneys have been watching this legislation wind its way through our system since it was proposed, hoping that it would die. The change went into effect on January 1, 2015. A few points to ponder and reasons why now, more than before, lawyers are needed to prepare advanced directives: 1. No standard form is required. So in medical emergencies, doctors must use their own judgment about a legal form. 2. The notice page that makes the form legal is FIVE PAGES long. 3. The form can be “included” or “combined” with the statutory property power of attorney. Do you really want your banker to know about your private health matters? 4. The changes remove actual provisions regarding choice of agent… OK…so that’s misleading – that guidance is somewhere in the FIVE PAGE notice. 5. The changes remove privacy language that reflects actual U.S. statutory privacy laws for medical practitioners and third parties. Happy Halloween…NOT! Read more here…
The Revised Small Estate Affidavit Still Helps Avoid Probate But Be Careful
The Small Estate Affidavit (SEA) was amended and went into effect on August 1, 2014. The SEA\’s purpose is to help heirs and beneficiaries of small estates – less than $100,000 in personal probate property (not real estate) – avoid probate, which cost thousands. Before the recent amendment, the affiant need only swear, upon penalty of perjury, that funeral expenses were paid or unpaid, name the funeral debtor, and name the heirs or beneficiaries of the estate. Now, the affiant must provide the name, address, and amount of all the decedents known unpaid debtors, who fall in the following categories: (1) Funeral and burial expenses, administration expenses; (2) surviving spouse or child\’s awards; (3) federal taxes or other debts due the U.S.; (4) certain monies due employees for services provided within a provided period; (5) money or property that is in trust but cannot be identified or traced; (6) debts due the state or any state municipality; and (7) all other claims. Moreover, these claims must be paid from the decedent\’s estate. Finally, unlike before the SEA now requires a notary. Given the addition of the claimants added to the SEA requirements, individuals using the Illinois Small Estate Affidavit must be very careful to ensure that all known debtors are listed because perjury is a felony.
State Retirees\’ Health Insurance Premiums Safe…for Now
On July 3, in Kanerva v. Weems, the Illinois Supreme Court ruled in favor of State’s retirees. The state challenged a 1992 amendment to the State Employees Group Insurance Act, requiring the state to pay, as a pension benefit, the health insurance premium for qualified retirees. The State argued that the rights were not protected under the Illinois State Constitution. The Illinois Supreme Court did, holding that the rights were protected per Article XIII, Section 5, which plainly states that “Membership in any pension or retirement system of the State, any unit of local government or school district, or any agency or instrumentality thereof, shall be an enforceable contractual relationship, the benefits of which shall not be diminished or impaired.” The costs associated with Illinois’ retirement system is wreaking havoc with our state’s credit rating. However, it seems that with this ruling, the State will likely have to find another way of streamlining costs or another source of income.
Paying the Price Twice for Long-Term \”Care\”
Most of us enjoy the benefit of the work, knowledge, and care provided by the generations who came before us. Yet, as the Silver Tsunami strikes, many in those generations are stricken with the inability to care for themselves and, often, enormous resources required to properly do so. For example, the average monthly nursing home bill in Illinois is $6,000. Even more heinous are the inequities in care with respect to seniors in various minority communities. To address these problems before they become insurmountable, the Illinois General Assembly passed a bill to create a Long-Term Services and Supports (LTSS) Disparities Task Force. Recent data shows a lower standard of care in long-term care services provided to minorities in Illinois. The task force’s goal is to close the gap on racial disparities and improve long-term care settings for all senior citizens. The main objective of the task force is to document information about the types of long-term care providers and the number and ethnic profiles of residents receiving services from these providers in or outside the home. Facilities monitored by the LTSS Disparities Task Force include: residential nursing facilities, assisted living facilities, and other home and community based long-term care services. The data will be used to analyze trends, identify racial disparities, and offer recommendations to eliminate inequalities and provide improved care. The Bill is now awaiting Governor Quinn’s signature. Read more here.
Balancing Your Checkbook Logically May Cost You
Pew Charitable Trusts recently released a report covering the consumer practices of many of the largest retail banks. The report showed that 50% of the banks don\’t allocate deposits the way most consumers balance their checkbooks – chronologically. Instead of allocating deposits chronologically or from smallest to highest payments, these banks do the opposite, causing the worst damage. The banks order transactions to be paid from the highest to the lowest. This increases the chances that their customers will experience overdrafts and, consequently, also increases the banks opportunity to collect NSF fees. Tap here to access the report. Until consumer protection laws make the ordering priority mandatory and more consumer-friendly, what can consumers do to prevent from incurring unwanted overdraft fees? Read your bank\’s disclosure rules that typically provides the bank\’s ordering process Change how you balance your checkbook and, consequently your budget, to match your bank\’s ordering process Opt out of overdraft coverage, so that purchases may be declined but you won\’t get hit with unnecessary fees
The Resilient DNA
As a Black attorney and law firm owner, I’ve grappled in recent days over what to say about the murder, the protests, the stench of the context. I’ve grappled partly because much, if not all, of what I would say has already been said. However, a larger part of my grappling involved how to process why Black people continue to be targeted by unjustified homicidal force, often, by those in authority; how to express the outrage professionally; and how to mourn for George Floyd without releasing a flood of emotions that would create a debilitating, long-lasting, outcry about the thousands of others murdered over the decades, over the centuries. Like mothers, I’ve cried so often; like community leaders and citizens, I’ve protested and marched so frequently; and like most Black people, I was sadly not so surprised at the event or turn of events. But because I am human, I found myself grappling with how to, once again, process the inhumane, how to demonstrably shake my head without letting it adversely affect my family, my team, and my work. And for heaven’s sake, how to process all of this occurring during a global health pandemic that already has me counseling others about moving past the death of loved ones more than my work generally calls upon me to do. Processed… “Congress shall make no law … prohibiting … the right of the people peaceably to assemble, and to petition the government for a redress.” As a Black person born during the apex of the Civil Rights Era, I have experienced what most of my Black peers, friends, and family members have experienced because of the ingrained and systemic racism that founded America. Admittedly, dealing with micro and macro- racial aggressions is a daily occurrence; there is not a single day that goes by when I am out of the house that the color of my skin is not used as a judgment. However, as a child of the Civil Rights Era, I also feel beholden to those who kept pushing me and my fellow children of the Era – and the country as a whole – forward, toward an improved democracy. That feeling of beholden is fashioned by personal humility and duty I feel toward those celebrated and unsung – parents, grandparents, aunts, uncles, teachers, garbage men, and janitors who scrimped, scrounged, pinched, and pushed us, their children, toward something that they could not achieve because, despite what was meant by “all men” at the time it was said, those unsung folks, speaking our village wisdom implored us to believe that all human beings are created equal. And in our hearts and souls, we know that to be an incontrovertible truth. Consequently, the duty I feel is stronger than the racism that is foisted, hurled, slimed, slid, winked, nudged, shouted, or blown my way and, thus, why sometimes I remain silent. Most of my peers, friends, and family have always known that Black Lives Matter and we have always known that many in American society disagree with that premise. Indeed, most cornerstone institutions of American society were constructed in a way to foster the delusion of the worthlessness of Black lives. Nevertheless, our eyesight is clear, we persist, and remain resilient. Resilience is a key lesson of the Civil Rights Era and embracing that lesson often leaves me to just “keep on pushing,” as my late grandmother would state recalling a popular refrain from Curtis Mayfield’s song. Yet, when one’s community is continually targeted, injured, and murdered, economically stripped, and treated like feces under a shoe, resilience is a hard pill to swallow, let alone digest. Why be resilient? Why not fight back by any means necessary as Malcolm X once said, especially if nonviolent, civil disobedience doesn’t work? Why not blow the roof off the building if the legislature and courts seemingly create remarkable machinations to withhold relief? Why be resilient and not do these things? We have no other choice if we want to remain civil and honor the path that was laid before us by our ancestors. Our resilience and striving toward a more equal, more just American society is not about power or wealth. Our resilience is based on the fact that America is our country, too, and, regardless of the factual intention of the Framers, we believe in the Human Rights of freedom, safety, and the pursuit of happiness as long as it doesn’t infringe upon the rights of others causing them harm. Indeed, we know those rights are our rights, not because of what a group of famous white, treasonists wrote in the 18th century but because we are humans with knowing, feeling, sensing human souls. Still, here we are again and what, if anything, should I say or do? As I observed seas of Blacks and whites navigating streets and bridges together, masked, stopping to kneel, and raising their voices peacefully, I hearken back to the lessons from my formative years, grounded in Civil Rights. I grieve in respectful silence for all those lives torn from their earthly existence, wholeheartedly support those who are protesting, fiercely condemn those who are looting and committing violence during the protest, and consistently attempt to work and be present on higher ground. My law firm will, as it has always done, support genuine, diversity initiatives of the profession and I will use the trauma that I experience as a Black person to continually honor those who lost their lives and to be more understanding, compassionate, and deliberate as I move forward as a Counselor-At-Law.