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Linton v. U.S., 638 F. Supp. 1277 (W. Dist. Wash., 2009). Transfers of assets to a LLC followed by transfers of the interests in the LLC to trusts for the benefit of the transferor’s children was held a step transaction.

Ernest and Sonneborn v. Chumley, 403 Ill.App.3d 710, 344 Ill.Dec.73, 936 N.E.2d 602 (4th Dist., 2010). Where an agreement is made as to mutual wills which does not restrict the survivor’s use of the property, the survivor can use the income and reasonable amounts of the principal for support and may change the form of investment of the principal, but the survivor cannot will the principal contrary to  the mutual plan or place it in joint tenancy or some other arrangement which would defeat the mutually agreed disposition by the survivor. The wills in this case recited that it was the couple’s intent to have the survivor dispose of the property in a certain way.

Estate of Henry v. Wemple, 396 Ill.App.3d 88, 335 Ill.Dec. 512, 919 N.E.2d 33 (1st Dist., 2009). Beneficiaries of a will made  by a testator prior to his being declared disabled lack standing to appeal from an order obtained by the testator’s guardian allowing changes in the will which terminate their interests since their interests were not vested and they could challenge the changes after the testator’s death when any interests they may have would be vested.

Dunn v. Patterson, 395 Ill.App.3d 914, 335 Ill.Dec. 685, 919 N.E.2d 404 (3rd Dist., 2009). A provision in estate planning documents that allows the person creating the documents to amend them only with the consent of the attorney who prepared the documents is valid, at least where the client gave informed consent to the provision and the attorney does not stand to benefit from his or her decision.

In re Guardianship of A.G.G., a Minor, 406 Ill.App.3d 389, 350 Ill.Dec.12, 948 N.E.2d 81 (5th Dist., 2011). When a petition is filed for guardianship of a minor under the Probate Act the petitioner must first demonstrate standing in an evidentiary hearing. The Act provides that the court lacks jurisdiction if the monor has a parent whose parental rights have not been terminated, whose whereabouts are known and who is willing to and able to make and carry out day-to-day child care decisions. Only after jurisdiction is established does the question of what is in the best interests of the minor arise. If jurisdiction is found then a hearing on best interests is conducted.

Herlehey v. Bistersky Trust, 407 Ill.App.3d 878, 347 Ill.Dec. 190, 947 N.E.2d 23 (1st. Dist., 2010) A bank that is trustee of a trust has no duty to prepare documents for an amendment to the trust even if it is aware that the grantor wants to amend the trust. Trust amendments prepared by non-lawyers are not valid because of the priovisions of the
Consumer Fraud Act declaring the preparation of trust documents by non-lawyers unlawful.

You should be able to tell the lawyer the names and addresses of all people involved. This includes the executors, guardians, trustees, and beneficiaries.

You should be able to describe what property you own and how title is held and identify any beneficiaries which you have designated.

You should also be able to list all your debts, at least by category. For both assets and debts you should be able to provide approximate values.

Finally, you should be able to say who you want to get your property

If you need assistance with your estate planning affairs, contact Chicago Estate planning lawyer Don Thompson at 312-782-0844 or email him at

Someone who has a will or a trust should tell their heirs and beneficiaries they have made a will or trust and they should tell them where the documents are. However, this is not always done.

To find out if a decedent left a will or trust you can do the following:

- Go through the decedent’s belongings and look for a will or trust.- Look for a safe deposit key or bank records showing there is a safe deposit box. People often keep wills or trusts in safe deposit boxes.

- Ask all the other family members and acquaintances of the decedent if they know anything about a will or a trust.

- Ask them if they know anyone else who would know.

- Ask them if they know who the decedent’s attorney, accountant, and tax preparers were. Then ask those people.

- Go through the decedent’s belongings and look for bills from an attorney or checks to an attorney, accountant, or tax preparer.

- Get copies of documents involving the decedent’s real estate. If you cannot find them among the decedent’s records, get them from the Recorder of Deeds. They will often show the attorney who prepared them.

- If you can identify a lawyer, accountant or tax preparer, ask them about a will or trust.

- Look for the decedent’s tax returns. They may reveal something, like a deduction for legal fees for a will or safe deposit box costs.

- Whoever has the will of an Illinois decedent is obligated to file it with the clerk of the probate court where the decedent lived.

- Wait 30 days and then check with the clerk.

Ask anyone who had contact with the decedent what they know about a will.

Read more about Finding out of there is a will or Trust.

If you need assistance with your estate planning affairs, contact Chicago Estate planning lawyer Don Thompson at 312-782-0844 or email him at donthompsonlaw@sbcglobal.net.

A lease as the transfer of the exclusive right to use specific real estate for a definable period of time. Commercial leases involve premises to be stores or the sale of goods or services at retail.

Commercial space is usually marketed on a dollars per square foot basis. However, not all square feet are useable. Some stores contain space which is unusable or hard to use, at least for certain tenants. Also, not all measurements of square footage are comparable. Some landlords measure from the outside wall surfaces and include some common area space, such as half the hallway between two stores. A prospective tenant should be aware of this and make its own determination. Landlords will usually disclose how they measure if asked.

Commercial rents are usually a set amount per month or a percentage of sales or some combination of the two. Set amounts usually are scheduled to rise each year. Rents based on a percentage of sales often have a set monthly base amount (minimum rent) and sometimes the percentage varies with the level of sales (usually going down as sales increase).

Usually, in addition to the fixed or percentage amount, the rent includes some or all of the expenses of the premises which the tenant must pay. These expenses can include real estate taxes, insurance, utilities, maintenance, common area maintenance and advertising in shopping centers, and any other cost of the premises. The cost of the landlord’s mortgage payments are not usually included. Since the lease term is usually fairly long the object is to insulate the landlord against the risks of inflation.

“Net lease” is the term for a lease where the tenant pays real estate taxes, utilities, insurance and maintenance expenses as well as rent. This is also called a triple net lease. When the landlord continues to pay maintenance expenses while the tenant pays other expenses the lease is often called a “double net” lease.

Continue reading about commercial leases or contact Chicago business attorney Don Thompson at 312-201-1436.

Estate planning is a task that lends itself to procrastination.

For parents of a developmentally disabled child, planning is even easier to put off – but more crucial to do.

“It’s an emotional issue,” said Patty McMahon, information and referral coordinator for Arc of Southwest Ohio, an advocacy and service agency for people with intellectual and developmental disabilities. “Families get stuck in the crisis of the day or the moment and try not to think about what’s going to happen when they’re no longer there to take care of their child.”

In fact, 62 percent of parents or caregivers don’t …

If you would like to begin planning your estate, contact Don Thompson today at 312-201-1436.