Estate Planning, Probate & Elder Law Attorneys

» Estate of Hale: New Statutory Custodial Claim Case

I've written extensively, in this blog and on my website, about statutory custodial claims. These types of claims can be filed by family members if they meet certain requirements for the care of a decedent. The statutory language (which has recently been changed -- here is the new language) has always been pretty vague, which is part of the reason why we have the new 1st District case of Estate of Hale (here is the PDF).

This is the sort of legal opinion I like, as it answers specifically a number of questions surrounding statutory custodial claims:

1. How many years of care can be considered? As many years as care was provided (in this case, 9-1/2 years)

2. When does the statute of limitations for such a claim begin to run? Upon the decedent's death

3. Is the amount of the statutory custodial claim reduced by the amount of any fees the claimant received for acting as guardian of the decedent during his or her lifetime? No

» Labor publishes rules for retirement accounts

» An Update on Small Estate Affidavits

I posted yesterday about an issue involving small estate affidavits.

This morning I learned that the Illinois Secretary of State's office has its OWN small estate affidavit form, which it prefers that you use if you are trying to change the title on an automobile. The form is available here as a pdf.

Thanks to attorney Caroline Zoes for this helpful tip!

»  IRS Love Letters
A notice from the IRS is not usually a big deal, but it could be. Here's what to do when you get one.

»  Splitting Your Savings
The Roth IRA and the 401(k) both provide shelter from the tax man, so use both for retirement savings.