Estate Planning Attorneys Ballou : Probate & Elder Law Attorneys in Ballou, IL

Estate Planning, Probate & Elder Law Attorneys

 

Estate Planning, Probate & Elder Law Ballou, Illinois

Ballou Estate Planning & Probate Attorneys

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Results for: estate planning attorneys Ballou. Browse listings to find an Elder Law or Probate Lawyer in Ballou, IL.




Hedeker & Perrelli, Ltd

TEL (847) 913-5415 |  Lincolnshire, IL

The Seed was Planted as a Boy Dean Hedeker's interest in estate planning began much earlier than law school. His parents immigrated from Germany to Chicago where Dean's father worked as a b...(more)

Daniel O. Hands, P.C.

TEL (630) 574-0123 |  Oak Brook, IL

TEL (847) 462-0123 |  Cary, IL

Dan Hands has been serving the legal needs of clients in suburban Chicago for more than 15 years. His practice is now ...(more)

Bott & Associates, Ltd.

TEL (847) 818-9084 |  Rolling Meadows, IL

Maritess focuses her practice on estate planning, asset preservation, probate, business law, taxation and succession planning. She is experienced in integrating business, tax, asset protection an...(more)

Przybylo and Kubiatowski

TEL (773) 631-2525 |  Chicago, IL

Chester M. Przybylo has been meeting the legal needs of Chicago-area clients since 1968. A partner in the law firm of Przybylo & Kubiatowski, Mr.Przybylo focuses his practice on estate and busines...(more)



Other Ballou, Illinois Estate Planning & Probate Law Firms (Basic Listings)
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ESTATE PLANNING, PROBATE & ELDER LAW NEWS

» Slayer Statute Applicable To Minors?

Here's an interesting one: Linda Damm was killed by her daughter's boyfriend, Bryan Grove. Her daughter, Tess, was 15 when she evidently helped to "plan and facilitate" her mother's murder. The question is whether Colorado's so-called "slayer statute" applies to prevent Tess Damm (a minor) from inheriting from her mother's estate. This article details the situation. One lawyer calls the argument "interesting" -- the parties are currently going into mediation.

The Illinois statute (Section 2-6 of the Illinois Probate Act) reads in relevant part as follows:

Person causing death. A person who intentionally and unjustifiably causes the death of another shall not receive any property, benefit, or other interest by reason of the death, whether as heir, legatee, beneficiary, joint tenant, survivor, appointee or in any other capacity and whether the property, benefit, or other interest passes pursuant to any form of title registration, testamentary or nontestamentary instrument, intestacy, renunciation, or any other circumstance. The property, benefit, or other interest shall pass as if the person causing the death died before the decedent, provided that with respect to joint tenancy property the interest possessed prior to the death by the person causing the death shall not be diminished by the application of this Section. A determination under this Section may be made by any court of competent jurisdiction separate and apart from any criminal proceeding arising from the death, provided that no such civil proceeding shall proceed to trial nor shall the person be required to submit to discovery in such civil proceeding until such time as any criminal proceeding has been finally determined by the trial court or, in the event no criminal charge has been brought, prior to one year after the date of death. A person convicted of first degree murder or second degree murder of the decedent is conclusively presumed to have caused the death intentionally and unjustifiably for purposes of this Section.

As you can see, Illinois also talks about "person," just as Colorado does. Is someone under the age of 18 a "person" for purposes of the statute? I would think so, although the Probate Act doesn't define the term. Interestingly enough, there is a provision in the part of the Probate Act that applies to guardianship and disabled adults -- Section 11a-2 -- that talks about a "disabled person" as a "person 18 years old or older who...."

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