POA for Health vs POA for Property

When I was 15, I was in a car accident that hospitalized me for 6 weeks. Because I was a minor, the doctors treating me could legally communicate freely with my parents. Had I been 18, the doctors could not have spoken with my parents without a power of attorney in place. Our firm’s strong … Continued

Options for Protecting Medicaid and SSI Benefits after a Windfall

Options for Protecting Medicaid and SSI Benefits after a Windfall By: SJ Chapman, J.D., Bielski Chapman, Ltd. If you are receiving a lump sum windfall, such as a lawsuit settlement, and you receive either SSI or Medicaid (or both), you will be temporarily cut off from your benefits until you re- qualify. You can avoid … Continued

Types of Assets Subject to Probate

Types of Assets Subject to Probate in Illinois By: SJ Chapman, J.D., Bielski Chapman, Ltd. Probate assets refer to any property (“asset”) owned by a decedent that must go through probate court to be transferred to the people who will ultimately inherit them. Probate is an expensive public proceeding, so if you want to maximize … Continued

Business Expectancy Not A Transferrable ‘Asset’ Under IL Fraudulent Transfer Statute [Deconstructing Andersen Law LLC v. 3 Build Construction LLC]

Andersen Law LLC v. 3 Build Construction, LLC, 2019 IL App (1st) 181575-U, the subject of my most recent post, here , examines the nature and reach of Illinois’s Fraudulent Transfer Act, 740 ILCS 160/1 et seq. [“IFTA”] and the ‘continuation’ exception to the successor liability rule. The Plaintiffs’ IFTA claims were based on allegations that … Continue reading Business Expectancy Not A Transferrable ‘Asset’ Under IL Fraudulent Transfer Statute [Deconstructing Andersen Law LLC v. 3 Build Construction LLC]

E-Mails, Phone Calls, and Web Activity Aimed at Extracting $ From IL Resident Passes Specific Jurisdiction Test – IL First Dist.

In Dixon v. GAA Classic Cars, LLC, 2019 IL App (1st) 182416, the trial court dismissed the Illinois plaintiff’s suit against a North Carolina car seller on the basis that Illinois lacked jurisdiction over the defendant. Reversing, the First District answered some important questions concerning the nature and reach of specific jurisdiction under the Illinois … Continue reading E-Mails, Phone Calls, and Web Activity Aimed at Extracting $ From IL Resident Passes Specific Jurisdiction Test – IL First Dist.

Former LLC Member’s Claim for Distributions Not Tangible Enough to Undergird Conversion Claim – IL ND

The Northern District of Illinois considers a plethora of signature complex litigation issues in FW Associates, LLC v. WM Associates, LLC, 2019 WL 354953 (N.D.Ill. 2019), the culmination of a years’ long dispute between LLC members over ownership and management of Smart Bar –  a company that made an automatic cocktail dispenser [the Smartender]. After … Continue reading Former LLC Member’s Claim for Distributions Not Tangible Enough to Undergird Conversion Claim – IL ND

Estate Planning for Property Transfers to a Non-Citizen Spouse

As a general rule, spouses can transfer an unlimited amount of property to each other  without paying tax on the transfer.[1] The rule includes transfers made upon death.[2] The so-called “unlimited marital deduction” delays taxation on the transfer of property until it is transferred out of the marital unit. The rule applies to US citizens … Continued

Listing Your Chicago Property on Airbnb

Listing your Chicago property on Airbnb may seem lucrative, but if you’re not careful, it can cost you. Homeowners who want to list their property must be careful to avoid penalties by paying attention to the restrictions in the Chicago Shared Housing Ordinance and their building’s governing documents. The restrictions are noted below, along with … Continued

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Bielski Chapman, Ltd. is a full service Estate Planning practice that provides comprehensive planning in
the areas of wills, trusts, powers of attorney, health care directives, guardianship, probate and trust
administration, real estate law, business formation, business succession, asset protection, estate tax
planning, charitable planning and special needs planning. Bielski Chapman, Ltd. serves clients and their
families all throughout Chicago, IL and the surrounding areas of Oakbrook Terrace, Hinsdale, Clarendon
Hills and DuPage County.

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