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Articles Posted in Guardianships

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Illinois Appellate Court Affirms Distribution of $9 Million Estate to Unrelated Individuals

Audrey Mivelaz had $9 million in assets and no estate plan, no testamentary capacity and no known heirs. However, she had several close, loving friends who knew her for decades and helped care for her as she sank into dementia. After an unsuccessful search for heirs, the plenary guardian of…

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Warranty Deed Was Found Invalid Because Guardianship Was Never Canceled

Jose Adame paid $145,000 for a house that was being sold by joint tenants, Arnold and Arthur Lynch. There was a problem with the warranty deed that Arnold signed in June 2005. In 2002, Arnold was in a coma following a car accident. The judge appointed James Brya as plenary…

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Illinois Appellate Court Reverses and Remands a Case Involving the Imposition of a Constructive Trust and an Award of Attorney Fees and Punitive Damages Relating to a Guardianship

Richard Yanni appealed from the trial court’s order that imposed a constructive trust on property he owned and awarded attorney fees and punitive damages against him. The appellate court ruled that the trial court was wrong in denying his motion to dismiss. Accordingly, the Illinois Appellate Court vacated the trial…

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Competency and Laws of Descent Analyzed in Illinois Appellate Court Decision Regarding the Assets of a Ward with Profound Cognitive Impairment

In a case involving Donald Howell, who was born with profound cognitive impairment and who had received a settlement of $11 million from a Chicago landlord from lead-poisoning, the issue here was, could the court “substitute judgment” on where his money would go at the time of his death? Relying…

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Guardian of a Disabled Person Can Be Removed for Refusing to Follow Recommended Services

The Illinois Appellate Court has affirmed the decision by a Cook County associate judge who ordered the removal of the guardian of a disabled person. On Feb. 24, 2009, Patricia Herard was adjudicated by the court to be disabled. Herard was diagnosed with “profound mental retardation and legal blindness.”  It was…

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