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…
The U.S. Court of Appeals for the 7th Circuit in Chicago has affirmed a decision by a United States district court judge regarding subject-matter jurisdiction and a voluntary dismissal of a complaint. Mieczyslaw Kuznar, a native of Poland, moved to the United States leaving his wife, Emilia, and his son,…
Mary Dicks died on Sept. 25, 2012. Her granddaughter, Jennifer Barber, was her closest living relative and her only heir. Barber claimed that Dicks died intestate and filed a petition to be named administrator of her estate. However, Allison Ferconio, who was Dicks’s niece, filed a will with the Circuit…
F. Gary Kovac, the plaintiff in this matter, sued the estate of Kenneth L. Barron Jr. for compensatory damages and exemplary or punitive damages. In the majority of jurisdictions, punitive damages are not allowed after the death of the defendant tortfeasor. Kovac and Barron owned 50% of three different corporations.…
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…
Recently two Cook County Circuit Court judges, Judge Lynn M. Egan (Law Division) and Judge Mary Ellen Coghlan (Probate Division), developed an instructive PowerPoint program for Illinois lawyers, in an effort to clearly define the differences between wrongful death actions and survival actions in Illinois. In a wrongful death act…
The Bank of New York filed to foreclose on a mortgage owned by the decedent, Ruth Hatch. The foreclosure named her heirs as defendants. In December 2003, Jesse Hatch, the son of Ruth Hatch, filed a motion to dismiss. He claimed that he was an heir and that the Bank of New…
In August 2005, Martin Stahling Sr. signed a statutory “short form” power of attorney for health care decisions under Section 4-10 of the Illinois Powers of Attorney for Health Care Law. He designated his son, Martin Stahling Jr. The subject of the controversy was the transfer by Stahling Sr. to a deed…