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Articles Posted in Illinois Probate Act

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Illinois Appellate Court Affirms Allowing Estate to File Physician’s Affidavit Supporting Motion to Reconsider Arbitration in Nursing Home Case

The Estate of Lucille Rigoli sued the owners and operators of a nursing home for negligently causing her wrongful death and suffering before her death. She died on May 10, 2016. The court appointed Michael Rigoli to serve as independent executor of her estate. On March 13, 2018, Rigoli, as…

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Illinois Appellate Court Returns Nursing Home-Arbitration Case Back for Discovery on Severable Issues in the Wrongful Death Portion of Case

In this case, the plaintiff, Merton Messmore, brought a wrongful-death claim against the nursing home in Silvis, Ill., which is about 161 miles west of Chicago. Messmore’s wife, Mary, died after she allegedly fell. The Illinois Appellate Court called this case “a unique situation” about a stay under Section 2(d)…

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Illinois Law Aimed at Reducing Unlawful or Fraudulent Transfers to Unrelated Caregivers of the Elderly or Disabled

The Illinois Probate Act was recently amended to include a new section entitled, “Presumptively Void Transfers.” 755 ILCS 5/4(a) et seq. The effective date of the statute was Jan. 1, 2015. The intended purpose of the legislation was to prevent unrelated caregivers from taking advantage of elderly or disabled persons…

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