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Do I Need a Will and a Trust?

Do I need a Will and a Trust? If you have determined that your estate planning will include a Revocable Trust, you may also be considering whether you need a Will as well. Understandably, many people believe that a Trust is superior to a Will and thus supersedes a Will. This is untrue, as a... Read more »

Should I Participate in Foreclosure Mediation?

Should I participate in Foreclosure Mediation? Cook County, Lake County, and Will County all offer foreclosure mediation programs with varying results.  At its heart, mediation is the court-sanctioned opportunity for the homeowner to sit down with the foreclosing bank’s representative and hash out an agreement to either permit the homeowner to stay in the home,... Read more »

What is a Certification of Trust?

What is a Certification of Trust?  If you have a Trust and have either put assets into it or are attempting to put assets into it, then you may have been told you need a certification of Trust, a/k/a certificate of Trust. For instance, it is common for a home loan lender to require a... Read more »

What Happens to My Student Loans Upon Death?

What Happens to My Student Loans Upon Death? If you went to college and now have significant student loan debt, you may be worried about what might happen to those student loans if you were to pass away before repaying them. Student loan debt has been steadily rising in the United States, with soaring college... Read more »

Is My Home Protected in Medicaid?

Is My Home Protected in Medicaid? If you own a home in Illinois and are going to need nursing home care or other long-term care in the near future, you may be considering whether your home will be protected when you apply for Medicaid.  Medicaid has certain financial requirements, including total asset value limits and... Read more »

How Can I Name a Guardian For My Minor Children?

How Can I Name a Guardian for my Minor Children?  A major concern most people have when estate planning is what may happen to their minor children if they were to pass away. Who will take care of them, both mentally and financially? It is rightfully a concern and should be planned for in advance... Read more »

Do I Need a Real Estate Lawyer for a Real Estate Transaction in Illinois?

Do I Need a Real Estate Lawyer for a Real Estate Transaction in Illinois?  Illinois is considered a lawyer transaction state for real estate, meaning that lawyers are usually the ones conducting a closing in conjunction with a title company. Some states use other intermediaries to complete a real estate transaction, but not Illinois. Here... Read more »

What Happens If I Do Not Have a Power of Attorney?

What Happens If I Do Not Have a Power of Attorney?  There are two types of powers of attorney in Illinois, a power of attorney for healthcare and a power of attorney for property. These are both legal documents that can and should be drafted in advance of needing them. They are easy documents to... Read more »

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Johnston Tomei Lenczycki & Goldberg LLC

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