What is a Medicaid Asset Protection Trust (MAPT)? A Medicaid Asset Protection Trust is a specific form of trust that is created to more easily qualify an individual to receive Medicaid long-term care coverage. An individual who needs long-term care may transfer his/her assets into the MAPT and those assets will not disqualify the individual from receiving Medicaid long-term care.
What is Medicaid Long-Term Care?
Many people do not realize that the government program, Medicare, will not pay for long-term care at home assistance or stay at a long-term care facility. Instead, individuals are expected to either pay for
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The Fair Debt Collection Practices Act (“FDCPA”) provides a powerful shield against aggressive debt collection tactics. The Act sets out requirements for debt collectors when attempting to collect a debt, and violating these requirements may give rise to a claim under the FDCPA. The FDCPA also provides protection in certain foreclosure matters and can play a critical role in safeguarding homeowners facing foreclosure.
What is Foreclosure?
Foreclosure is a legal process where a lender seeks to recover the balance of a mortgage from a borrower who has stopped making payments. Once this happens, the borrower “defaults” on their mortgage, and…
Continue Reading The FDCPA and Unfair Foreclosure Practices
The Internet and social media hold your essential documents and information, digital property, and cherished memories. If you keep important documents and memories on the “cloud” or on Internet platforms, these items could be lost if they are not accounted for in your estate plan. Some websites will delete your account after a certain length of inactivity, leaving friends and family unable to access and retrieve digital data. It’s time to consider the significance of digital estate planning and ensure that your online presence is preserved for your loved ones.
It is important to note that digital assets do not…
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The issue of adult guardianship turns on whether a person with a disability (“PWD”) is able to make and communicate responsible decisions about aspects of everyday life. The Illinois Probate Code defines “persons with a disability” as an individual 18 years or older who is not able to fully manage their person or estate due to mental deterioration or illness, physical incapacity, or developmental disability. 755 ILCS 5/11a-2.
Who May Qualify as a Guardian
The Illinois Probate Code requires that a proposed guardian be “capable of providing an active and suitable program of guardianship for the person with a…
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When a homeowner defaults on their mortgage, meaning they fail to make their mortgage payments, the lender may initiate a foreclosure action against the homeowner. Many times, a homeowner misses mortgage payments due to unexpected financial struggles, such as a loss of job, divorce, unexpected medical expenses, or a death in the family. Foreclosure can be lengthy, tiresome, and confusing, and some organizations prey on vulnerable homeowners by falsely offering assistance or relief. Receiving constant communication from creditors attempting to resolve the balance can be overwhelming. Unfortunately, some people use this opportunity to take advantage of those who are already…
Continue Reading Common Foreclosure Scams and Ways to Protect Yourself and Your Property
Starting your own business can be a rewarding, yet daunting, task. It will take passion and perseverance in order to ensure your business will thrive. Before a business is permitted to operate, it must be recognized under the law which occurs only after proper formation. Steps to form a business vary depending on the type of entity.
A Sole Proprietorship is a type of business is which a single individual owns every asset and assumes all debts of the business. The business does not have a separate existence from its owner. There are no formal requirements needed…
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The Illinois Safe-T Act (Safety, Accountability, Fairness and Equity-Today Act), also known as the Pretrial Fairness Act, is a statute that introduces significant reforms to various areas of the criminal justice system. One of the most significant changes made by the Safe-T Act include the elimination of cash bail in Illinois, the first state to do so statewide. This took effect on September 18, 2023. Eliminating cash bail helps those who cannot afford to pay bail, causing them to be detained while they await trial which can cause instability in their employment, financial stability, parental custody arrangements, and housing…
Continue Reading Understanding the Illinois Safe-T Act and Elimination of Cash Bond
If you have a child turning 18, it is important for that child to create some basic estate planning documents. Many parents do not realize that once their children turn 18, the parents can no longer access protected health information or make decisions for their child. Parents usually discover this when their child’s doctor’s office stops communicating with them or releasing any information without authorization from the child.
Upon the child turning 18, the parents can no longer:
Going through a divorce can be a difficult and emotional process for everyone involved, especially for children. A Guardian Ad Litem (GAL) is a person appointed by the court to represent the best interests of the child in a divorce case. In this article, we will discuss the role of a GAL in a divorce, how they are paid, and whether or not they are a required party in the divorce process.
What is a Guardian Ad Litem?
A Guardian Ad Litem is a neutral third party appointed by the court to represent the best interests of a child…
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A Living Trust is a legal document that is created during a person’s lifetime and is used to manage their assets and property after they pass away. One of the main benefits of a Living Trust is that it allows for the distribution of assets to beneficiaries without the need for probate court. However, in order for a Living Trust to be effective, it must be properly funded.
Funding a Living Trust can seem like a daunting task, but it is a relatively simple process with the help of an attorney. In this article, we will discuss the steps…
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When a person inherits a significant amount of money or property, they may be concerned about how those assets will be treated in the event of a divorce. Many people wonder if inherited assets must be split between the parties, and if there are ways to protect those assets so that they are not considered marital property. In this article, we will discuss how inheritance is treated in a divorce, and what steps can be taken to protect inherited assets.
What is Considered Marital Property in a Divorce?
In a divorce, all assets and debts that were acquired during…
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A commercial driver’s license (CDL) is required to operate certain vehicles, such as buses and tractor-trailers. This type of license is subject to stricter laws and regulations than a regular driver’s license. One such area of stricter laws is in the handling of traffic tickets. A traffic ticket can have a significant impact on a CDL license and it is important for commercial drivers to understand how these laws differ from those for regular drivers.
Stricter Laws for CDL Holders
- Points System: Many states have a points system for traffic violations. Each violation is assigned a certain number of
When it comes to estate planning, many people are tempted to take the do-it-yourself route. While it may seem like a cost-effective solution, there are some risks that you should be aware of before deciding to go this route. In this blog post, Johnston Tomei Lenczycki & Goldberg, LLC will explore the potential risks associated with DIY and internet estate planning so that you can make an informed decision about the best way to protect your assets and your family.
The Dangers of Do-It-Yourself Estate Planning
Do-it-yourself (DIY) estate planning is often seen as a convenient, cost-saving alternative to…
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Most students pay a substantial amount toward their student loans. This can be overwhelming if the student is struggling to make ends meet. According to the Education Department, 9.7% of all student borrowers default on their loans. If you are among the ones that have defaulted on the loans, there are a few ways you can get out of debt or at least stop the penalties so that you are able to pay comfortably.
When are You Regarded to Have Defaulted on a Student Loan?
A default means you have not made payment as you had agreed when making a…
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Changing one’s name can be a significant decision and is often done for various reasons such as marriage, divorce, or personal preference. In the state of Illinois, the process of legally changing your name can be different for adults and minors. This article will outline the steps, legal actions, and estimated costs for both adults and minors to change their names in Illinois.
Adult Name Change
In Illinois, adults can change their name through a legal process known as a petition for a name change. This process can be done by filing a petition in the circuit court of the…
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Having a pet is a big responsibility, and one of the most important things you can do to ensure your pet is cared for in the event of your death is to create a pet trust. A pet trust allows you to provide for the lifetime care of your beloved pet while providing legal protection for the person caring for your pet. JTLG, LLC can help you understand the ins and outs of a pet trust and provide you with the resources you need to create one. This blog post will explain what a pet trust is, why you…
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