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By: O'Flaherty Law

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In this article, we explain court appointed guardianship in Iowa. A court appointed guardian is an individual who has been granted legal authority by an Iowa court to care for and take responsibility for another individual who is unable to legally take care of herself and make decisions or is incapacitated and unable to care for herself and make decisions.…
Chapter 11 bankruptcy is a type of bankruptcy typically reserved for large corporations but in the right circumstances, can be the best bankruptcy instrument for a small business. Small business owners filing for bankruptcy whose debt exceeds the limit for Chapter 13 and would like to keep operating their business under some degree of profitability should strongly consider Chapter 11 bankruptcy.…
In this article, we will review the Iowa appeals process. We will discuss what types of court orders can be appealed, how the Iowa appeal process works, deadlines for filing an appeal and any associated paperwork, what happens after the appeal is filed, what actions the appeals court can take after hearing a case, and what happens if you lose an appeal. We’ll begin with a short overview of how the appeals process works in Illinois.…
The point of attorney client privilege is so that the client feels comfortable giving all the necessary facts and information to the lawyer who can then make an informed decision that is best for the client. If the client felt that they would be at greater risk than the lawyer if the lawyer were to divulge the client’s private communication than the lawyer would have a difficult time getting the full story from her client. Thus, it is important for the lawyer to explain the ramifications to the client of not being truthful and forthcoming and of the lawyer breaking…
In this article, we discuss the various defenses available to fiduciaries and their legal counsel in response to a claim against the fiduciary by another party. While this list is not exhaustive, it attempts to give a concise overview of the more common, and some uncommon, defenses available to the fiduciaries under Illinois law. Let’s begin by summarizing what a fiduciary is in Illinois, specifically in estate planning and probate cases.…
In this article, we answer some common questions about how the coronavirus is affecting family law cases in Iowa and Illinois and what the next 30 days look like for the judicial system.As the Novel Coronavirus continues to ravage portions of the United States and the rest of the world, the physical limitations of our current judicial system processes become more apparent and the ripple effect that this virus has on family law cases widens.…
If getting consent to revoke a trust is not possible the settlor still has the option of revoking a trust based on the grounds that the power to revoke or some other language was omitted from the trust. It must be clear that the settlor was unaware of the language omission and/or the omission was not due to any action or suggestion by the settlor. Only the settlor can petition to revoke a trust based on a mistake.…
Normally, getting a document notarized in Illinois means you’ve had your identity confirmed and a document notarized in front of a Notary Public. The notary’s job is to examine your identification, make sure you are who you say you are in reference to the document being notarized, and then stamp your document. There will typically be a fee involved. Most law offices have attorneys who are certified notary publics. …
In Illinois, a home foreclosure takes place in the courts. Illinois is what is known as a judicial foreclosure state. The Illinois Mortgage Foreclosure Law is a great protection for Illinois residents. The judicial process takes time. You can use that time to work out a solution that best meets your needs. In Illinois, you own your home from the moment that you purchase it. The mortgage is a lien against the property until it is paid off. The bank can only take the property through the foreclosure process. This means that you cannot lose your home until the foreclosure…