Section Newsletters

Articles From Edward J. Mitchell

Supreme Court upholds common law rule that self-settled trusts with spendthrift provisions are per se fraudulent and void as to creditors. Charity able to enforce pledge that donor wished to revoke By Edward J. Mitchell Elder Law, June 2013 A summary of the recent case of Rush University Medical Center v. Sessions.
Case note: In re the Estate of Fallos By Edward J. Mitchell Elder Law, April 2010 The court in this case discussed the trend toward limited guardianships and found that they should be encouraged when a person is not totally without capacity to direct others concerning his care.
Case note: Estate of Howell, ___Ill.App. 3d___ 2007 WL 1246972 (Ill.App. 5 Dist. 2007) By Edward J. Mitchell Elder Law, June 2007 The Howell case involved the estate of Fred W. Howell. Mr. Howell passed away.
Case Note: Grate v. Grzetich, 2007 WL 1345247 (Ill.App.3 Dist. 2007) By Edward J. Mitchell Elder Law, June 2007 The Grate case involved a suit filed by Sue Grate, the guardian of the estate of Catherine Grzetich against Edward Grzetich who acted as a trustee of a testamentary trust created by John Grzetich who died in 1980.
Limitations on community spouse assets By Edward J. Mitchell Elder Law, March 2005 The Appellate Court in the Second District recently issued an opinion in Harris v. Department of Human Services.
Book review—Issues in Long-Term Care By Edward J. Mitchell Elder Law, December 2003 The Illinois Institute for Continuing Legal Education has recently published Issues in Long-Term Care.
Gayan v. Illinois Department of Human Services: A special needs trust that didn’t work By Edward J. Mitchell Elder Law, December 2003 The appellate court in the Third District recently issued an opinion in Gayan v. Illinois Department of Human Services.
ERISA preemption and beneficiaries of non-probate assets after divorce By Edward J. Mitchell Elder Law, December 2002 Under Illinois law, a divorced spouse is presumed to have predeceased her ex-spouse for purposes of receiving a legacy or other interest under a will. See 755 ILCS 5/4-7.
“Congratulations, you have just won the Australian lottery”: hot scams and cons on older persons By Edward J. Mitchell Elder Law, June 2001 Unfortunately today it is not unusual for one of our clients to receive a phone call with an opening line something like the title of this article.
Baby boomers age and the effect on all of us By Edward J. Mitchell Elder Law, March 2000 Age Power:How the 21st Century Will be Ruled by the New Old by Ken Dychtwald, Ph.D. (Tarcher/Putnam, 1999 236 pp. $24.95) is not a law book as such nor does it give specific examples that we can use in our day-to-day practice.

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