Articles From Michael J. Maslanka

Illinois nursing homes reviewed; Survey said… By Michael J. Maslanka Senior Lawyers, October 2017 Rosewood Care Center of Swansea v. Price, decided August 22, 2017, provides guidance for when clients come to you with complaints regarding nursing homes.
Articles, articles, articles! By Michael J. Maslanka Real Estate Law, September 2017 Consider writing for this newsletter.
Sale to I.D.-carrying buyers only: A violation of human rights? By Michael J. Maslanka Human Rights, September 2017 A discussion of Deutsch Bank National Trust v. Peters.
Mom had a life insurance policy, but we can’t find it! By Michael J. Maslanka Trusts and Estates, August 2017 If the client indicates that he or she cannot find any information about a life insurance policy, but knows that one existed, you can suggest that the client utilize the Illinois Life Policy Locator Service through the Illinois Department of Insurance.
Agency, Powers of Attorney, co-agency and strict construction By Michael J. Maslanka Real Estate Law, July 2017 Transactional attorneys and estate planning attorneys need to be aware of not only the language of the court in In Re Estate of Thomas F. Shelton, but in the Illinois Co-Agency statute.
Powers of attorney, living wills, advance directives and religion By Michael J. Maslanka Senior Lawyers, June 2017 Religious denominations may have their own suggested or recommended language-- consider informing your clients so that they may make informed decisions that don't contradict their religious beliefs.
Court orders and detective Sergeant Joe Friday By Michael J. Maslanka Young Lawyers Division, April 2017 When drafting court orders, attorneys must add facts that otherwise might seem unimportant.
Did your mother ever tell you to wear clean underwear because… ? By Michael J. Maslanka Human Rights, April 2017 A summary of Mulvania, et al. v. Sheriff of Rock Island County, et al., currently pending in the U.S. District Court for the Central District of Illinois.
The risks of using legal forms without attorney guidance… Episode # 37 By Michael J. Maslanka Real Estate Law, April 2017 If your clients ever ask if they can just prepare a form, you can honestly say that they can but that they do so at their own risk, and the cost of an attorney's fee to prepare the form for her or him is likely going to be a lot less than the fee for fixing a mistake that the do-it-yourself form may produce.
A tip to ingratiate yourself with real estate purchasing clients By Michael J. Maslanka Real Estate Law, April 2017 In light of Galinas v. The Barry Quadrangle Condominium Association, et al, townhome/condo purchasers should look into buying homeowner's insurance, even though the Association has its own policy.
Human Rights Act Civil Penalties Increase By Michael J. Maslanka Human Rights, March 2017 Changes to the Human Rights Act became effective January 1, 2017.
Settling parties (with attorneys) beware! By Michael J. Maslanka Senior Lawyers, February 2017 The recent opinion in Williams v. Office of the Chief Judge of Cook County, Illinois and Michael Rohan, contains a portion which this author-- and likely others--will find disturbing.
The other side of the Power of Attorney coin By Michael J. Maslanka Trusts and Estates, November 2016 From time to time, a client may come in to consult with the attorney and relate facts, including that someone else is acting as agent under another person’s power of attorney, and that there may be some misfeasance, malfeasance, or abuse going on. That is the other side of the coin.  
The other side of the Power of Attorney coin By Michael J. Maslanka Senior Lawyers, October 2016 From time to time, a client may come in to consult with the attorney and relate facts, including that someone else is acting as agent under another person’s power of attorney, and that there may be some misfeasance, malfeasance, or abuse going on. That is the other side of the coin.  
Human Trafficking Task Force Act By Michael J. Maslanka Human Rights, September 2016 Illinois House Bill 2822 has become Public Act 99-0864, effective August 22, 2016.
Read ‘em and weep… in cards. Don’t read ‘em and weep… in law By Michael J. Maslanka Real Estate Law, September 2016 It is well-settled law in our state that a competent adult is charged with knowing and accepting the document he voluntarily signs and that his ignorance of what it says does not avoid its legal effect.
Convenience, speed and ethics By Michael J. Maslanka Real Estate Law, July 2016 What happens if you mistakenly click 'reply all' and include your opposing attorney and his client on your email correspondence?
It doesn’t hurt to ask, and it may hurt not to ask! By Michael J. Maslanka Senior Lawyers, June 2016 Caregivers and agents should not summarily pay bills without reading them and perhaps questioning them from time to time.
Sanctity of jury process upheld By Michael J. Maslanka Human Rights, June 2016 In a case recently decided by the U.S. Court of Appeals for the Seventh Circuit, a District Court’s judgment of conviction on a jury’s guilty verdict was reversed and the case was remanded for a new trial because of an improper jury verdict.
Revocable living trust, tenancy by the entirety, and a little loss of privacy By Michael J. Maslanka Real Estate Law, April 2016 As a result of Loventhal v. Edelson, bankruptcy attorneys should be sure to list the tenancy by the entirety exemption on Schedule C of the bankruptcy petition, and real estate attorneys should be reminded to have both spouses sign any deed conveying their property to themselves as tenants by the entirety, whether in a trust or otherwise.
When the U.S. Supreme Court speaks… By Michael J. Maslanka Human Rights, March 2016 A recent civil rights case decided by the U.S. Supreme Court was remarkable, not for its decision on the civil rights issue so much as it was on constitutional law, supremacy, and the interaction between federal and state governments.
Human trafficking and sex trafficking: An update on what Illinois and the federal government are doing By Michael J. Maslanka Human Rights, February 2016 Effective January 1, 2016 in Illinois, there is created, within the Department of Commerce and Economic Opportunity, the task force on opportunities for at-risk women.
Do your legal research… Very well! By Michael J. Maslanka Real Estate Law, January 2016 Some thoughts on spelling, hyphens and terminology when conducting legal research.
Mortgagors and mortgagees in the pleading game By Michael J. Maslanka Real Estate Law, December 2015 Must a loan modification agreement must be attached to and pled in a foreclosure complaint?
Pick your title: “Just Don’t Do It!” … “Ethical Common Sense” … “Everyone is Tempted” By Michael J. Maslanka Real Estate Law, December 2015 It could easily happen that a transaction must close or is ready to close and a particular signature or notarization is missing. You need that signature and/or notarization. What do you do?
Pick your title: “Just Don’t Do It!” … “Ethical Common Sense” … “Everyone is Tempted” By Michael J. Maslanka Business Advice and Financial Planning, December 2015 It could easily happen that a transaction must close or is ready to close and a particular signature or notarization is missing. You need that signature and/or notarization. What do you do?
Big Brother is watching… your house! By Michael J. Maslanka Real Estate Law, November 2015 Homeowners better not ignore municipality or other local governmental notices regarding code violations, as Big Brother almost always wins.
What does “cf.” mean again? By Michael J. Maslanka Real Estate Law, November 2015 The 2nd District Appellate Court answered this question in its opinion filed on March 21, 2012 in the case of In Re Marriage of Romano.
In the Illinois mortgagee world, two strikes and you’re out! By Michael J. Maslanka Real Estate Law, October 2015 A look at the recent case of United Central Bank v. KMWC 845, LLC.
In the Illinois mortgagee world, two strikes and you’re out! By Michael J. Maslanka Commercial Banking, Collections, and Bankruptcy, October 2015 A look at the recent case of United Central Bank v. KMWC 845, LLC.

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