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DuPage County Lawyer Carol A. Nolan Relocates to Lisle, Illinois

Attorney Carol A. Nolan is excited to announce that she has moved her practice to a new location in Lisle, Illinois. She opened her new office on January 1, 2019.

Nolan’s office is located at 1001 Warrenville Road, Suite 224, near Route 53 and Interstate 88 and just south of the Morton Arboretum. For returning clients, her new location is less than seven miles from her Wheaton office. She will have the same phone number and email as in her previous office.

DuPage County lawyer Carol A. Nolan is one of the most experienced elder law attorneys in Illinois. She provides knowledgeable legal guidance for seniors, their families, and estate executors and trustees.

Nolan assists clients with several complicated elder law issues, such as estate planning, probate administration, Medicaid applications, nursing home preparations, and creating special needs trusts that protect clients’ state and federal benefits.

Nolan has been practicing in the field of elder law since 1996. She received her bachelor’s degree with magna cum laude honors from Northern Illinois University in 1992 and her juris doctor from the Northern Illinois University College of Law in 1995.

Nolan is a member of the Illinois State Bar Association and the DuPage County Bar Association, serving on the latter’s Probate Committee. She has received an Avvo 10.0 Superb rating as a Top Attorney in Elder Law and an AV Preeminent rating from Martindale-Hubbell.

About Carol A. Nolan: 
Carol A. Nolan is a solo practitioner of elder law, probate and trust administration, and estate planning. Based in DuPage County, she assists seniors and their family members with Medicaid applications, disability issues, and nursing home expenses. For more information or to schedule an appointment, call 630-668-6600 or visit https://www.canolanlaw.com.

Posted in: Law & Legal

Wills Variation: Evaluating the Claims of Independent Adult Children

As a team of wills and estate planning lawyers in Vancouver, it may surprise people to learn that a significant amount of will variation cases—people looking to challenge or alter a will—comes from adult children who have been disinherited and left out of their parents' wills. According to Section 60 of the Wills, Estates and Succession Act, adult independent children may ask the Court to vary the Will of their parent if the will-maker did not make adequate provision for the child. For more, go to: http://www.kushnerlaw.ca/wills-variation-claims-evaluating-the-claims-of-adult-independent-children/

The legislation uses the terms "adequate, just and equitable in the circumstances" to define the potential scope of a variation. While these terms are quite broad, the courts in British Columbia have given guidance as to what factors ought to be considered.

In the case of Dundson v. Dundson 2012 BCSC 1274, the Honourable Madame Justice Balance summarized the factors that a Court may consider in evaluating the potential size of a claim made by adult independent children:

[134] In the post-Tataryn era, the following considerations have been accepted as Informing the existence and strength of a testator's moral duty to independent children:

- relationship between the testator and claimant, including abandonment, neglect and estrangement by one or the other;
- size of the estate;
- contributions by the claimant;
- reasonably held expectations of the claimant;
- standard of living of the testator and claimant;
- gifts and benefits made by the testator outside the will;
- testator's reasons for disinheriting
- financial need and other personal circumstances, including disability, of the claimant;
- misconduct or poor character of the claimant;
- competing claimants and other beneficiaries:

Anyone who has been disinherited is advised to contact a lawyer experienced in estate litigation. To learn more, contact Kushner Law Group at 604-629-0432 or schedule a consultation.

About The Kushner Law Group
The Kushner Law Group was founded on the principle that a small law firm should be able to offer the same level of legal advice as a big firm at an affordable cost. A unique combination of legal experience and creativity allows the professionals at Kushner to come up with creative and practical solutions for a variety of legal problems.

For additional information, please visit http://kushnerlaw.ca/ or call 604-629-0432.

Posted in: Law & Legal

Livesay & Myers, P.C. Announces New Senior Associate

Livesay & Myers, P.C. proudly announces the promotion of attorney Caitlyn Stubbs to the position of Senior Associate.

Ms. Stubbs works in the Fredericksburg office of Livesay & Myers, P.C., and represents clients in Fredericksburg, Stafford and surrounding areas.

Originally from Iowa, Ms. Stubbs earned her college degree from Shippensburg University in Pennsylvania before moving on to attend Thomas M. Cooley Law School at Western Michigan University. Upon graduating from law school in 2013, Ms. Stubbs relocated to Northern Virginia. She worked as a family law and criminal defense attorney at a firm in Woodbridge, Virginia before joining Livesay & Myers, P.C. in January 2015. Since then she has practiced exclusively family law.

In just three years with Livesay & Myers, P.C., Ms. Stubbs has grown into one of the preeminent family law attorneys in the Fredericksburg-Stafford area. Her courtroom skills, attention to detail and tireless work ethic have consistently translated into positive results for her clients, who have rewarded Ms. Stubbs with a large number of outstanding reviews and testimonials online. She was named a Super Lawyers Virginia Rising Star in 2018–2019, and currently holds a 10.0 rating from Justia.

About Livesay & Myers, P.C.

Livesay & Myers, P.C. is a fast-growing family law firm with offices in Fairfax, Arlington, Manassas, Fredericksburg and Leesburg, Virginia. The firm was founded in 2003 by partners James Livesay and Kevin Myers. By 2016, the firm had made the annual Virginia Lawyers Weekly list of Virginia’s Largest Law Firms, debuting at #64 (and moving up to #63 in 2017 and #60 in 2018). Livesay & Myers, P.C. appears in the 2018 and 2019 Editions of the U.S. News & World Report listing of Best Law Firms as a Tier 2 firm in Family Law for the Washington, D.C. region.

Posted in: Building & Construction,Law & Legal

Housing Court Favors Landlord Mogul in Veteran Eviction Case

New York, NY. In a matter now filed with the Attorney General’s Tenant Harassment Prevention Task Force, the New York Court of Appeals upheld a lower court decision to charge a veteran for all legal fees incurred by his landlord in his attempts to evict him. Landlord, Larry Ginsberg, of Algin Management and owner of over thirty NY high-rise buildings, filed to evict a 40-year tenant on the basis of a claimed late payment of one rental check.

Tenant Gerard Sunnen, a Vietnam–era U.S. veteran (USAF-MC 71-73; USAF Reserves 73-82), states that this one check was duly sent, but not cashed. “For forty years the landlord happily took rent checks, Sunnen said, “ then one month, nothing except for a City Marshall eviction notice pasted on the door. While this may be a case of bias and discrimination, now known is that this is also a common tactic of certain NY landlords eager to flip apartments out of rent stabilization, flouting the rent stabilization guidelines of New York’s Department of Housing and Community Renewal (DHCR).“

.The matter landed in NY City’s Housing Court, where months of court appearances ballooned legal fees. Algin demanded some ,800 - reflecting the rates of the landlord’s lawyers, Belkin, Burden, Wenig and Goldman, LLP. - The matter went to Justice Anne Katz, head of NY’s Housing Court. Katz upheld the landlord’s demands.

Appealing the decision to the NY Supreme Court Appellate Term, First Department, the matter awaited final adjudication. In their decision, appellate justices Martin Shulman, Martin Schoenfeld, and Doris Ling-Cohan upheld Katz’s order.

“Tenants’ rights are sacrosanct in many cities around the world,” Sunnen added, “where community cohesion is protected. In these turbulent times breaking down New York’s cultural fabric via massive real estate upheavals, veterans, as all New Yorkers, should have housing shielded from powerful predatory interests, all in the context of a benevolent judicial system.“

Attribution:

Gerard Sunnen

200 East 33rd Street, 26J

New York, NY 10016

Tel. 212-6790679

gsunnen@aol.com

References: Index No. L&T 92116/02

L&T 078335/2015

NY County Clerk # 570869

Posted in: Government & Politics,Law & Legal,News & Current Affairs,Public Affairs

Jim Hitt Details Handling Hurricane Damage to Real Estate IRA Properties

The recent damage from Hurricanes Harvey, Irma, and Maria have changed the investing landscape for many—and that’s putting it lightly. Those with real estate affected by the Hurricanes are looking at real losses, either to their homes or to investment property that was set to serve as a retirement nest egg. Recently, Jim Hitt took to the American IRA blog to talk about how those with Real Estate IRA properties affected by hurricane damage can handle these issues.

The first topic for the post: insurance and repair considerations unique to Real Estate IRAs. Because investors shouldn’t intermingle their funds—which means investors should keep their IRA funds separate from the rest of their funds—it’s important to watch out for these issues especially when there’s a sudden demand for repair money. Real Estate IRA owners can be tempted to buy things like sandbags and temporary doors/fencing. But Real Estate IRA investors are expected not to use their personal funds to finance these items. There are common-sense repairs available, and Jim Hitt details these issues in the post.

“What many people don’t realize about Real Estate IRAs is that it’s important to keep them separated from an investor’s usual funds,” said Jim Hitt. “You wouldn’t move money in and out of a 401(k) without thinking about it first. Similarly, investors can’t simply go up to their property and use their personal credit card to make things right again. This is a separate, tax-protected investment account, and investors need to remember that they’re expected to treat it as such.”

For example, a settlement check from an insurance company for damage to the Real Estate IRA property should be made to the Real Estate IRA, not to the owner of the property. That requires paperwork done the right way on the front end, Jim Hitt says, which is why it’s so important to work with a reputable Self-Directed IRA custodian.

“There are tremendous benefits to the Real Estate IRA,” Jim Hitt said. “But an investor only realizes those benefits if they follow the rules. Even with special circumstances like hurricane damage, the rules still have to be followed.”

About:

American IRA, LLC was established in 2004 by James C. Hitt in Asheville, NC.

The mission of American IRA is to provide the highest level of customer service in the self-directed retirement industry. Mr. Hitt and his team have grown the company to over 0 million in assets under administration by educating the public that their self-directed IRA account can invest in a variety of assets such as real estate, private lending, limited liability companies, precious metals and much more.

As a self-directed IRA administrator, they are a neutral third party. They do not make any recommendations to any person or entity associated with investments of any type (including financial representatives, investment promoters or companies, or employees, agents or representatives associated with these firms). They are not responsible for and are not bound by any statements, representations, warranties or agreements made by any such person or entity and do not provide any recommendation on the quality profitability or reputability of any investment, individual or company. The term "they" refers to American IRA, located in Asheville, NC.

Posted in: Law & Legal