When an Illinois resident dies without establishing a will, the State of Illinois will provide an “estate plan” for the deceased. Unfortunately, the state’s plan for asset distribution may not always coincide with the wishes of the deceased. When a will or other estate planning documents are absent upon an individual’s death, it is referred to as the person having died “intestate”. Upon an intestate death, the deceased’s property is passed to his or her heirs under the Illinois intestacy succession laws.
The rights of creditors under the Fair Debt Collection Practices Act are being reviewed by the United States Supreme Court. Currently, the law prohibits creditors from filing claims for time-barred debts. However, a recent split between the Circuit Courts means that this may change.
Chapter 7 bankruptcy is a useful tool for some individuals to discharge most of their debt. Chapter 7 bankruptcy, or “straight bankruptcy,” allows the filer to keep certain property exempt, while the rest is liquidated to satisfy the debt. Liquidation is the forced sale of an asset to satisfy an obligation, like loans or credit. The Bankruptcy Trustee would liquidate all of the filer’s non-exempt property to satisfy outstanding debts.
The credits then accept the payments in satisfaction of the debt; often it can be pennies on the dollar. Anything that is unpaid is discharged by the bankruptcy court.
Bankruptcy to relieve debt is an option for many senior citizens on a fixed income. However, bankruptcy may not make sense in every situation. Bankruptcy lawyers can help senior citizens considering bankruptcy determine the best course of action.
Many people facing bankruptcy are hesitant to file because of the negative impact it may have on their future. Although getting a car loan, mortgage or credit card will be more difficult in the short term, it is not impossible and as long as you keep your debts down and maintain your job status afterwards, your credit will rebound faster than you think. A bankruptcy attorney can explain the negative impacts on a person’s specific situation.
ABLE (Achieving a Better Life Experience) accountsare available for any Illinois resident who developed a qualifying disability prior to their 26th birthday. Any person can contribute to that individual’s ABLE account as long as the total contributed funds are not more than $14,000 per year. ABLE accounts with less than $100,000 do not count toward the disabled individual’s personal liquid assets.
Living wills, advanced directives and health care powers of attorney are all estate-planning documents that allow people to control their end-of-life treatment and who will be able to make medical decisions for them. When people near death, they may be unable to tell their medical team what kinds of care that they would like to receive. End-of-life care is a highly personal decision, and if a person Read More
When filing for Chapter 7 or Chapter 13 bankruptcy, federal debt may not be automatically discharged. Most tax debts are difficult to eliminate, and complicated bankruptcy laws are often difficult to understand without a bankruptcy attorney who understands federal laws.
An individual works hard to accumulate assets and build their net worth. Over a lifetime, assets such as real estate, businesses, art work, investment accounts, and cash savings can grow into a sizable sum. An estate plan helps shield these assets from taxes and ne’er-do-wells eager to get their hands on them.