Estate of Feinberg - The Jewish Trust Clause

(Estate " Tax Planning Musings)
... provision is ordinarily invalid if it tends seriously to interfere with or inhibit the exercise of a beneficiary's freedom to obtain a divorce * * * or the exercise of freedom to marry * * * by limiting the beneficiary's selection of a spouse * * *. * * * [Illustration 3.] The marriage condition terminates ... Notes, Comment j, Illustration 3, at 62-64 (3d ed.2003). We hold that under Illinois law and under the Restatement (Third) of Trusts, the provision in the case before us is invalid because it ...
May 27, 2009 09:24 am

The Jewish Clause

(Florida Probate Litigation)
... provision is ordinarily invalid if it tends seriously to interfere with or inhibit the exercise of a beneficiary's freedom to obtain a divorce * * * or the exercise of freedom to marry * * * by limiting the beneficiary's selection of a spouse * * *. * * * * * * [Illustration 3.] The marriage condition ... Notes, Comment j, Illustration 3, at 62-64 (3d ed.2003). We hold that under Illinois law and under the Restatement (Third) of Trusts, the provision in the case before us is invalid because it ...
May 25, 2009 07:25 pm

LexBlog Network Law Roundup - 5/20/09

(Real Lawyers :: Have Blogs)
... after power outages at the data center. Today, the batch of posts include what to expect from a divorce of the always interesting 'Jon & Kate Plus 8' couple, the accuracy of fingerprints and ... - David Bowerman of K&L Gates on the firm's Electronic Discovery Law blog Why Shouldn't You Rely on Certificates of Insurance As Proof of Additional ... Ashley Brandt of Foran Glennon Palandech & Ponzi on the firm's Illinois Construction Law Blog Supreme Court Issues Decision in AT&T v. Hulteen ...
May 20, 2009 05:31 pm
... decision from the Second District establishing that attorney fees are "actual damages" within the meaning of Illinois law. Nettleton v. Stogsdill, No. 2-07-1215 (Ill. 2nd ... actions -- she hadn't shown that she would have received a larger divorce settlement if not for Stogsdill. After various other legal maneuvers, Nettleton ... judgment, and the appeals judges agreed. Deposition testimony showed that at least some of the divorce would have to be litigated again because of Stogsdill's actions, and thus ...
May 17, 2009 06:31 pm

The Drew Peterson Rule

(Northern Law Blog)
... Glasgow received a favor from outgoing Governor Rod Blagojevich when the former governor signed into law the controversial "Drew Peterson" exception to Illinois' hearsay law. The relevant portion of the "Hearsay exception for intentional murder of a witness" is set ... that I read had any more detail than that. It is unclear whether there were any hearings scheduled in their divorce case at which Ms. Savio was expected to testify. Of course, there is always the possibility that she could testify at ...
May 14, 2009 07:43 am
... they had Savio's body exhumed. Savio died right before her divorce settlement with Peterson was going to be finalized by a court, and her death left him as ... he considers the amount excessive. Prosecutors say they may use a new hearsay law that allows the words of murder victims to be used against the defendants that are accused of killing them. ... Sun-Times, April 22, 2009 Related Web Resources: New Illinois hearsay law to shape Peterson case, Cleveland.com Drew Peterson timeline, Chicago Sun-Times ...
May 8, 2009 10:09 am

[Civil Unions] The Same-Sex Marriage Debate: Reason, or Fear of Contamination?

(The University of Chicago Law School Faculty Blog)
... I address the distinction between marriage and civil unions elsewhere in the chapter, I think the arguments against the pending Illinois civil union bill are the same ones standardly made against same-sex marriage. As we examine the ... to a legitimate public purpose, focuses on the difficulties that traditional marriage seems to be facing in our society. Pointing to rising divorce rates and evidence that children are being damaged by lack of parental support, people say that we need to defend ...
May 4, 2009 01:02 pm
... gays getting married, or the honeymoon, then settling in together and then finally getting divorced. (Trust me this could be good for some businesses.) To get a sense of what it's like to ... lowered their property values. Missouri is the show me state. My former brother-in-laws were from Newton, Iowa and Independence, Missouri. One late afternoon after ... 'll bet you didn't know that. SAFELY KISSING PIGS IN DECATUR, ILLINOIS We now introduce Illinois into the-strange-but-true news. Yes, In Decatur, ...
May 4, 2009 07:16 am

Divorce in Illinois After 50

(McLean County Divorce)
... 's social security benefits as a property right, the same way as a pension plan is divided? A: No. The law is that social security benefits are not regarded as an asset which will be divided in the divorce judgment, however, the income your spouse receives from social security will be considered in regards to ... , would be paying maintenance to the other. Jon D. McLaughlin, Esq. Cannell & Maulson, P.C. 211 West Jefferson Street Bloomington, Illinois 61701 (309) 828-5600 Jon@CannellandMaulson.com
April 23, 2009 11:26 pm

Legal News - LexBlogosphere: 4/23/09

(Real Lawyers :: Have Blogs)
... - Washington DC lawyers Steve Fox and Vadim Schick of Post & Schell on the firm's Health IT Law Blog Which doctor gives you the best chance of success? - Chicago attorney Mike Helfland on his Illinois Workers' Compensation Law Blog New Jersey Court Tackles Allocation Issues - Boston lawyer Michael Aylward of Morrison & Mahoney at the National Insurance Law Forum "Green" Practices to Ease Future Financial and Budgeting Concerns. - Ft. Lauderdale attorney Lisa ...
April 23, 2009 06:46 pm

Change of Child Custody

(McLean County Divorce)
... since the original custody order was entered. Look at it this way. After child custody is determined by a court order in divorce or paternity proceedings on the basis if the best interest if the child, the judge, in effect, states, "That's it. ... a custodian is an obvious change of circumstances. Smoking by the custodial parent is now being raised in change of custody proceedings. In the Illinois appellate court opinion which addressed the smoking issue the custodian's smoking did not result in a ...
April 21, 2009 08:58 am
... why Connecticut's civil union law was inadequate... Inadequacies aside, however, activists for LGBT rights are pursuing marriage alternatives in two jurisdictions where the passage of a marriage bill is unlikely at present. The Illinois legislature is contemplating civil unions ... this point conservative "family values" types should probably be focusing their attention on preventing easy divorce if they want to bolster traditional families. I think the Iowa decision is causing the more thoughtful ...
April 9, 2009 08:03 am
In Matter of Feinberg, an Illinois appellate court recently addressed the enforceability of a will clause that provided that the testator's descendants could only inherit from his estate if they married within the Jewish faith (or their ... that imposed similar faith-based marriage requirements on beneficiaries, and concluded that the clause impermissibly restrained marriage and encouraged divorce (id. at 994-95). Would such a clause likely be enforceable in New York? The answer may be "yes." ...
April 3, 2009 07:43 am

The Polar Digress Blog Post

(The Polar Digress)
2 Boys Found Dead; Mom Rips the Courts - March 31, 2009 - Illinois (Excerpts from the Chicago Tribune article:) Amy Leichtenberg worried this day would come, and ... he pressured her to sign a paper giving him custody of the boys if they divorced. He also demanded his wife make a videotape in which she claimed to ... abuse and substance abuse, still has a judiciary that will not correctly apply the very laws designed to protect lives. Incest and violence perpetrating fathers are continuing to be granted ...
March 31, 2009 10:29 am

Unlawful Visitation Interference

(McLean County Divorce)
/**/ Unlawful Visitation Interference From IllinoisDivorce.com Illinois law provides avenues in both criminal court and family court for divorced parents (and parents who were never married) to enforce their rights regarding ... f) Upon failure of the person to appear, a summons or warrant of arrest may be issued. (g) It is an affirmative defense that: a person or lawful custodian committed the act to protect the child from imminent physical harm, provided that the defendant's belief that there was ...
March 19, 2009 06:59 am
... 5 .C48 2006. AUTHOR Church, Martha J., 1942- TITLE Letters for divorce lawyers : essential communications for clients, opposing counsel, and others / Martha J ... IMPRINT Chicago : American Bar Assocation, Criminal Justice Section, c2007. Prison Law CALL # KF9011 .B47 2009. AUTHOR Bergmann, Janice. TITLE Another bite ... C365 2009. AUTHOR Carlson, A. Cheree, 1957- TITLE The crimes of womanhood : defining femininity in a court of law / A. Cheree Carlson. IMPRINT Urbana : University of Illinois Press, c2009 ...
March 3, 2009 11:44 pm

Grounds for Divorce in Illinois

(McLean County Divorce)
... Gitlin Q: Don't the grounds for divorce in the divorce petition tell the reason for the divorce? A: No, not by a long shot. Illinois has ten fault finding grounds ... matter? A: Not usually. As a matter of law if the person bringing the divorce cannot establish the grounds for divorce the judge cannot grant a divorce, however, the alternative is in living apart ... Jon D. McLaughlin, Esq. Cannell & Maulson, P.C. 211 West Jefferson Street Bloomington, Illinois 61701 (309) 828-5600 Jon@CannellandMaulson ...
March 2, 2009 09:41 pm
... questioning or challenging an asset, tracing is one way that parties can determine the original character of an asset. That said, in terms of distribution at divorce, Illinois is considered an "equitable distribution" state. Equitable does not mean equal, but rather what is fair. The court ... equity in the home. This article is not legal or financial advice. You should contact a lawyer, accountant and/or financial professional in your state to discuss the specifics or your case and applicable laws.
March 2, 2009 08:26 am
... or professors. In this post I want to provide ten pieces of information about South Texas College of Law ("STCL"), where I began my teaching career in January 1994. 1. STCL is located ... , Tulsa, and Indiana-Indianapolis), and Jim Alfini (former dean at Northern Illinois). The law school is expected to name its tenth dean within a few weeks. 3. ... alum for whom the STCL library is named, once represented actress Hedy Lamarr in a divorce action. 10. Federal Income Tax is a required course! So, tell me ...
February 25, 2009 09:25 am
... included $687,550 that the father received from selling property awarded to him upon divorce, as against the father's "double-dipping" argument. Moore v. Moore, No ... 457 (App. Div. 2007). Rejecting a substantive due process defense of unreasonableness, the Illinois Supreme Court affirmed a statutory penalty of $100 per day - totaling $1 ... Alas. 2007). Comity did not require a Maryland court to apply Pakistani law upon the divorce of Pakistanis who were long-term United States residents when Pakistani ...
February 10, 2009 09:33 am
 
 

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