On June 2, 2022, the Illinois legislature repealed a law that previously allowed the State of Illinois to place liens on real estate owned by Medicaid recipients to recover Medicaid benefits paid through the Aid to the Aged, Blind, or Disabled (AABD), Medical Assistance Grant (MAG) and Medical Assistance No Grant (MANG) Medicaid programs. While this does not prevent the …
Ask Cari: Difference Between Transfer on Death and Payable on Death Designation
Adding a payable-on-death (POD) or transfer-on-death (TOD) designation to an account allows the assets (money and property) in that account to be passed to a named beneficiary when the original account holder dies. Like trusts, POD and TOD accounts bypass probate. They are also fast, easy, and usually free to set up. However, they do not provide the full range …
How Business Executives Can Set and Meet Their Estate Planning Goals
As a business executive, you are used to strategizing and creating goals as part of your job. But have you devoted time to strategizing and creating goals to protect yourself and your loved ones? If not, we are here to help you address some of the goals business executives often have when looking to their future. Protecting Your Hard-Earned Money …
Cari’s Tips: Purchasing Real Estate for Business
Business owners must constantly weigh risks versus rewards when evaluating growth strategies. An example is owning commercial property, which involves more responsibilities and expenses than leasing a space. However, over the long term and in the right circumstances, commercial real estate may be a smart investment with a high upside. Buying a business property is a different process from buying …
Hear Cari Rincker’s Interview with Pace Law School
What was your path to law school? Did you always want to be a lawyer? When I was a very little girl, I wanted to be a lawyer but the truth was, I didn’t know many lawyers and I didn’t understand what they did. It wasn’t until I lived in Washington D.C. and interned in Capitol Hill in agriculture and …
Cari’s Tips: Could a Testamentary Trust Be What Your Loved Ones Need?
One of the main reasons that a person creates a revocable living trust (a trust established during a person’s lifetime that they can amend or revoke) instead of relying on a will to transfer their money and property to their beneficiaries is to avoid probate. Probate is the court process during which a person’s will is found to be legally …
Small Business Law: How to Offer Group Health Insurance in Your Business
Small businesses with fewer than 50 employees are not legally required to offer health insurance to employees, but health coverage is one of the most desirable job benefits. Approximately two-thirds of business owners provide health insurance as a way to hire and retain the best workers. Whether employer-sponsored health insurance is required by law or is offered as an optional …
Ask Cari: Limited Impact of Estrangement on Estate Planning
Unfortunately, rifts sometimes arise between family members that are much more serious than just temporary squabbles. The result may be estrangement, defined as “the state of being alienated or separated in feeling or affection; a state of hostility or unfriendliness” or “the state of being separated or removed.”[1] Estrangement does not mean that the relationship has come to an end …
Business Law: What You Need to Know about Articles of Organization
The limited liability company (LLC) is a popular entity structure among small business owners that provides governance and taxation flexibility and shields personal assets from business liabilities. To enjoy the benefits and legal protections of an LLC, however, owners must register their company with the state by filing articles of organization (sometimes called a certification of organization or certificate of …
Ask Cari: What You Need to Know About Paying Employees
Employees are essential to your small business. Hiring and retaining workers is one of the biggest challenges that business owners face. In this highly competitive labor market, employers are looking for competitive edges to attract—and keep—employees. While many workers currently place a greater emphasis on job attractors other than compensation, pay remains highly important to candidates. Any problems associated with …
Cryopreserved Embryos in Texas are Not “Unborn Children”: Analyzing the Decision of the Texas Court of Appeals in Antoun v. Antoun
Following the United States Supreme Court’s decision in Dobbs, which overturned Roe v. Wade, the Texas Human Life Protection Act took effect. This law defines an “unborn child” as “an individual living member of the homo sapiens species from fertilization through birth, including the entire embryonic and fetal stages of development.” Tex Health & Safety Code § 170A.001(5). The basic …
Cari’s Tips: Four Things Your Spouse Should Know Before You Die
It is normal for married couples to share almost every aspect of their lives with each other. But when it comes to death, even the closest couples might become tight-lipped about certain topics. According to one study, half of all couples fail to discuss their dying wishes.[1] Death is final for the departed. For the surviving spouse, death can leave …