Check back regularly to stay informed of decisions and relevant proceedings, as well as news from our legal offices.
This is a potential problem for many people. I hope you find it useful.
Collins v. Noltensmeier, 2018 IL App (4th) 170443 Plaintiffs had sued Defendant for a breach of fiduciary duty and conversion. A financial power of attorney (POA) is a document which gives another individual person authority to make decisions on your behalf. Frequently, an elderly parent will give this authority to an adult child. In this particular case the language in POA did not grant Defendant the authority to change beneficiary on decedent’s IRA to herself, and thus Defendant engaged in fraudulent self-dealing by doing so. Any conveyance of principal’s property that materially benefits the agent or is for the agent’s own use is presumed to be fraudulent.
As a homeowner, are you responsible for the damage caused by a tree on your property that hits your neighbor's home or other insured structure, such as a garage or shed? In most cases, the answer is "no."
When such damage occurs to your neighbor's home due to forces outside your control, for example, weather events, your neighbors may have to file a claim with their insurer to receive a reimbursement for the damage fallen branches or a down tree causes.
There is one exception, however. If it's determined that the tree damage stems from your negligence (for example, dead limbs that you refused to cut down, or you chose to trim your tree as a weekend project), then the neighbor's insurer may come after you to recover their loss, a process called subrogation.
You may want to check your policy or speak to your insurance agent to ascertain if your homeowners policy covers your liability in cases of negligence.
Proving what you knew or should have known can be difficult and costly in a court of law. It typically benefits both parties to arrive at a compromise that avoids an expensive legal process.
Zukowski Law Office
817 Peoria St
PO Box 484
Peru, IL 61354
Or use our contact form.
We can be reached during the following hours:
Monday - Friday
9:00 am - 5:00 pm
After hours appointments available per request