LEGAL ADVICE IN THE MEDIA MAY NOT HOLD UP IN COURT Newspapers, magazines and websites are loaded with free legal advice, which can be a helpful way for consumers to learn more about various laws. Similarly, television courtroom reality shows and the movies may appear at first glance to be educational in nature. Exercise caution before acting on what may seem, at first glance, like advice. Often, it is misleading and sometimes blatantly inaccurate. Take, for example, a property transfer where a parent may wish to put his or her childs name on his home instead of transferring it to the child through his (the parents) will to avoid the lengthy process of probate and payment of an inheritance tax. There may be circumstances when it may make good sense for someone to take this action. When a person puts property in a childs name, the child owns it immediately, not when the parent dies. However, this tactic could backfire if the child was planning on applying for financial aid to go to college. If the childs name is on the deed, a future lender or school may consider this a financial asset and may deny the child financial aid. Similarly, if the child runs up a debt, for example, at the local lumberyard, the lumberyard could put a lien on the parents home because the child would appear as a joint or sole owner. A property transfer is also less flexible than a will. If the parent wants to change his will and give the house to a daughter, all he has to do is change the will. However, if the parent has already put the daughters name on the deed to the home, he would need to get the childs permission to make the change - which the child may not want to do. The lesson here is that this column is for general information only and is not giving free legal advice. The Illinois State Bar Association cannot possibly anticipate all the possible circumstances that every reader faces and accordingly, the information that is given in the column (while as accurate as possible) may not apply to everyones situation. If you are concerned whether the information you read in this (or any other) column applies to you, talk to a licensed attorney, tell him or her your situation, and listen to their professional advice. Note: This information was prepared as a public service by the ISBA. Every effort has been made to provide accurate information at the time of publication. For the most current information, please consult your lawyer. John Delaney is a member of the ISBA and Madison County Bar Association. If you need a lawyer... John Delaney, Attorney at Law 618-259-0500 [email protected]
Posted on: Wed, 24 Sep 2014 02:02:20 +0000
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