A Practical Guide to Elder Law Litigation: Will & Trust Contests and Using Evidence Effectively

The Medicaid planning landscape has changed a lot in a year. Come learn about what we currently know about Spousal Support Orders, the status of using spousal refusal to support as a Medicaid planning strategy, how Medicaid divorces work, and the latest on using Medicaid compliant annuities to protect assets.
Originally presented as part of Elder Law Short Course 2025.

Attorneys face many complexities when representing heirs, particularly when actions taken during the decedent’s lifetime—often by an agent acting under a Power of Attorney—come to light after the death of the decedent. When all assets pass by operation of law directly to beneficiaries, outside of an estate or trust, Attorneys may need to consider other avenues to pursue remedies for their clients. Using real-world examples, we’ll examine common conflicts that arise when agents claim they were "just doing what Mom wanted," and evaluating claims against agents under the Illinois Power of Attorney Act.
Originally presented as part of Elder Law Short Course 2025.

This course addresses the law in Illinois for challenging an estate plan based on undue influence, the presumption that may arise in such cases when a fiduciary is involved, and the process for shifting the burden.