Law Office of Michael J. Fleck, LLC

07/03/2024

I am proud to announce that my paper, "Artificial Intelligence and Technology in Estate Planning and Administration – Pros and Cons of Access to Legal Services for the Disadvantaged" was selected for presentation at the 21st Annual International Conference on Law in Athens, Greece July 15-18. The paper was further selected to be published in the peer-reviewed journal, the Athens Journal of Law (e-ISSN: 2407-9685 DOI: 10.30958/ajl) in a future edition. ApApril Sondgeroth Flecknd I will be heading to Athens soon and are looking forward to this wonderful opportunity as well as to finally see all of the amazing places I heard so much about in my Greek Mythology (with the legendary Professor Scanlan), Greek Civilizations and Greek Literature courses at U of I.

06/10/2022

EMPLOYMENT LAW: New Changes for Bereavement Requirements effective 1/1/2023,:

This is known as the The Support Through Loss Act.

The Act requires now requires employers to provide two weeks unpaid leave to employees (or to support a spouse or partner) for:
1. miscarriage
2. unsuccessful round of intrauterine insemination or other assisted reproductive procedure
3. failed or non-finalized adoption match
4. failed surrogacy agreement
5. diagnosis affecting fertility
6. stillbirth

Employees can also utilize this time off to support a spouse or partner experiencing one of these losses.

For funerals, the Act requires ten days of leave for:
1. attending funerals of covered family member
2. making arrangements for the death of a covered family member
3. grieving the death of a covered family member

Covered family member now includes children, stepchildren, spouses, domestic partners, siblings, parents, parents-in-law, grandchildren, grandparents, or stepparents.

Public Act Text for the Illinois General Assembly

06/04/2021

Two Bills related to adult disabled persons passed both Legislative Chambers. Here is a synopsis with links to the Bills:

1. House Bill 842 - Re: Adult guardianship
https://ilga.gov/legislation/102/HB/PDF/10200HB0842lv.pdf

This Bill deletes the language providing that if the respondent is unable to pay the fee of the guardian ad litem or appointed counsel, or both, the court may enter an order for the petitioner to pay all such fees or such amounts as the respondent or the respondent's estate may be unable to pay. It replaces this language with the discretion of the court. It also prohibits legal fees, appointed counsel fees, guardian ad litem fees, or costs from being assessed against the Office of the State Guardian, the public guardian, an adult protective services agency, the Department of Children and Family Services, or the agency designated by the Governor under the Protection and Advocacy for Persons with Developmental Disabilities Act. Effective Jan. 1, 2022.

2. House Bill 3849 - Supported Decision-Making Agreement Act
https://ilga.gov/legislation/102/HB/PDF/10200HB3849lv.pdf

This Bill creates the Supported Decision-Making Agreement Act. It authorizes the creation of supported decision-making agreements and allows a supporter to assist a principal with an intellectual or developmental disability in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement. It will be effective six months after the Governor signs it.

05/26/2021

Real Estate is super hot these days. Whether you are buying or selling, we can represent your interests and get your deal closed.

Call us at 847-669-2558 or email [email protected].

Over 25 years experience in Real Estate Transactions.

Member of the Illinois Real Estate Lawyers Association

04/15/2021

My latest article for the ISBA Trust & Estates Section on the use of Transfer on Death Instruments (TODIs) and pending legislation to improve its utility.

12/01/2020

The Governor's new "Restrictions" on his continuing Eviction Moratorium frankly ring hollow.

Since COVID-19 descended on us, Governor Pritzker has implemented a moratorium on evictions for landlords, which to date has been extended 8 times. Non-paying tenants face no fear of being evicted during the pandemic, which for some can be a good thing. For others, it was and is an opportunity to simply quit paying rent. Facing pressure from landlords (many of whom are not wealthy at all despite misapprehensions of landlords and many of whom still have mortgages to pay on their investment property), the Governor finally added a restriction that requires a tenant to file a declaration, under penalties of perjury, that they do not make enough money and therefore can avoid being evicted.

But here's the thing: The declaration (among other statements) requires the tenant to state, "I either expect to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), was not required to report any income in 2019 to the U.S. Internal Revenue Service, or received an Economic Impact Payment pursuant to Section 2001 of the CARES Act"

How do these income thresholds comport with the typical Illinois resident's annual income? According to 2018 US Census data, median household income in Illinois was only $65,030. The Illinois county with the highest 2018 median household income was DuPage with a value of $93,750, followed by Kendall ($89,862) and Lake ($87,133.) The governor's financial declaration threshold to save tenants is over $5,000 higher than the highest county median income in the State! Almost ALL residential tenants in Illinois make less than the income threshold. Most citizens with that level of income are homeowners.

It does require tenants to continue to pay and they will be liable for unpaid rent, but if there is no money to recover from a judgment in the landlord's favor, what does it matter, especially when the landlord may need the funds now?

This does NOTHING for landlords who are losing their income and investment. It is, in my opinion, tantamount to a taking of property without just compensation.

It is time for the State of Illinois to get serious about truly reasonable rules for evictions and for the legislature to get off of the sidelines and start legislating, instead of allowing the state to be ruled solely by executive fiat.

05/29/2020

PSA: I am still going to practice law in Huntley, as I have for the past 25 years! This is my adopted hometown and I love being able to serve the community. Thank you to the Northwest Herald for updating this article with more information.

The Huntley School District 158 board is looking for a new member with board president Michael Fleck set to resign on July 16 as he prepares to move out of the district.

03/27/2020

Thinking of getting Powers of Attorney for Healthcare and Living Wills in place? New rules allow for remote signing, witnessing and notarizing.

03/27/2020

RE: REMOTE NOTARIAL ACTS - COVID-19

The Governor of Illinois has signed an executive order allowing for remote notarial acts under certain circumstances, including:

"During the duration of the Gubernatorial Disaster Proclamation related to COVID-19, notwithstanding any law or regulation of the State of Illinois to the contrary, absent an express prohibition in a document against signing in counterparts, all legal documents, including deeds, last wills and testaments, trusts, durable powers of attorney for property, and powers of attorney for health care, may be signed in counterparts by the witness(es) and the signatory. A Notary Public must be presented with a fax or electronic copy of the document signature pages showing the witness signatures on the same date the document is signed by the signatory if the Notary Public is being asked to certify to the appearance of the witnesses to a document.

View up to date information on how Illinois is handling the Coronavirus Disease 2019 (COVID-19) from the State of Illinois Coronavirus Response Site