Members of Spain, Spain & Varnet P.C. have either written or been quoted in numerous articles related to estate planning. Richard Spain has written articles in several journals, including one published in The Practical Lawyer titled "Estate Planning for a Disabled Beneficiary." Theresa Varnet has also written several articles for journals and magazines, including a column that was regularly published in Exceptional Parent magazine. Listed below are links to several recent articles in which firm members have been quoted.

Articles

Info about ordering Home Control

Legislation

Resources
 
Articles
   
  Illinois Tax Law Changes
Effective January 2009
 

In 2003, Illinois enacted estate tax rules which, beginning January 1, 2009, do not parallel the federal fules for decedents dying after December 31, 2008. On January 1, 2009, the federal estate tax exclusion amount increases to $3.5 million. As part of the same legislation, Congress phased out the credit that had been allowed for state estate taxes (sometimes referred to as "death" taxes)....For more, click link:

 

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  Divorce and Special Needs Planning  

Persons who are disabled, as well as parents of children with disabilities, have special planning needs which need to be addressed if the parties are in the midst of a divorce.

Divorce and Special Needs Planning

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Providing for a Person
With Special Needs
An irrevocable special-needs trust is the best way to provide for a disabled or mentally retarded adult or child who needs to retain government benefits. Done properly, such a trust can ensure that the beneficiary will have the things that enrich his or her life now and after you are gone and still qualify for essential government benefits such as Social Security and health care.

Kiplinger's Retirement Report, November 2000 archived article OR check with your public libary

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How to plan a secure
future for children with
mental handicaps
Looking serious under her thick fringe of bangs, Susannah Eversman talks about her big plans for the future. Maybe she'll attend college in California, she volunteers, or perhaps tour with a rock band. But Susannah, 20, is also pretty happy with the present. Born with Down syndrome, she lives with her family in a substantial brick house in Naperville, Ill., has a serious boyfriend, and works part-time at a job she loves, busing tables at a local restaurant.


Kiplinger's Personal Finance, April 1, 2000 archived article OR check with your public library

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  When Your Kids Will
Always Be Dependent
How to assure care for disabled children

read more...

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Creating Housing Choices for Disabled Beneficiaries by the Use of
Supplemental Needs Trusts

Article written by Theresa Varnet for the Summer 2002 issue of the NAELA Quarterly.


Creating Housing Choices....

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Caring for Those in Need: Make sure your disabled heirs get the treatment they deserve

 

August 2002 Town & Country article in which Theresa Varnet comments on estate planning for families with a member with a disability.


Caring for those in need...


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Home Control
Home Control through Estate and Financial Planning A 60 page booklet on understanding government benefits, preserving eligibility for government benefits through estate planning, and planning for residential options for persons with developmental disabilities, "HOME CONTROL" was originally commissioned by and funded through a grant from the Illinois and Missouri Planning Councils on Developmental Disabilities.
The 2004 revised edition is currently available. To request a copy of "Home Control Through Estate and Financial Planning" please send request (plus $15.00 S&H) to:

SPAIN, SPAIN & VARNET P.C.
33 N. Dearborn #2220
Chicago, IL 60602
(312) 220-9112

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Legislation

Illinois Compiled Statutes
Trusts and Fiduciaries
Trusts and Trustees Act

Trusts and Trustees Act

read more...760 ILCS 5/

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Illinois Compiled
Statutes Insurance
Illinois Insurance Code

 

Accident and Health Insurance

read more...215 ILCS 5/

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Illinois Compiled
Statutes Estates
Probate Act of 1975
Guardians for Disabled Adults

read more...755 ILCS 5/

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Spain, Spain & Varnet P.C. rewrote this section pertaining to health insurance to liberalize the standard for continued coverage for children over the limiting age, typically graduation from college/age 22, on their parents' medical insurance, if the child has a disability which prevents the child from obtaining gainful employment.

For full text of statute, see above

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755 ILCS 5/11a-18 Spain, Spain & Varnet P.C. drafted this new law which permits a guardian, under certain circumstances and with court authorization, to create an estate plan on behalf of and in the name of the ward.

For full text of statute, see above

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760 ILCS 5/15.1 Spain, Spain & Varnet P.C. rewrote this section on trusts for a beneficiary with a disability to include the then new OBRA '93 federal legislation. That legislation authorizes the creation of a special needs trust funded with assets belonging to an individual under the age of 65 with a disability, as long as the state receives any money remaining in the trust at the individual's death up to the amount of Medicaid benefits received by the beneficiary. The OBRA '93 legislation also authorizes certain other trusts and transfers. These provisions are in addition to special needs trusts created with funds from a third party, which trusts do not generally require reimbursement to the state at the beneficiary's death.

Full Text of Statute

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  Resources  
Disney World for Everyone


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Spain, Spain & Varnet P.C.
33 N. Dearborn #2220 Chicago, Illinois 60602 Phone: (312) 220-9112