Legislation

Articles &
Publications


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.




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Legislation

Illinois Compiled Statutes Trusts and Fiduciaries Trusts and Trustees Act

Trusts and Trustees Act

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Illinois Compiled Statutes Insurance Illinois Insurance Code

Accident and Health Insurance

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Illinois Compiled Statutes Estates Probate Act of 1975

Guardians for Disabled Adults

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215 ILCS 5/356b

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.

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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.

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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.

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