Charles E. Hutchinson

Charles is a creative problem solver and long time resident of Illinois. He has lived in Wilmette since 2011 with his wife and their three children. He received his B.A. in History from the University of Kentucky. He has a Juris Doctorate from Chicago's John Marshall Law School and is licensed to practice in Illinois. Charles is a member of the Illinois State Bar Association, the Chicago Bar Association, Phi Delta Phi honorary Legal Society, and the Wilmette/Kenilworth Chamber of Commerce.

Following his entrepreneurial spirit he has had since a child, Charles started his firm right out of law school. Having his own firm allows him to follow what he believes to be a core truth, "The first priority is the clients", not the billable hours required of large law firms in the area. From the very beginning the idea behind the Law Offices of Charles E. Hutchinson, Esq. was to help people protect and safeguard their assets for themselves, and for future generations to enjoy.

When Charles isn't in the office, you might find him coaching one of his children's soccer teams, baseball or softball teams.

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Illinois

Supreme Court of Illinois

The John Marshall Law School

J.D.

State Bar of Illinois  # 6313092

Member

Current

Q. My spouse has 2 ex wives, 0 kids, and NO WILL! Home is paid off.Should he pass away how will the estate be settled?

January 4, 2024

A: At the time of his passing, and there is no will, he is considered to have died "intestate". If he is a resident of the state of Illinois, the Illinois statute regarding intestate distribution will apply. Your situation falls under paragraph (c). (Ex-wives/husbands do not take under intestate law)

(755 ILCS 5/2-1) (from Ch. 110 1/2, par. 2-1)

Sec. 2-1. Rules of descent and distribution. The intestate real and personal estate of a resident decedent and the intestate real estate in this State of a nonresident decedent, after all just claims against his estate are fully paid, descends and shall be distributed as follows:

(a) If there is a surviving spouse and also a descendant of the decedent: 1/2 of the entire estate to the surviving spouse and 1/2 to the decedent's descendants per stirpes.

(b) If there is no surviving spouse but a descendant of the decedent: the entire estate to the decedent's descendants per stirpes.

(c) If there is a surviving spouse but no descendant of the decedent: the entire estate to the surviving spouse. ... Read More

Q. I live in Illinois If I gave someone power of attorney can they add themselves to my bank account as co-owner?

July 6, 2023

A: The power of attorney for property, also known as a durable power of attorney, does not authorize anyone to own your property. In fact, it does the exact opposite. The agent under the power of attorney MUST use the assets ONLY for the Principal.

B. As agent you must:

(1) do what you know the principal reasonably expects you to do with the

principal's property;

(2) act in good faith for the best interest of the principal, using due care,

competence, and diligence;

(3) keep a complete and detailed record of all receipts, disbursements, and

significant actions conducted for the principal;

(4) attempt to preserve the principal's estate plan, to the extent actually known

by the agent, if preserving the plan is consistent with the principal's best interest; and

(5) cooperate with a person who has authority to make health care decisions for

the principal to carry out the principal's reasonable expectations to the extent actually in the

principal's best interest.

As agent you must not do any of the following:

(1) act so as to create a conflict of interest that is inconsistent with the other

principles in this Notice to Agent;

(2) do any act beyond the authority granted in this power of attorney;

(3) commingle the principal's funds with your funds;

(4) borrow funds or other property from the principal, unless otherwise

authorized;

(5) continue acting on behalf of the principal if you learn of any event that

terminates this power of attorney or your authority under this power of attorney, such as the death

of the principal, your legal separation from the principal, or the dissolution of your marriage to the

principal. ... Read More

Q. Does a third beneficiary need to put into a trust when there are two already?

October 3, 2022

A: I think there is some confusion about what the attorney is likely asking.

Going only by your question, and having not seen the trust or the details, the grantor does need to add some information regarding additional beneficiaries. The missing blank which needs to be filled in is, what happens if the grantor and the two named beneficiaries all die at the same time (in a car accident, perhaps). While this may be unlikely, it can happen. Who gets the estate in that situation? The answer needs to be broad enough to give resolution, such as "to my family per stirpes" or "to a local charity, which rescues dogs", or "to my 'house of worship'".

I hope this helps. ... Read More