Christina Mermigas, attorney in Chuhak & Tecson, P.C.’s Estate & Trust Administration & Litigation and Estate Planning & Asset Protection practice groups, provides recommendations for your Will to stand the test of time in acknowledgement of August Make-a-Will Month.

One of the primary documents in your estate plan should be your Last Will and Testament. Your Will controls the disposition upon death of any asset held in your individual name — not held jointly or in trust or that has a beneficiary designation attached to it.

In Illinois, there are four requirements to create a valid Will. First, the maker of the Will must be at least 18 years of age. The second, and most contested component, is that the maker must be of sound mind and memory. This is what we call testamentary capacity. The testator must have a complete understanding of their property’s extent and nature and comprehend that by signing the Will, they are altering the disposition of that property.

The third requirement is that the Will must be in writing. It can be typed; it can be handwritten; it can even be electronic, but it cannot be holographic and you cannot do a video Will. The fourth and last component of a valid Will requires that the Will must be signed contemporaneously by the maker of the Will and two uninterested witnesses. These witnesses cannot be related to the maker by blood or marriage nor can they be beneficiaries named in the documents.

And that’s it. Those are the four components to a valid Will. It seems straightforward, but there are a few drafting errors that I see from inherited or older documents that should be avoided or corrected.

1) A missing self-proving affidavit. The self-proving affidavit is a notarized affidavit that is signed by the maker and the witnesses that allows the Will to be admitted to probate on its terms. If the Will lacks this affidavit and needs to be admitted to probate, then your loved ones are stuck trying to locate the witnesses so they can provide testimony. The problem? Good luck trying to locate witnesses from 20 years ago or who you do not know. This “prove-up” step wastes time and money and can easily be avoided by having this affidavit attached to your Will.

2) No waiver of bond or surety. In probate, the court can require the executor to obtain a probate bond, a type of insurance policy, before appointment to protect the estate’s assets for the heirs. The Will can specifically waive this requirement saving your family a great deal of time and money from having that unnecessary insurance expense.

3) Not being specific about the powers of your executor. Although these provisions may seem like boilerplate, they are essential provisions. If your Will does not contain or outline those executor powers, then your executor is stuck asking the judge for approval of specific actions like selling real estate, which again is unnecessary attorney fees and expenses.

4) Handwriting modifications to your Will. You cannot simply just cross out or type in a modification to your original Will. The changes to a Will must meet the same four requirements outlined above. To create a valid Will. To be valid, a Will modification requires a separate document to be drafted by an estate planning or elder law attorney.

Please review your Will to ensure that it avoids these pitfalls and it withstands the test of time. Consider contacting one of the experienced estate planning or elder law attorneys at Chuhak & Tecson.

Client alert authored by Christina M. Mermigas, (312 855 4354), principal.

This Chuhak & Tecson, P.C. communication is intended only to provide information regarding developments in the law and information of general interest. It is not intended to constitute advice regarding legal problems and should not be relied upon as such.

Chuhak & Tecson proudly announces that Missy Turk Firmage, principal in the Estate & Trust Administration & Litigation practice, has received the Chicago Bar Foundation 2025 Maurice Weigle Exceptional Young Lawyer Award celebrating the initiative, commitment and exceptional contributions of young lawyers to the profession, the organized bar and the community. Missy has built a successful fiduciary probate litigation and administration practice and is being recognized for her leadership and service to the bar and commitment to pro bono work. This award in part recognizes the countless hours Missy contributes every year to her pro bono cases with Chicago Volunteer Legal Services (CVLS) where she serves as Guardian ad Litem for minors and adults with disabilities.

According to the Chicago Bar Foundation “Missy exemplifies the highest ideals of the legal profession. Missy’s commitment to pro bono and community service and the organized bar are not a footnote to her career — they are central to it. Her efforts reflect a deep, sustained engagement with the most vulnerable people in our community, far beyond the obligations of her professional role. Missy indeed is an exceptional lawyer and leader and an ideal recipient of this year’s Exceptional Young Lawyer Award.”

Active in the Chicago Bar Association, Missy recently served as the legislative liaison of the Mental Health and Disability Law Committee and previously chaired and vice chaired the Probate Practice Committee. As Judge Daniel B. Malone, presiding Judge of the Probate Division of Cook County, stated, “Missy has done more to further education, youth empowerment and the legal community in Chicago in eight years than many veteran attorneys accomplish in their entire career.”

Within her firm, Missy also dedicates her time to mentoring younger attorneys. Mallory Moreno, principal and leader of the firm’s Elder Law practice, said, “Throughout her career, Missy has modeled the highest ethical standards and has shown a deep respect for the role of lawyers as both advocates and public services. She is widely admired for her thoughtful approach to practice, her collaborative spirit and her consistent efforts to elevate the profession. Missy has consistently gone above and beyond her job responsibilities in her dedication to pro bono work.”

This sentiment was echoed by Ray J. Koenig III, member at Clark Hill who wrote in support, “Missy is not only an exceptional attorney; she is a leader, mentor, and advocate who embodies the mission and values of the Chicago Bar Foundation. She continually uplifts the profession through her service, leadership, and unwavering belief that legal practice can — and must — be a force for dignity and justice.”

Earlier this year, Missy was named to the CVLS Honor Roll in recognition of her commitment to pro bono work. Meg Benson, Executive Director of CVLS said, “When it comes to community service and pro bono, Missy walks the walk. What really sets Missy apart and makes her truly unique and exceptional is the compassion she brings to these cases. Her compassion for the troubled families she encounters is exceeded only by her tenacity when advocating for the best interests of her child-clients. She never shies away from a difficult or lengthy case or a challenging family dynamic. Her dedication to her work and clients have endeared her to CVLS, her colleagues in the Probate Division and to the Court. She really and truly illustrates the ideals of our profession.”

Recently, Mitch Weinstein, president of the firm, announced the appointment of Missy as the firm’s Pro Bono Publico chairperson. The chairperson will implement the firm’s pro bono publico policy, tracking among other things, the firm’s pro bono hours and opportunities to serve.

On appointing Missy, Weinstein said, “We are proud of Missy and know that she will be an extraordinary leader of our pro bono publico efforts. Missy’s accomplishments are exceptional and these recognitions are well deserved. Simply put, our firm is stronger having her a part of the team. We know there will be many more recognitions in the future for her and we are excited to see what comes next from Missy in her legal career.”

The Weigle Award reflects the devotion of father and son, Maurice W. Weigle and Maurice S. Weigle, who each exhibited a lifelong dedication to the law and the community. To be nominated, an attorney must be 36 years or younger and be a member of the Chicago Bar Association. Individuals are selected based on their contributions to furthering the ideals of the legal profession, contributions to strengthening the organized bar as an effective force for improving the legal profession and for demonstrating commitment to pro bono and community service.

The 27^th annual CBA & CBF Pro Bono & Public Service Awards luncheon was held on Friday, July 25, at the Hilton Chicago, 720 S. Michigan Ave., Chicago. Chuhak & Tecson heartily congratulates Missy for this outstanding and significant award.

Chuhak & Tecson, P.C. is excited to announce that experienced law firm leader Kimberly Nega has joined the firm as its first chief administrative officer (CAO). In this new role, Nega will leverage both her extensive knowledge of law firm operations and her innate ability to bring out the best in the people and processes to maximize the efficiency and effectiveness of the firm’s day-to-day functions and align individual and team efforts with strategic organizational goals.

Michelle Schadler, Chuhak & Tecson’s chief operating officer, says that Nega brings with her the kind of leadership approach that fits perfectly into the firm’s #OneFirm philosophy.

“Kim is a natural consensus builder who knows how to break down silos, raise people up and drive positive change in a way that gets enthusiastic buy-in from all constituencies,” Schadler says. “She has been immersed in law firm culture her entire career, so she understands what makes a firm tick and knows what it takes to get a large, diverse group of legal professionals all pulling in the same direction. I think Kim’s efforts here will help drive our business strategy efforts to transform our support structure.”

Those efforts will involve an expansive portfolio of responsibilities that extend across a broad spectrum of Chuhak & Tecson’s personnel and processes. Nega’s multifaceted role includes managing many high-level human resources functions such as employee benefits and relations, systems, compliance and non-attorney performance, as well as overseeing other support services including recruiting, facilities, office services and secretarial services.

Nega says that her enthusiasm about the opportunity to join Chuhak & Tecson reflects her appreciation of how the firm values and treats its people and its commitment to helping them grow and thrive.

“Effective law firm leadership isn’t a top-down proposition. It comes from recognizing the value of what each person brings to the table and how important it is that they feel heard, supported and respected,” she says. “When that is the case, as it is here, it gives people a sense of personal investment in the firm’s success and makes process improvement that much more impactful.”

Prior to joining Chuhak & Tecson, Kim served as chief human resources officer and legal support & professional personnel manager at two other major Chicago law firms. She earned her Bachelor of Science in Human Resource Management from DePaul University and holds a Professional Certification and Strategic Professional Certification from the Society for Human Resource Management. 

This July, Chuhak & Tecson, P.C. proudly celebrates the 15^th anniversary of its industry-leading Condominium & Common Interest Community Association practice group. Though this is a significant and noteworthy milestone, the firm’s condo and Homeowners Association (HOA) attorneys have been providing steady guidance, clear direction and innovative resources for boards throughout Chicagoland for over five decades. During that time, the firm has established itself as counsel of choice for associations of all sizes on day-to-day issues and long-term strategic challenges alike.

Practice leader and Chuhak & Tecson principal David Bloomberg says that the firm’s establishment of a standalone group in 2010 was a reflection not only of the consistent expansion of its condo and HOA representation but also of the sophistication of its work and the intuitive understanding its attorneys have regarding the unique needs and perspectives of board members.

“I think what makes this group special is the way we meet clients where they are, recognizing that board members are volunteering to serve their communities with the best intentions but may lack the knowledge or background to address the legal, financial and interpersonal complexities involved in their roles,” Bloomberg says. “As such, we focus on ensuring that our counsel is practical, actionable and straightforward. Board members get the benefits of our experience and insights but without the jargon or legalese.”

Chuhak & Tecson’s Condominium & Common Interest Community Association practice group provides full-spectrum representation to condo and HOA boards throughout Chicagoland, whether those boards serve a handful of owners or are responsible for governing a high-rise with scores of units. Working seamlessly and collaboratively with boards, the firm’s attorneys answer legal questions as to operations and governance, prepare and review declarations and bylaw amendments, negotiate contracts, develop effective approaches to enforcing an association’s rules and regulations in a timely and efficient manner and analyze insurance policies and coverage. The group also helps new associations transition from developer-controlled boards to those controlled by owners, and consults with boards on how best to meet projected expenditures by borrowing, using reserve funds or levying special assessments. If borrowing is in order, the group has extensive experience navigating the lending process as well as relationships with Chicago-area lenders that focus on loans to associations.

Those relationships reflect both the long-standing presence and well-earned reputation of the firm’s condo and HOA attorneys, Bloomberg says, and is a big part of what makes the group so effective.

“Whether with our clients or our partners in the industry, we put a premium on forging enduring and close working partnerships,” he says. “This allows us to meet our clients’ needs quickly and efficiently while also providing them with resources and trusted guidance they can access with one phone call.”

Bloomberg notes that the group excels at guiding boards through some of the thornier issues that arise in association governance, including disputes with or between unit owners, discrimination claims and delinquent assessments.

“These issues can be both costly and disruptive for the whole community and put board members in really uncomfortable positions with the neighbors they serve, he says. “We strive to relieve them of those burdens with effective dispute resolution approaches as well as our unique, low-cost and turnkey assessment collection procedure. At its core, our job is to make their jobs easier.”

Chuhak & Tecson congratulates all of the talented attorneys in the Condominium & Common Interest Community Association practice group on this noteworthy anniversary.

Over the past 60 years, thousands of attorneys throughout Chicagoland have dedicated their time and efforts on a pro bono basis to Chicago Volunteer Legal Services (CVLS) and its mission to help people working or living in poverty get access to quality legal representation and services that are all too often beyond their reach. Two of those dedicated lawyers – Chuhak & Tecson’s Missy Turk Firmage and Nicholas Zausch – were recently recognized by CVLS for their years of commitment, compassion and hard work serving as guardians ad litem and protecting the rights, health and well-being of minors and disabled adults.  

At an event on June 18, 2025, both Firmage and Zausch will be inducted into CVLS’ 2025 Honor Roll. This distinction recognizes volunteers who have dedicated themselves to providing pro bono services to low-income clients.

Lindsey Paige Markus, leader of Chuhak & Tecson’s Estate Planning & Asset Protection practice group, says that the award is more than well-deserved and reflects both lawyers’ steadfast determination to ensure that those most vulnerable to abuse, exploitation or harm can avail themselves of the protections provided by the legal system.

“Missy and Nick are extraordinary attorneys not just because of the quality of their work, but also because they are so passionate about that work,” Markus says. “In their practice and in their pro bono efforts, they both demonstrate extraordinary empathy and genuine, deeply felt concern for those they represent. We are so proud of them and all they do and contribute to make lives better for others in their community.”

Firmage, whose private trust and estate practice involves a significant amount of guardianship work, serves CVLS clients as a guardian ad litem for minors, often in situations involving serious abuse and neglect allegations. She also serves as Third Chair on CVLS’ Associate Board and has served on the board for the past several years.

Zausch, an experienced probate practitioner, acts in a guardian ad litem capacity for adult CVLS clients while also providing counsel on matters involving estate planning, complex estate litigation and estate tax.

CVLS is the first and pre-eminent pro bono civil legal aid provider in Chicago, leveraging the time and talents of more than 2,300 volunteer attorneys to deliver the most comprehensive, efficient and cost-effective civil legal aid in Chicago.

Chuhak & Tecson congratulates Firmage and Zausch on their induction into the CVLS Honor Roll and for all of the work they do, year in and year out, to ensure that underserved individuals and families in Chicago receive the counsel and support they need and deserve.

Chuhak & Tecson, P.C. proudly announces that Christina M. Mermigas has been elevated to equity principal of the firm. Her elevation reflects her professional accomplishments and leadership within the firm as well as the deep sense of commitment, empathy and humanity she brings to her work. Mermigas serves as an exemplar of Chuhak & Tecson’s “Right there with you” maxim, standing side-by-side with her clients wherever their personal and business journeys take them.

Lindsey Paige Markus, equity principal and leader of the firm’s Estate Planning & Asset Protection practice, says that in addition to her sound judgment, sophistication and actionable counsel on estate planning and administration, asset protection and corporate matters, Mermigas’ success can be attributed to something far more intangible but of equal, if not more, importance to the clients she serves.

“The relationships and bonds Christina forges with her clients really transcend attorney-client,” Markus says. “She just has this way about her that instills not only trust and confidence in her guidance, but also a deep sense of comfort and the peace of mind that comes from knowing that there is someone so genuinely invested in your well-being and your dreams for the future.”

Licensed in both Florida and Illinois, Christina represents individual and business clients in estate planning, business succession planning and the administration of estates and trusts, including Florida probate matters. She prepares individually crafted estate planning documents, including revocable and irrevocable trusts, wills, powers of attorney and other estate planning vehicles for clients with modest estates as well as high-net-worth clients with large, complex portfolios. Christina also develops and implements comprehensive and thoughtful estate and asset protection plans, including trust funding approaches, that achieve a client’s business and personal goals, such as probate avoidance and estate tax minimization.

A seasoned corporate lawyer as well, Christina works with business owners on both day-to-day matters and long-term strategic goals. She has extensive experience representing clients in all phases of a business’ life cycle, including entity formation, restructuring and reorganization, the sale of stock or assets and the transition of ownership and management. Christina also provides counsel on mergers and acquisitions, shareholder and buy-sell agreements and the development and maintenance of corporate governance.

Not only is Mermigas’ elevation more than well-deserved, Markus says, but it is also a source of pride that another woman attorney is joining the firm’s ranks of equity principals.

“Having Christina at the table along with myself and our other women equity principals reflects our ever-increasing contributions to the firm’s success as well as the firm’s commitment to ensuring that a diversity of voices and perspectives are included in its strategic decision-making,” she says.

Mermigas has been frequently recognized by her peers for her professional excellence and is actively involved in the firm’s operations and management, having served as a member of the firm’s Strategy Development Committee and as chair of the Associate/Law Clerk Oversight Committee. She currently serves as an ambassador of Chuhak & Tecson’s Women Helping Women program.

Lindsey Paige Markus, shareholder and leader of Chuhak & Tecson’s 25-attorney Estate Planning & Asset Protection practice, presented an important and informative program titled “Not all Trusts are Created Equal – Proactive Estate Planning Strategies to Minimize Estate and Income Tax” on May 1, 2025, to members and guests of the Lake County Planning Council at the Lake Forest Club, 554 N. Westmoreland Road, Lake Forest, IL.  

Navigating the estate tax landscape requires meticulous and proactive planning at both the state and federal levels. Those in attendance learned how not all plans are created equal… and not all trusts are created equal. Subtle modifications in funding and drafting trusts can have a material impact on estate tax savings. In addition, attendees learned how annual lifetime gifts can be used to leverage wealth transfer and translate into millions of dollars of estate tax savings at the federal and state levels.

Markus has been widely recognized in countless publications, has appeared on local television shows and has a national practice. She is the author of A Gift for the Future – Conversations About Estate Planning, which has been a #1 Best Seller on Amazon in Legal Self-Help and a #1 New Release in several categories.

The Lake County Planning Council is part of a national network of 275 estate planning councils across the country as a member of the National Association of Estate Planners & Councils, an organization dedicated to providing resources and education to the estate planning profession.

May is National Elder Law Month — an excellent opportunity for elder law attorneys to educate and advocate for older persons, persons with disabilities and their families. Elder Law attorneys handle a wide range of legal matters affecting older persons and persons with disabilities, including issues related to healthcare, long-term care planning, guardianship, retirement, Social Security, Medicaid, veterans needs and so many other important matters that must be considered today to ensure better and enjoyable future years.

Elder law attorneys address critical issues facing our aging population and individuals with disabilities, many of whom are unable to speak for themselves. Elder law attorneys are trained and have the sensitivities needed to help their clients find a sense of peace during life-altering moments of crisis, such as losing a loved one, being faced with unforeseen health problems, experiencing family strife or planning for expensive long-term care.

Chuhak & Tecson is proud to acknowledge its experienced team of elder law attorneys, including two Certified Elder Law Attorneys (CELA), Christine Barone and Mallory Moreno. According to the National Elder Law Foundation, there are only 13 CELAs in Illinois currently. Our elder law attorneys focus their practices in adult guardianships, both contested and non-contested, estate and trust administration and litigation, including financial exploitation, will and trust matters, fiduciary disputes, issues of capacity, powers of attorney, undue influence, financial exploitation and fraud. A large portion of their practices is also dedicated to long-term care planning, Medicaid, Medicaid appeals, estate planning, special needs planning and disability law.

“We are living in an unprecedented time,” said Mallory Moreno, principal and leader of the Elder Law practice group at Chuhak & Tecson. “For the first time in U.S. history, it is projected that by the year 2034 the number of individuals aged 65 and older will outnumber individuals ages 18 and younger. This means that it is more important than ever to consider all that elder law provides to an ever-aging population, from estate planning, disability planning, long-term care needs, Medicare, retirement and Social Security to crisis and postmortem planning. Especially now, as families face uncertainties with their futures, their benefits, their housing, and their care, Elder Law is only becoming more vital in households across the country.”

An elder law attorney will provide you with guidance and support on any of the above concerns. Please don’t hesitate to contact one of Chuhak & Tecson’s skilled and knowledgeable elder law attorneys.

Elder law attorneys at Chuhak & Tecson, Christine A. Barone (312 855 4348)l; Bryan M. Montana (312 855 6105)l; Mallory A. Moreno, (312 855 4317; Olive Wassen, (312 855 6419).

This Chuhak & Tecson, P.C. communication is intended only to provide information regarding developments in the law and information of general interest. It is not intended to constitute advice regarding legal problems and should not be relied upon as such.

Chuhak & Tecson, P.C. is pleased to announce that Stephanie M. Berardi has joined the firm as an associate in the Trust Administration & Litigation practice.

Stephanie focuses her practice on trust and estate controversies, business succession disputes and guardianship administration and has substantial experience rigorously representing clients at all stages of complex litigation including, but not limited to, matters involving will and trust contests, breach of fiduciary duty claims, breach of contract claims, financial exploitation claims, and other related disputes.

Lindsey Paige Markus, leader of the firm’s 25-attorney Trusts & Estates practice group added, “We are thrilled to have Stephanie, a dynamic and energetic attorney,  join our great Trust & Estate’s team. I am confident that she will grow and thrive and that our group and firm will benefit from extraordinary skills in complex litigation.”

She appreciates how her counsel and advocacy can make a significant difference in the lives of her clients as they face challenging decisions. She approaches her practice with empathy and creativity, consistently exploring multiple avenues and strategies to provide the best possible solutions for her clients. Stephanie recognizes the emotional weight of matters involving family, aging, illness and death and takes pride in offering compassionate and thoughtful guidance to clients during some of the most challenging times in their lives.

Stephanie received her B.A. degree from University of Illinois at Urbana-Champaign, in political science and communications and leadership studies and her J.D. degree from DePaul University College of Law, Chicago, IL.

Chuhak & Tecson, P.C. proudly announces that Robert (Bobby) Strauss has joined the firm as a principal. A talented dealmaker and trusted business counselor, Strauss brings equal measures of dollars-and-cents analytics, meticulous attention to detail and creative and entrepreneurial big-picture thinking to his work on a wide range of corporate, real estate finance, healthcare and banking matters.

Strauss represents national, regional and community banks and private lenders in lending transactions and also regularly serves as outside general counsel to family-held businesses and entrepreneurs. While Strauss’s 25 years of vast experience extends across multiple industries, he is particularly well-versed in the representation of healthcare providers and practices, including physicians, dentists and related oral health specialists and veterinarians.

Firm president Mitch Weinstein says that he is excited to introduce Strauss to the firm’s clients because of the unique combination of talents and perspectives he brings to the table.

“It is a well-worn cliché that lawyers and numbers supposedly don’t mix. You can’t say that about Bobby,” Weinstein says. “What makes him special is that he complements his mathematical and scientific background with an innate understanding of how and why deals get done or fall apart. Bobby can quickly identify the bottom-line upsides and downsides of a transaction while also leveraging his impressive dealmaking instincts to get all stakeholders pulling in the same direction.”

For his part, Strauss expresses equivalent enthusiasm about joining Chuhak & Tecson, seeing not only an alignment between the substance of his practice and the firm’s service offerings but also a shared perspective on how to counsel and serve clients.

“Between its extensive capabilities in financial services, corporate, real estate matters and healthcare law, the firm is just a natural fit for me and what I do,” Strauss says. “But what sealed the deal for me was the way the attorneys here approach their work. It is a palpable sense of commitment to do right by their clients and a determination to get them to where they want to be, whatever that takes. They also happen to have that rare combination of professional and personable that makes it a joy to work here.”

You can learn more about Strauss and his background and experience https://www.chuhak.com/our-people/robert-bobby-s-strauss/.