Posted on November 20, 2023 in Wills and Trusts

When many people think of estate planning, they consider whether they should create a will or trust. This makes sense, as these are the two most common tools used in estate planning. While both serve similar purposes, they have distinct features. As a result, for some individuals, it may make sense to create both a will and a trust for your estate plan. To learn about what the process entails and to secure legal representation to pursue your estate planning goals, contact an experienced lawyer in Illinois to get this beneficial process started.

Wills Offer Flexibility and Simplicity

In estate planning, a will is essentially a blueprint that outlines your wishes for how you would like your assets distributed when you die. Creating a will is generally a simple process, as is modifying a will. These two factors make wills a flexible tool for managing your estate. In addition, a will allows you to name beneficiaries, appoint guardians for minor children, and specify any other instructions you may have. Wills are an important component of any estate plan, no matter the size of your estate.

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 Posted on November 13, 2023 in Family Law

When a couple with children gets a divorce, many issues will need to be resolved. A major issue is child support. The court will decide that one parent will need to make regular payments to the other parent to aid with child-raising costs, including food, clothing, medical costs, school, and many more. If you are the parent with the majority of parental responsibilities, you will likely depend on these child support payments to make sure you can cover all the expenses you are responsible for now that you are no longer married. If your co-parent suddenly stops making these payments, it can be extremely stressful and you may be worried about how you will make ends meet. There is hope for you, however, with legal procedures in place for exactly this type of situation. An experienced Arlington Heights, IL child support attorney will be able to explain the procedures to you and get started on the path of protecting your rights.

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 Posted on November 10, 2023 in Estate Planning

Estate planning is a beneficial process that allows people to determine how their assets will be distributed upon their death. However, there are certain mistakes that can render a will legally non-binding, leading to unintended consequences. If you are interested in creating or updating your estate plan, it is crucial to understand the costly mistakes you must try to avoid making. One of the best ways to ensure no mistakes are made in your estate plan is by hiring a lawyer.

Mistakes are often made when people neglect to hire a lawyer and try to take the case on themselves. Do-it-yourself estate planning strategies are a recipe for disaster, as you are far better off going to an experienced lawyer for assistance in this matter.

Improper Execution

One of the most common mistakes that can make an Illinois will legally non-binding is improper execution. Each state has specific requirements for executing a will, such as the presence of witnesses or notarization. Failing to meet these requirements can render the will invalid. To avoid this mistake, it is essential to familiarize yourself with your state’s laws regarding will execution or consult an experienced estate planning lawyer to ensure compliance.

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 Posted on November 09, 2023 in Family Law

In the legal system, a Guardian ad Litem (GAL) plays an important role in protecting the best interests of vulnerable individuals, such as children whose parents are going through a divorce. In some instances, a GAL is appointed by the court to advocate for those who cannot advocate for themselves. If you are currently going through a custody dispute in your divorce or another family law matter involving your children, contact a qualified lawyer in Illinois to get the legal assistance you need today.

Top Three Duties of a GAL

1. Investigation and fact-finding – One of the primary functions of a Guardian ad Litem is to conduct thorough investigations and gather relevant facts about the case. This includes interviewing all parties involved, including the children, family members, teachers, healthcare professionals, and other key individuals. By doing so, the GAL can gain a comprehensive understanding of the situation and make informed recommendations to the court. Through their investigation, a GAL can uncover critical information that may have been overlooked or intentionally concealed. This function is crucial in cases involving child custody disputes, abuse, neglect, or any situation where the well-being of a vulnerable person is at stake. The GAL’s ability to gather accurate information and present it to the court is essential in ensuring a fair and just outcome.

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 Posted on November 06, 2023 in Divorce

When a couple goes through a divorce, they may need to take part in a deposition. If the divorce happens through litigation, instead of through collaborative divorce or mediation, it is guaranteed that a deposition will be part of the process. A deposition is a way for the two sides, their legal representatives, and a court report to come together and document all the information about things like income, assets, and children’s needs, that will be important for deciding the divorce settlement. If you are considering divorce in the State of Illinois and are curious about what might happen in a deposition, an Arlington Heights, IL divorce lawyer can clear up any confusion and help start you on your path of advocating for your rights.

What Should I Expect in a Deposition?

Depositions can be very intimidating. You need to swear under oath to answer all questions truthfully. However, even if you have no intention of lying, you may not have obvious answers to everything that you are asked. An important part of preparing for a deposition includes having your lawyer prepare you for the questions you may be asked.

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 Posted on November 03, 2023 in Family Law

Adopting a child through the Illinois Department of Children and Family Services (DCFS) can be a highly rewarding and life-changing experience. However, the process can be quite complex and requires careful consideration of various factors. If you want to pursue an adoption through DCFS, contact a lawyer to begin the process. Your lawyer will ensure you understand the legal requirements and obligations you will have when looking to pursue an adoption this way.

Understanding the DCFS Adoption Process

Before embarking on a DCFS adoption, it is crucial to understand the agency’s adoption process. This includes attending informational sessions, completing required paperwork, undergoing background checks, and participating in-home studies. Familiarizing oneself with the process and requirements will help prospective adoptive parents navigate the system efficiently and avoid unnecessary delays.

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 Posted on October 27, 2023 in Divorce

Movies and TV shows constantly show a contentious divorce playing out in a courtroom. In truth, that is sometimes what happens in reality. But in some cases, a couple can agree that divorce is the right step, even if they can be amicable about it. Instead of going to court, a couple can decide to try mediation, which is becoming more and more common in family law issues. Mediation costs less than court processes and allows both sides to address each of their concerns to try to achieve a solution both can agree on while avoiding going to court. If you believe divorce is in our future but you think mediation might be the right choice for you and your spouse, a Kane County, IL divorce lawyer will be able to clear up any confusion you may have and guide you through the process.

What Happens in Mediation?

When a couple opts for mediation, they are generally kept in separate rooms, and the mediator will keep coming and going between both. The mediator’s job is to hear the concerns of each side, listen to settlement possibilities, and suggest compromises that both sides might consider reasonable. As a neutral outsider, it is easier for the mediator to identify the real issues and try to come up with a path toward agreement. Once an agreement has been reached for all the aspects that need to be considered when a married couple splits, you will need to file the Illinois divorce petition through the court system.

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 Posted on October 24, 2023 in Estate Planning

Being a beneficiary of an estate can be a complex and deeply emotional experience. On the one hand, you may be thankful that someone thought enough of you to make such a consequential decision to include you in their estate plan. On the other hand, you may have concerns or anxiety regarding what the process will entail for you. Regardless of your exact circumstance, if you are a beneficiary, you should consider obtaining legal representation from a qualified lawyer. Doing so can go a long way towards affording yourself the peace of mind necessary to make this process more seamless.

The Core Four Frustrations for Beneficiaries

Here are the four most common sources of frustration for Illinois beneficiaries, including:

1. Poor communication – A lack of communication from the estate or trust administrator can be a significant source of frustration for beneficiaries. So often, beneficiaries find themselves in the dark, unsure of the progress or status of their inheritance. This lack of transparency can cause anxiety and mistrust. To address this issue, beneficiaries can seek legal assistance to enforce their right to receive regular updates and information regarding the estate or trust administration.

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 Posted on October 23, 2023 in Divorce

A couple going through a divorce needs to reach agreements about many things: Where will each spouse live? What happens to joint retirement funds? Will either need to make spousal support payments? One of the things that a couple can acquire that can be one of the most contentious things to figure out is a family home. If you are considering divorce and you and your spouse own a home together, a Schaumburg, IL divorce attorney can help you determine how to make this difficult decision.

The Complications of Deciding the Future of a Family Home

What happens to the family home in a divorce can be a source of bitter dispute. One easy situation to resolve is if neither spouse wants to keep living there and the mortgage has already been paid off. In such a case, the couple can sell the house and split the money. Another relatively simple solution would be if one spouse wants to stay in the home and the other does not. In such a case, they would likely need to figure out some sort of monetary compensation for the spouse who walks away from it, but generally, both would probably be pleased with the arrangement. However, when both spouses want to stay in the home, property division can turn into a complicated issue to resolve.

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 Posted on October 19, 2023 in Family Law

Civil unions in Illinois provide legal recognition and protection for same-sex couples, affording them many of the same rights and benefits of married couples. If you are interested in entering a civil union in Illinois, you are best off contacting an Illinois family lawyer. Your lawyer will ensure you know everything you need to before pursuing a civil union. They will also make certain you understand your rights as you begin this new and exciting era in your life.

Legal Recognition

Civil unions in Illinois are legally recognized relationships that provide same-sex couples with many of the same rights and responsibilities as marriage. This recognition extends to various aspects of life, including healthcare, inheritance, property, and parenting.

Healthcare Decision-Making

One of the significant benefits of civil unions in Illinois is the ability for partners to make healthcare decisions for each other. This includes the right to visit a partner in the hospital, provide consent for medical procedures, and access to medical information. Civil unions ensure that couples have the same rights as married couples when it comes to healthcare decision-making.

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