Recent Blog Posts
Understanding the Common Problems that Can Arise During Estate Planning
Estate planning is the process of arranging for the management and distribution of a person’s assets after they pass away. While estate planning can provide peace of mind and ensure that loved ones are cared for, several potential problems can arise. Today, we will discuss some of those potential problems. If you need assistance with estate planning matters, contact a qualified attorney to ensure your estate planning goals can become a reality.
Problems that May Arise During Estate Planning
One of the biggest challenges of estate planning is ensuring that all assets are accounted for and adequately valued. This can include everything from bank accounts and investments to real estate and personal property. Without a clear understanding of the value of these assets, it can be challenging to make informed decisions about how to distribute them.
Another common issue in estate planning is family dynamics. Family members may have different expectations or preferences for how assets should be distributed, and these disagreements can lead to familial conflict and even legal battles. Therefore, it is essential to be open and honest with family members about your intentions and to consider seeking the advice of a neutral third party to help mediate any disputes that may arise.
Considerations for a Father Going Through a Divorce
While divorce is a challenging time for everyone involved, fathers going through a divorce may face unique challenges. Above all, it is essential for fathers to understand their rights and responsibilities during the divorce process thoroughly and to take steps to protect their interests and the interests of their children. If you are a father heading toward a divorce, consider contacting a knowledgeable divorce attorney who will protect your rights and do everything in their power to help ensure you receive a fair divorce settlement.
What Fathers Should Keep in Mind During a Divorce
Child custody is one of the most critical considerations for fathers going through a divorce. In most cases, both parents have a right to be involved in their children's lives. That being said, the specific custody arrangement will depend on the children's best interests. Parenting plans are extremely important in Illinois divorce cases involving children. Time and effort are required to ensure that the parenting plan addresses all that must be addressed.
Do I Need a Lawyer in My Divorce Case?
Going through a divorce can be a challenging and stressful experience. It is a complicated process that involves a lot of paperwork, negotiations, and legal proceedings. In many cases, divorce can significantly impact your future and the future of your children if you have any. Even though the complexity of divorce is well-known, many people often think they can handle it without the help of an attorney. Today, we will discuss why having a lawyer for your divorce case is in your best interest.
How Can a Lawyer Help Me?
Many people getting divorced have never worked with a lawyer before. They may not understand exactly what a lawyer does or how a lawyer can benefit them during divorce. Divorce lawyers help clients in many ways, including:
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Knowledge of family law – Family law is complex and constantly changing. An experienced divorce lawyer has the knowledge needed to navigate the legal system and protect your rights. Furthermore, they can explain the legal implications of your decisions and help you understand the consequences of your actions.
What Are the Benefits of a Will Over a Trust?
Regarding estate planning, two of the most popular options are wills and trusts. While both can be effective tools for passing on assets to beneficiaries, some key differences between the two may make one option more favorable than the other for certain individuals.
Last month, we wrote a blog that discussed the benefits of a trust over a will. Today, we will review the benefits of a will over a trust. If you are interested in creating a will, a trust, or another form of estate planning, contact an estate planning attorney who will ensure that you have the proper guidance necessary to make an informed decision.
Benefits of a Will Over a Trust
Below are a couple of benefits that separate wills from trusts. These benefits may include the following:
Should I Sign a Prenuptial Agreement?
Prenuptial agreements, often referred to as “prenups,” are legal contracts between two individuals planning on getting married that set out how their assets and property will be divided in the event of a divorce or death of a spouse. Prenups have become increasingly common for a variety of reasons.
If you are getting married and are interested in signing a prenup or learning more about them, consider contacting an experienced family law attorney to guide you through the process and make you aware of everything you need to know.
What Can a Prenuptial Agreement Do for Me?
Many people are not aware of the ways that a prenuptial agreement can benefit them. If you are getting married, a prenuptial can help you accomplish a variety of goals, such as:
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Keeping finances separate - Modern spouses are often highly independent. They want to keep their finances separate from their partner’s spouses. A prenuptial agreement can help you do this.
Understanding the Rights of the Father During an Illinois Divorce
Child custody issues during Illinois divorce can often be contentious, as both parents may have strong opinions about their children's future. Many fathers worry about their rights during a divorce. They assume that Illinois divorce courts favor mothers over fathers. However, it is essential to remember that Illinois law recognizes both parents' involvement in their children's lives as equally vital to safeguard the children's best interests, regardless of the gender of the parents.
During a divorce case, the court will decide issues regarding custody and parenting time in accordance with the children's best interests. In Illinois, there is a presumption that both parents have the right to meaningful relationships with their children, and both should be allowed to make decisions regarding their children's upbringing.
If you are a father getting divorced and have concerns over your rights as a father, you are not alone. Consider contacting an experienced fathers' rights attorney who can work to ensure your rights remain protected and respected throughout the process.
Understanding Living Wills and Why They Are Important
A living will, also sometimes referred to as an advance healthcare directive, is a legal document that lays out an individual's wishes regarding their medical treatment if they are unable to make decisions for themselves. In Illinois, a living will is a document that specifies what types of medical treatments an individual would like to receive or refuse in the event of a terminal illness, persistent vegetative state, or other life-threatening conditions.
Today, we will look at the many advantages of creating a living will while focusing on what makes them an especially important estate planning tool. If you are interested in creating a living will, do not hesitate to contact an experienced estate planning attorney who will work to ensure your rights remain protected and respected throughout the process and that your estate planning goals become a reality.
What Makes a Living Will So Important?
When Should a Couple Sign a Postnuptial Agreement?
A postnuptial agreement is a binding legal contract between two spouses that lays out the terms of their financial arrangement in the event of a separation, divorce, or death of a spouse. A postnuptial agreement is similar to a prenuptial agreement but is entered into after a couple has already tied the knot. In our society, it frequently seems as though conversations revolve around prenuptial agreements and rarely postnuptial agreements. Today, we are going to look at some instances where it may make sense for a couple to enter into a postnuptial agreement.
If you are looking to enter into a postnuptial agreement, contact an experienced family law attorney who will work to protect your rights while working to make your legal goals a reality.
When Does it Make Sense to Enter into a Postnuptial Agreement?
There are various reasons why a couple might consider making a postnuptial agreement. These reasons include the following:
What to Know About Contested Documents in Illinois Estate Plans
The immediate aftermath of a loved one’s death is often a time of great sorrow. If there is any contentiousness regarding your loved one’s estate, this time of great sadness can become even more challenging to deal with as you try to sort out your deceased loved one’s assets and property. Unfortunately, contesting estate planning documents can occur for various reasons. Whether you are looking to contest a document or are an executor looking to protect an estate, hiring an experienced estate planning attorney may be necessary to ensure procedures are followed lawfully and that a resolution can be achieved in your favor.
Why Would an Estate Planning Document be Challenged?
In most cases, an estate planning document is usually challenged because there is doubt among the contesting party that the deceased person’s decision-making at the time the document was made was in some way corrupted, either by an outside party meddling or by the deceased individuals’ cognitive abilities at the time the documents were created. If you have reason to believe your loved one was not of sound mind or was unduly influenced when creating documents for their estate plan, an experienced estate planning attorney may be able to assist you in resolving the situation.
Considerations Before You Go Abroad with Your Child
There is little doubt that for many people, traveling is one of the great joys of life. For people who have gone through a divorce, have a minor child, and wish to travel with their child, they too may have an interest in traveling. However, there are important considerations to keep in mind if you are divorced and would like to bring your child on a trip abroad. This blog will look at what someone should consider thinking about before they leave the country with their child.
Step #1: Obtain a Passport for Your Child
It is important to note that any child under 16 years of age needs to have both of their parents’ authorization to obtain a passport. In some cases, it may be required for both parents to be present when the child gets their passport. However, getting a signed permission form may also be possible if one of the parents being there in person is not possible. In cases where only one parent has parental rights or the other parent has had their parental rights terminated, the parent with full custody of the child must show proof that no other parent is required to grant consent for the child to obtain a passport. Notably, a child’s passport is only valid for five years. If your child already has a passport, make sure to check when it expires, as many countries will not allow entry to a traveler with an expired passport.