Posted on April 04, 2022 in Estate Planning

It is rather common for people to think of estate planning as an end-of-life task. Estate planning attorneys are often called to visit clients in skilled nursing facilities, hospitals, and hospice centers. However, waiting until this point to make a will can have negative ramifications. One of the major requirements for a will to be considered legal and enforceable is that the testator (the person creating their will) must have the mental capacity to do so. This standard is known as "testamentary capacity." It is designed to prevent those who are incapacitated from executing a will that they would not have agreed to if they were not incapacitated. It also protects elders and their families against those who would exercise undue influence over a disoriented adult during the estate planning process.

Testamentary capacity is a relatively low bar - even those with early forms of Alzheimer’s or dementia may be able to make a will under the right circumstances. An attorney will be able to apply this standard to help determine whether someone still has the capacity to make a will.

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 Posted on March 29, 2022 in Divorce

While many parts of getting divorced in Illinois are flexible, such as the exact details of how a particular couple will divide their marital property, other parts are more technical and, at the end of the day, all elements in a divorce decree must follow Illinois law. For simple divorces involving couples who have no children and no significant shared property, following the law may be easier because there are fewer complex issues to negotiate or legal statutes to interpret.

Many versions of online divorce software have cropped up in recent years to address divorce for couples who trust their ability to follow the law and handle the divorce process themselves. Divorce is not the only legal situation for which software exists - loan agreements, prenuptial agreements, wills and trusts, and tax returns can all be set up online. While the ease and simplicity of many of these services can be beneficial and inexpensive, potential divorcees should be wary of relying on internet software to handle the entirety of their divorce.

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 Posted on March 28, 2022 in Divorce

Even for spouses who get along fairly well, divorce in Illinois can be a complex and expensive affair. Spouses may wonder whether sharing a divorce attorney could save them time and money, especially if they want to cooperatively reach a resolution on issues like asset division and child custody.

However, no matter how well-intentioned spouses are towards each other, the fact is that divorce attorneys may only represent one partner in a divorcing couple. Attorneys are required to abide by ethical obligations that protect their clients, such as maintaining the attorney-client privilege and never allowing conflicts of interest to mar their representation of a client. Because even the most cooperative divorcing spouses necessarily have different and often opposing interests, an attorney representing both spouses would run into obvious conflicts of interest.

Why Should I Hire My Own Attorney?

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 Posted on March 25, 2022 in Divorce

Divorce in Illinois is often a long process made up of many different parts that can each have their own confusing legal terms. Even for couples who try their best to work together and communicate clearly, divorce can feel stuffy and complicated and couples may feel frustrated that their private information suddenly feels very public.

One of the areas people commonly have questions about is the process of discovery, which is one of the most notorious elements of courtroom dramas. Fortunately, divorce discovery tends to be much more boring and straightforward than it might seem on TV. If you are getting divorced and have questions about the divorce process, an experienced divorce attorney can help you get answers to your questions.

What is the Purpose of Discovery?

For couples who do not agree on factual issues in their divorce, the discovery process allows attorneys to trade information back and forth to facilitate compromise between the spouses or prepare for courtroom litigation. Many couples never even need to use the discovery process because they can resolve disputes in mediation or between each other without professional help. But for couples who deal with issues like hidden income or assets, domestic violence, or when one parent alleges their spouse is unfit to be a parent, discovery is useful and necessary because it allows each spouse’s attorney to gather information they can then use to present an argument before a judge.

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 Posted on March 23, 2022 in Mediation

Most Illinois couples who are going through a divorce can avoid the difficulty and expense of courtroom divorce litigation by using the help of a trained divorce mediator. Because mediation is so successful and it saves both Illinois courts and divorcing spouses time and money, judges usually require spouses to undergo mediation before their divorce can advance to a trial.

However, the mediation process is not always feasible and, even for those who try it in good faith, it is not always successful. If mediation efforts have not yielded a mutually satisfying divorce decree, you may be wondering what comes next.

Why Does Mediation Fail?

Mediation can fail for many reasons. One or both spouses may be unwilling to cooperate or believe they will get a better "deal" if they present their case to a judge. Some spouses may be too hostile to reasonably work together. Other couples may try hard to negotiate but will still have unbridgeable differences in how they see certain facts or priorities.

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 Posted on March 21, 2022 in Divorce

While divorce is rarely an easy or simple experience, for parents of young children who are disabled or have special needs, divorce can be a complex balancing act of competing priorities. Children with disabilities often require significant time and energy to be dedicated to their care and parents need to address certain elements of the divorce, like parenting schedules and child support, specifically according to the disabled child’s needs. If you are a parent of a special needs child, here are some things you may want to keep in mind.

Child Support for Disabled Children Can Be Flexible

Child support is usually determined according to the Income Shares formula, which determines child support payments using both parents’ incomes and the amount of time they spend with each child. But when a child has special educational, developmental, or medical needs, child support can be adjusted to ensure that the financial cost of these needs is fairly divided between the parents.

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 Posted on March 16, 2022 in Estate Planning

There is very little risk in making a will, as you can revoke it at any time so long as you are competent to do so. A lot of people revoke and replace their wills for a number of reasons. If you got divorced and remarried, you might want to revoke the will that left everything to your former spouse. If you had a child, or even a new grandchild, you might want to cancel your old will and create a new one that includes them. Some people simply change their minds about giving part of their estate to a particular beneficiary as their lives and priorities change. Fortunately, revoking a will is not usually overly complicated. It is still best to consult a lawyer to make sure that your revocation is effective.

How Can I Revoke My Will?

If you decide that you no longer want your existing will to control your estate, there are a few simple ways to revoke it. Once it is revoked, it will have no legal effect. It is a good idea to make sure that you have a replacement plan of some kind. In Illinois, you can revoke your will by:

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 Posted on March 16, 2022 in Family Law

Child support is an issue that, for many parents, is fraught with complications and tension. Even if a parent intends to fully meet their legal obligation to financially provide for their child, the laws can be hard to understand, and the consequences for not following the laws can be severe. Job loss, economic downturns, and unexpected expenses can make paying child support difficult, and sometimes parents have to make hard choices.

Here is a brief overview of the consequences of not paying child support in Illinois. The best way to avoid the negative impacts of missing child support payments is to ensure you understand Illinois child support laws and have the support of an experienced child support attorney from whom you can get help.

Consequences For Not Paying Child Support in Illinois

The punishment for failing to make court-ordered child support payments can vary depending on why the child support is late, how long payments have been missed, and how much money is owed. Some common consequences of not paying child support include:

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 Posted on March 04, 2022 in Estate Planning

The terminology used in estate planning can be challenging to understand. If you feel a little confused when you read about estate planning topics because of all the "legalese," you are far from alone. Many of the legal terms used in the estate planning field have very specific meanings. Some terms are used when discussing trusts, but not wills, or vice versa. Other terms you may know are outdated and no longer in use. It can be difficult to keep track of all the legal terms you might hear or read when it comes to wills, trusts, powers of attorney, and guardianships. This is one of many reasons that it is very important to let an attorney help you build your estate plan.

What Are Some Legal Terms I Might Need to Know?

Some important terms you might want to be familiar with when you start working on your estate plan include:

• Testator - The person who is making their will.

• Grantor/Settlor - These terms are used interchangeably to refer to someone who is making their trust.

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 Posted on February 28, 2022 in Divorce

Also known as alimony or spousal maintenance, “spousal support” is technically the term used in Illinois for payments made from one former spouse to another after a divorce has been finalized. While not every divorce decree contains an order for spousal support, when it is ordered, it is legally enforceable and failing to make payments carries legal consequences.

The recipient of spousal support is often dependent on the funds for essentials like housing, food, and clothing. While spousal support is meant for the spouse, it often also contributes to the expenses associated with raising children. If spousal support payments do not come on time or at all, it can have a seriously detrimental effect on both a parent and child. If you should be receiving spousal support and your ex has decided not to pay for any reason, an experienced Illinois family law attorney may be able to help.

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