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Recent Blog Posts

Considerations for Pets in Your Estate Plans

 Posted on March 15, 2019 in Estate Planning

Lombard estate planning attorneysAlthough the law considers pets to be property, pet owners often think of their pets as family members. If you have a beloved pet, you may want to include him or her in your estate plans. If there is a possibility that your animal companion may outlive you, you may want to include provisions as to how your pet should be cared for after you pass. Read on to learn about how you can plan for your pets future through estate planning.

Why Include Pets in Estate Plans?

If you are an animal lover, you probably worry about your pets often. You may especially worry if your pet requires special care or has a health concern. One reason many people include pets in estate plans is to plan for the possibility that they become incapacitated or pass away before the animal does. Sometimes, when a pet owner dies, their beloved pet can end up at a shelter – especially if no surviving family members are available to care for the pet. Surviving family members may be unable to care for their deceased loved one’s pet due to pet restrictions in their apartment or home, allergies, expense, concern for the children or animals already living in their home, or other reasons. It is best not to assume that your family will care for your pet without making formal arrangements.

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Remarrying Your Ex-Spouse: What to Consider Beforehand

 Posted on March 15, 2019 in Family Law

Lombard, IL prenup lawyer

Remarrying an ex-spouse is fairly uncommon but it does happen. This typically happens with couples who married young and have been divorced for a significant period of time. People grow older and wiser, realize their mistakes, and change their futures based on the experiences they have acquired since the end of that relationship.

According to research conducted by Nancy Kalish, a professor emeritus at California State University, 6 percent of couples claim to have married, divorced, and remarried the same person. Of these individuals, 72 percent stay together after remarrying.

Getting Remarried After Divorce

People decide to get remarried for a variety of reasons. Some fall in love while others are trying to avoid loneliness. Everyone has their own reason for getting remarried, but children should not be one of them. Many divorced couples who have children together feel an obligation toward their child’s other biological parent. The false ideation of the “perfect family” continues to stick in their head. This guilt can cause former couples to reunite for the sake of their children. This is not a good reason for remarriage. Children can sense a forced relationship between their parents and seeing them happy is more beneficial than seeing them together.

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How to Handle Birthdays After Divorce

 Posted on March 12, 2019 in Divorce

Schaumburg family lawyer

When children are young, birthday parties are a way to make them feel special, with family and friends in attendance. However, after a divorce, celebrating a child’s birthday may feel like a complicated and daunting task. Your child deserves to have a great day, but seeing your ex-spouse and being reminded of your divorce may not be the best situation for everyone involved. You may also feel increased pressure to make things perfect for your child, especially if you are recently divorced.

To start, your parenting plan may have all the answers. You might have communicated what to do for family birthdays in your divorce agreement. A parenting plan dictates which parent a child spends time with and when. Maybe that was a while ago, and things have changed, or it was not included at all.

Here are some tips for handing birthdays to make sure your child continues to feel celebrated on their special day:

Two Birthday Parties

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What Does an Executor Do for the Estate?

 Posted on March 08, 2019 in Estate Planning

Lombard estate planning attorneyOne of the most important estate planning decisions you will make is choosing the executor of your estate. In most cases, the executor of an estate is usually a close relative or friend, but it does not have to be. The job of an executor includes managing and protecting the property of the decedent. The executor of your estate will be responsible for making sure that your final wishes are fulfilled and that your property is maintained until disbursement. He or she will also be responsible for paying estate debts and any outstanding tax obligations.

The person you select as executor of your estate has a tremendous responsibility. It is imperative that you choose someone who is capable of managing your estate effectively. Mismanagement of estate assets can result in losses to your beneficiaries as well as family arguments.

Executor Duties and Responsibilities

One of the first things an executor should do following the death of the estate’s original owner is to obtain at least several official copies of the state-issued death certificate. He or she will need these in order to fulfill executor duties. The executor must use these to access financial accounts and cancel government checks from programs like Social Security Disability Income (SSDI). A copy of the death certificate must also be included with the estate’s final federal tax return. It might also be the executor’s responsibility to handle the funeral and burial financial arrangements if arrangements were not already made.

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How to Parent from a Distance After Divorce

 Posted on March 08, 2019 in Divorce

DuPage County law firm

Some parents are forced to have a relationship with their child from hundreds of miles away. This is common for military members, individuals who travel often for work, separated couples, and those going through the divorce process. No matter the circumstances, trying to care for a child with a long distance between you is not easy. The transition is usually the most difficult part, especially if this is a recent lifestyle change. You start to miss the little moments and sometimes the big ones, too. Gone are the days of dropping your child off at school each morning and putting them to bed at night, and while you try not to miss the big events, life sometimes gets in the way.

Here are a few tips about how to maintain a healthy parent-child relationship when many miles separate you.

Technology is Your Friend

Parenting from a distance has never been easy because all a parent wants to do is be there for their child. Although a long-distance relationship is not ideal, technological advances have made the job much easier. Being able to call or text your child at any time helps lessen the distance between you, especially if your child is old enough to have a cell phone. FaceTime or Skype calls are the best forms of communication between a child and parent. Face-to-face communication can make you feel closer, even if it is a digital image. This technological advancement is especially helpful if you have a young child. It helps them remember your face and mannerisms without your physical presence.

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What is Divorce By Publication?

 Posted on March 05, 2019 in Divorce

Schaumburg Divorce Lawyers

Marriage is a union that brings two people together. In order to get married in Illinois, two adults age 18 years or older have to sign a marriage license at the county clerk’s office. After presenting proper identification and paying a fee, you can be legally married. It takes two consenting adults to get married, but when it comes to divorce, if one partner cannot be located, service by publication can be issued to relieve the abandoned partner.

When getting a divorce, the first step is to file a petition to end the marriage with the court. This involves paperwork you file with your local clerk’s office. Your petition will be assigned a case number and a judge, and a summons will be issued. The summons is what the other spouse receives to initiate the divorce process. There are five ways to provide this notice:

  • Sheriff’s service
  • Voluntary acceptance
  • Service by a special process server

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What You Should Know About No-Contest Clauses

 Posted on February 28, 2019 in Estate Planning

Lombard estate planning attorneyWhen a person dies, the impact of the death can be great on the person’s surviving family members and friends. The emotions associated with a loss-especially one caused by a premature death-can make a grieving survivor act in uncharacteristic ways. Such behavior can lead to disputes over all sorts of matters, including the terms of the deceased person’s will. A battle over inheritances can be devastating to a family, and the resulting scars can last for years, if not forever. If you are currently drafting your will, you may want to think about including a no-contest clause to reduce the chances of such problems after your death.

What Is a No-Contest Provision?

No-contest clauses are also called in terrorem provisions, which is Latin for “by way of threat.” In essence, no-contest clauses threaten any named heir who contests the will, and they are used to discourage family in-fighting after the death of the will’s creator. Most no-contest clauses hold that an heir who formally contests the will automatically forfeits the portion of the estate that was originally intended for him or her. Sometimes, a no-contest clause might reduce the inheritance of a heir who challenges the will to $5 or another nominal amount.

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What are the Most Common Reasons for Divorce?

 Posted on February 25, 2019 in Divorce

DuPage County Divorce Attorney

Divorce may have been taboo in the past but it is far from uncommon in today’s society. Statistics fluctuate year-to-year, but divorce rates are actually decreasing. According to the Centers for Disease Control and Prevention, the state of Illinois had one of the lowest divorce rates in the country in 2017. From 1990 to 2017, Illinois’ divorce rate decreased from 3.8 to 1.9 divorces per 1,000 people. The number of divorces may be decreasing, but the common reasons for divorce have essentially remained the same.

Infidelity

This is one of the most common reasons for divorce because a single action, or a series of them, can break down an entire marriage. Cheating on a spouse often begins as an innocent friendship and eventually transforms into a physical affair. Infidelity usually results in divorce because many couples see this as an act of betrayal that can never be forgotten.

Financial Stress

High-stress situations become a breeding ground for arguments and distrust, especially when finances are involved. Many couples let money problems eat away at their relationship, little by little becoming a bigger problem and often leading to divorce.

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Common Child Custody Questions

 Posted on February 25, 2019 in Child Custody

Arlington Heights Divorce Attorney

Child custody, known as the allocation of parental responsibilities in Illinois, is one of the more complicated aspects of a divorce. Despite your opinion and feelings about your ex-spouse, you both still have the common ground of loving your children together. No one wants to feel like their children are taken away, or that they are being purposely kept from them. With the right parenting plan, you can create a schedule that benefits everyone.

In recent years, Illinois has implemented changes to family law procedures regarding divorce and children. Along with the change from child custody to the allocation of parental responsibilities, the terms “sole” and “joint” custody are no longer used. Visitation is also an outdated term, and parenting time is now used in its place.

The very idea of splitting time with your children can feel like a daunting task. Here are some common questions parents have about child custody when going through a divorce.

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Special Estate Planning Considerations for Blended Families

 Posted on February 22, 2019 in Estate Planning

Lombard estate planning lawyerThe number of remarriages has been gradually increasing over the past few decades. As a result, blended families have become more prevalent than ever before. Blended families face unique challenges when it comes to estate planning. If you are a part of a blended family or are remarried, read on to learn how estate planning can put you in control of your and your family’s future.

When a Relative Dies Without a Will

Although it can be a hard topic to discuss, it is crucial that blended families talk about estate planning together. Family arguments and other issues can arise when parents pass away without a will or trust to dictate how their property should be divided between children of different marriages. When someone dies without any estate plans, surviving family members are left to figure out inheritance dilemmas in probate court. This can be an incredible burden for a family to shoulder. Creating inheritance and estate plans now can give you peace of mind and a sense of control knowing that your family will not be forced to sort out your final affairs during an already challenging time.

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