Posted on December 14, 2018 in Estate Planning

Sadly, as long as there are vulnerable people in the world, unscrupulous individuals will attempt to exploit that vulnerability. This is especially a concern for those with elderly or disabled relatives. When someone exerts “undue influence” on an elderly or otherwise incapacitated person, they try to convince that person to make a different decision than he or she planned to make. This often occurs with financial and inheritance concerns. If you believe that your relative was under undue influence when he or she created a will or other estate planning document, you may be able to bring these suspicions to probate court.

Elderly Individuals and Those with Dementia Can Be Taken Advantage Of

Probate is the verification process which every will goes through in order for inheritance directions to be carried out after an individual dies. If you have recently lost a loved one and you suspect that his or her will does not actually reflect his or her final wishes, you may petition the court to have the will invalidated. This is called contesting the will. In order to prove your relative was under undue influence, you will need to show that:

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 Posted on December 11, 2018 in Divorce

Throughout the history of marriage, adultery has been socially frowned upon as a betrayal of trust, and it often leads to divorce. Public opinion and religious beliefs are often believed to be the driving factor behind these negative views, but the laws regarding marriage also play a role. However, many people do not understand how these laws may affect them.

The Legality of Adultery

As is common with most laws, the way adultery is defined and handled varies from state to state. What many fail to realize about adultery is that in Illinois, it is considered against the law and can result in legal repercussions. Illinois is one of 18 states that have made adultery a crime. Illinois law defines the act of adultery as voluntary sexual intercourse between a married person and a person who is not their spouse, if:

• The person is married and knows the other person involved in such intercourse is not his spouse; or

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 Posted on December 11, 2018 in Divorce

Although it has become more common for women to keep their maiden name for personal or professional reasons, taking a spouse’s last name when you get married is still a common practice. The tradition originates from old 19th century English law, where women were required to assume their husband’s surname. Today, 20 percent of women in the United States retain their birth names, but what happens when a member of the 80 percent decides to get a divorce?

Since the 1980s, the divorce rate in the United States has decreased. Today, for first-time marriages, it sits at around 45 percent. When divorcing your spouse, a request to change back to your maiden name should be included in your divorce petition. This only concerns a switch to your birth name. A new request should be filed if you wish to change your name to something else.

Here are some things to consider if you are thinking about dropping your ex-spouse’s name following divorce:

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 Posted on December 07, 2018 in Estate Planning

It seems like just recently that we ventured into the year 2018, but soon this calendar year will come to a close. As you ready yourself for the new year, take some time to evaluate your estate plans. Although it may seem like a chore, scheduling regular estate plan “maintenance” is critical to ensuring that your estate plans reflect your actual wishes. Keeping estate plans up-to-date can take some time and energy, but the peace of mind you will feel knowing that your estate plans are current, accurate, and legally-binding is well worth the effort.

You Give Up Control Over Inheritance Decisions Without an Estate Plan

A comprehensive estate plan allows you to make decisions for your future which would otherwise be decided by others. Not only can estate planning tools like a will or trust help you decide how your property is divided after you pass, it also protects your financial interests and rights while you are living. When no valid estate plan exists and an individual dies, his or her wealth and property is distributed to heirs according to Illinois state law.

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 Posted on December 04, 2018 in Divorce

Enlisting children in extracurricular activities builds confidence and opens doors to different interests. Participating in music, sports, or clubs as a child can create lifelong skills and passions.

A break in the family, such as a divorce, can make life feel uncertain for your children, and create conflicts between parents. Perhaps one parent thinks the violin lessons are going nowhere, or horseback riding lessons are too expensive, while the other disagrees.

Here are some divorce tips on how to approach these activities:

Allocation of Parental Responsibilities in Illinois

Parental responsibility (formerly referred to as custody) is separated into different categories in Illinois, including education, extracurricular, medical, and religious. During the divorce, it is up to the parents to create an agreement that addresses the decision-making for these areas. Parents may decide to split up the duties, or work together on each to reach a joint consensus. If parents are unable to agree on how to proceed, it can be decided by court order.

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 Posted on November 29, 2018 in Estate Planning

If you have recently decided that it is time to create an estate plan, congratulations! You are one vital step closer to preserving the financial future of your family. However, it is important to understand that, when it comes to estate plans, one size does not always fit all. In fact, using so-called “boilerplate” forms or documents could lead to devastating oversights, as there are many different situations that could require special consideration.

Special Needs Children and Adult Dependents

Children who have special needs are often entitled to government benefits to help ensure that their medical and daily care needs are met. In many cases, these benefits continue well into adulthood. Unfortunately, when parents, siblings, or other family members leave behind an improperly planned inheritance, the benefits available to a special needs individual could be placed at risk. Then, rather than enhancing their lives, the inheritance ends up being spent on their daily needs.

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 Posted on November 27, 2018 in Estate Planning

One of the most important decisions in the estate planning process is who will be named as executor of the estate. The executor is the person who is responsible for overseeing and protecting the assets of the deceased person. He or she is responsible for ensuring that the wishes of the decedent are carried out, as well as maintaining any property of the estate until disbursement, settling the debts of the estate, and paying any taxes owed. It is critical for the person who is appointed executor to understand how to manage the estate. If they mismanage estate assets that add up to a loss to the beneficiaries of the estate, they can be held liable for those losses.

Short-Term Responsibilities

Unless arrangements have been made before the person’s death, it is typically the executor’s responsibility to handle the financial arrangements for the deceased’s funeral and burial expenses. The funeral parlor also provides copies of the death certificate to the executor. It is important to obtain several copies of the death certificate since a copy will be necessary in order to access financial accounts and canceling government benefit checks (i.e. Social Security). A copy is also required to be filed with the final federal tax return of the estate.

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 Posted on November 27, 2018 in Adoption

Choosing to adopt a child is a life-changing decision for both the child and parent. In terms of adoption, many imagine a couple adding an infant to their family dynamic; however, this is only one form of adoption. Other types of adoption include stepparent, family related, domestic partnership, and uncontested adoptions. Stepparent adoptions are fairly common, and these particular adoptions have their own unique legal process.

The Stepparent Adoption Process

The details of the adoption process are dependent upon each individual situation. Though it is a detail-oriented process that can take time, it often appears more difficult than it actually is. In a stepparent adoption, the following requirements must be met:

1. Illinois Residency: For those seeking to adopt within the state of Illinois, residency is a requirement. The stepparent must be an Illinois state resident for at least six months before filing for the adoption.

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 Posted on November 27, 2018 in Divorce

Did you know married couples with teenage daughters are more likely to get divorced than those without? Still, it is much more than the occasional screams and door slams from a teenage girl that leads to a divorce.

Both male and female teens go through dramatic changes during those years, and divorce can turn things even more traumatic. This change may pile up on everything else they are feeling.

Here are signs to look for that your teenage daughter is struggling with your divorce:

Low Self-Esteem

Teenage girls in general have a reputation for having low self-esteem, but it may not stem from body image or bullying. During a divorce, they may put the blame on themselves for the split, which can add significant stress and pressure. This often transforms into behavior opposite of what one would think a person with low self-esteem would have, such as excessive bragging, doing or saying dramatic things, or bullying others. More obvious signs include avoiding common social situations, eye contact, and communication.

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 Posted on November 16, 2018 in Divorce

Thanksgiving starts the holiday season that recently divorced couples sometimes dread. When children are involved, holidays like Thanksgiving that are family based often get complicated. While your parenting plan likely covers holidays and other special dates, that does not mean it will be an easy time emotionally.

Cooking for a large group of people is intimidating enough. Here are some tips for surviving your first Thanksgiving after a divorce:

Always Put Children First

If you feel a little awkward this time of year because of your altered family situation, imagine what your kids feel. They may still be upset about the divorce. Ask them what they think, and try to reassure them about the holidays. Tell them their feelings are okay, do not speak poorly of the other parent, and try to put a positive spin on the situation. Divorced parents might mean two Thanksgivings for them, and twice the pie. No matter how they feel, let them know you are listening.

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