When facing a contested documents case, it is crucial to seek the assistance of a lawyer who can provide valuable guidance and support throughout the legal process. Any time contested documents are an issue in estate planning, the situation can be very stressful. By hiring an attorney to assist you, you provide yourself with the legal protection to feel more confident and protected as you look to sort through your contested documents case. 

Here is What You Need to Know

First and foremost, a lawyer can offer their knowledge of the law. They will assess the details of your contested documents case, analyze the contested documents, and provide you with a clear understanding of your legal rights and options. With their extensive experience, they can guide you in making informed decisions and help you develop a strong legal strategy. For example, if the will is being contested because someone is claiming the mental capacity of the testator was compromised, regardless of what side of the issue you are on, your attorney can help you make decisions that serve your best interests and legal goals. 

Navigating the legal procedures involved in a contested documents case can be overwhelming and complex. A lawyer can handle all the necessary paperwork and ensure that it is prepared, filed, and served correctly and within the required timeframes. By taking care of these crucial procedural aspects, a lawyer can help you avoid any pitfalls or errors that could negatively impact your case.

Every divorce is unique and comes with its own issues that need to be resolved in a settlement. But generally speaking, when parents are getting divorced, child custody issues can be the most difficult to resolve. When people want to get divorced, it can be very hard for them to put arguments aside and form a plan to raise their children together. With parents worrying about what they want out of their divorce settlement, they can often lose sight of their children’s best interests.

When parents cannot agree on how to divide their parental responsibilities in divorce, the court can appoint a guardian ad litem, or GAL. This person is a legal representative whose main goal is to advocate for the child. If you are moving towards an acrimonious divorce, you might worry that your spouse will fight you on every aspect of the settlement. An experienced Lombard, IL child custody lawyer can advocate passionately for an optimal arrangement for you and your children.

Caring for a loved one with special needs requires careful financial and estate planning. Special needs trust is one powerful tool that can provide peace of mind for families. This legal arrangement helps protect the financial security of individuals with disabilities, ensuring they receive the necessary support while preserving eligibility for government assistance programs. If you have a family member with special needs and are looking to protect their financial future, contact an estate planning attorney to begin the process of setting up a special needs trust. 

Here Are Three Reasons Why Special Needs Trusts Are Important 

1. Preserving eligibility for government benefits - One of the most significant advantages of an Illinois special needs trust is that it allows individuals with disabilities to maintain eligibility for government assistance programs, such as Supplemental Security Income (SSI) and Medicaid. These programs often have strict income and asset limits, which, if exceeded, can result in the loss of critical benefits. By placing funds in a special needs trust, the assets are not considered as the beneficiary’s own, thus safeguarding their eligibility for these essential programs. 
2. Ensuring a lifetime of financial support – A special needs trust provides a lifetime of financial security for your loved one with special needs. The trust can be designed to supplement government benefits by covering additional expenses, such as medical care, therapy, education, transportation, and recreational activities. This ensures that your loved one’s quality of life is not compromised due to limited financial resources. Moreover, the trust can be managed by a trustee, who will distribute the funds according to your specific instructions, ensuring that your loved one’s needs are met even when you are no longer able to provide support. 
3. Protecting inheritance and family assets – A special needs trust also safeguards the inheritance and family assets intended for the individual with special needs. Without proper planning, a direct inheritance may disqualify your loved one from government benefits or lead to misuse of funds. By establishing a trust, you can designate how the funds should be used and who will manage them, ensuring that your loved one receives the necessary support and that the assets are protected from creditors, lawsuits, and potential financial exploitation. 

Contact a Wheaton, IL Estate Planning Lawyer

For legal representation in creating a special needs trust for a loved one, contact the experienced DuPage County estate planning attorneys with A. Traub & Associates. Call 630-426-0196 for a private consultation. 

Divorce is not something most people think about every day. When a baby is born, the parents generally do not think about how they would continue to care for her if they were to get divorced. In a prenuptial agreement, a couple can make a plan for how they might divide their assets if they end up divorcing later on. But there is no parallel document to plan future custody in the event of a future divorce. 

That is why the words describing this topic are not necessarily familiar to everyone. If you are a parent considering a divorce and are trying to make sense of all the custody possibilities, a Lombard, IL attorney can help guide you through the entire process.

Sometimes, we face illnesses or disabilities that limit us from making important decisions. But before that happens, you can appoint an individual to handle your crucial choices. As the subject of this arrangement, you are the principal, while the person you select is the agent with power of attorney. There are several types of POA and each includes an in-depth process to ensure the principal's assets and interests are upheld. An attorney can help you understand all these details to reduce risks and ensure that the document remains in your best interest while following the state laws of Illinois.

What Are the Different Types of Power of Attorney?

The principal must determine which type of POA best meets their requirements. Here are a few different powers of attorney that Illinois accepts:

• Healthcare: This POA can make medical and healthcare choices on the principal's behalf when they cannot do so independently. 

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When you are gone, you want to ensure that your assets are distributed based on your wishes. Wills and trusts work as crucial estate planning documents for this. While both have the same goal, they differ in many ways. Illinois residents should be aware of these distinctions while making estate planning decisions.

How Are Wills and Trusts Used in Illinois?

A will details the distribution of your property based on your wishes after you pass away. These legal documents also can appoint an executor. An executor controls how your assets are distributed and ensures your intentions are carried out. Some wills also specify guardianship if children are in the picture. 

It requires a signature, witnesses, and the proper legal process. The will also must be filed with the probate court. Once the will is stated, it is publicly available for execution and resolving disputes in the future.

Divorce is one of the most challenging life events an individual and family can experience. Each spouse must determine how to best handle the dissolution of their marriage. Two primary routes for resolving divorce are mediation and litigation. Knowing the difference between both approaches can empower both parties to protect themselves emotionally and financially.

Why Is Mediation Preferred Over Litigation?

Mediation offers a less combative and more cooperative approach to divorce. A neutral third party, known as a mediator, facilitates discussions between the spouses. The focus is on open communication, cooperation, and finding acceptable solutions. Mediation is beneficial when both parties are willing to work together. 

One of the key advantages of mediation is the control it gives to the divorcing couple. Each spouse can create their own personalized agreement instead of a judge. Together they can handle issues such as: 

Not everyone has a regular weekly work schedule. People who work in the healthcare sector or who are first responders may see their work schedule shifting frequently. The same may be true for workers who are away from home for weeks or days at a time, like long distance truckers. While children tend to thrive on consistency, routine scheduled visits may be impossible when a parent works irregular hours. However, spending time with both parents is likely to be in the child’s best interests even if it means that there will be a shifting schedule. Parents who have frequently changing work schedules or who work unusual hours must take care when creating a parenting plan to ensure that they will be able to enjoy as much time with their child as possible. It is important to work with an attorney who has experience representing first responders and other workers with varying schedules when you are getting divorced or establishing a child custody schedule. 

Tips for Planning Parenting Time and Parental Responsibilities 

Establishing a parenting plan can be hard when you do not have a consistent schedule. Some tips that may help as you create a parenting plan include: 

• Consider flexible scheduling - Do not attempt to create a tentative schedule you may not be able to stick to if your work hours change or you are sent out of town. There are strategies for creating a parenting time plan like setting a number of hours or days per week that each parent has visitation and allowing the parent with a challenging schedule to choose parenting time that works for them at the start of each week. 

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Wills serve as legal documents that outline how an individual’s assets will be distributed upon their death. However, when a will is contested, one common argument made by challengers is that the testator lacked testamentary capacity at the time of creating the document. Today, we will examine the implications of a lack of testamentary capacity in contested wills and its impact on the validity of the document. If you have concerns over the validity of a will, contact an estate planning lawyer for legal representation as you work through your legal matter.

Definition of Testamentary Capacity

Testamentary capacity refers to the mental capability of an individual to understand the nature and consequences of making a will. It is a legal requirement that ensures the integrity of the testator’s wishes and protects against undue influence or coercion. Testamentary capacity involves a few key elements:

• Understanding the nature of a will – The testator must comprehend the purpose of a will, which is to distribute assets upon their death according to their wishes. 

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Most people who have gone under anesthesia for a procedure have been asked to fill out a power of attorney form at the hospital. This is a precaution meant to protect the hospital as much as it protects you. The physician performing your procedure needs to know who should step in to make decisions on your behalf if something goes wrong during your procedure. While this form will likely suffice to allow your chosen person to make medical decisions in the event that something does go wrong during your procedure, it should not generally be used as a long-term solution. The power of attorney forms that hospitals provide generally only cover one of the two major types of powers of attorney. Most if not all adults need both medical and financial powers of attorney. It is best to work with an attorney to create strong and specific powers of attorney. 

Why You Also Need a Financial Power of Attorney

Should you become incapacitated for any length of time, your financial power of attorney is likely to be just as important as your medical power of attorney. Your hospital power of attorney may allow your best friend to decide how to proceed with your medical care, it very likely does not allow her to access your bank account to pay medical bills - or to pay your rent so that you will not come home to an eviction notice. 

A financial power of attorney can allow your chosen individual to access your finances and other documents for the specific purposes of: 

There is a lot of information - and misinformation - about the realities of divorce to be found online. The fact is that divorce is very common. Over the last several decades, divorce has been rapidly destigmatized. In the past, people who wanted to divorce their spouse had to prove that they had a good reason for doing so. This is no longer the case. If you want a divorce, you will not likely need to show a judge evidence that your spouse has done something bad enough to warrant ending the marriage. In fact, most divorce cases in modern days are not heard by a judge at all. The vast majority of divorce cases are resolved out of court by mutual agreement of the parties. Divorce mediation has become the generally preferred option for settling most divorces. If you are beginning the process of getting a divorce, one of your first steps should be finding an experienced attorney to represent you. 

Important Statistics About Modern Divorce 

Some telling statistics about divorce in 2023 include: 

• Divorce is usually final - Of spouses who have gotten divorced, only 6% remarry each other. The other 94% stay divorced. 

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Sometimes the best thing to do for yourselves and your child is to separate and begin the divorce process. It can be emotionally and legally challenging to get a divorce while a female spouse is pregnant. If your relationship with your child’s mother is ending in a difficult divorce, she may be motivated to keep you out of her life - and therefore, her child’s life. Fortunately, there are steps you can take to assert your rights as a parent. Even if your divorce finalizes before the child is born, you will likely still be considered a legal parent to that child. This remains true if the child is not biologically yours, but was meant to be the child of both of you. If you will need the court to intervene, it is best to work with an attorney. There are some steps that must be taken promptly, and an attorney can guide you through the process. 

Will My Unborn Child Legally be My Child?

If your child is born within 300 days of the date your divorce was finalized, your child can likely be automatically deemed your legal child. This is true for same-sex couples as well as opposite-sex couples. Generally, the state will presume that if a person became pregnant during their marriage, the child is that of both spouses. 

How Can Expecting a Child Change the Divorce Process? 

You will likely need to complete a parenting plan before your divorce can be finalized. Although the child has not been born yet, it is still important that the parents have an agreement or court order in place regarding who will spend time with the child and when, and whether one parent will make child support payments. 

When a couple decides to divorce, there may be a significant amount of time between the filing of the petition and the final decree being issued, depending on the marital issues the couple needs to dissolve. However, there are often immediate issues that do need to be addressed. Temporary orders are court-issued directives that address these issues while the divorce is pending. These orders establish temporary arrangements and provide guidelines until the final decree is issued. The following is a brief overview. For more detailed information concerning your circumstances, contact a Lombard divorce attorney.

Why You May Need Temporary Orders

The purpose of temporary orders is to maintain stability and address pressing issues that arise during the divorce process. They help establish temporary guidelines to address matters such as child custody, parenting time, child support, spousal support, and the use of shared assets and properties.

Temporary orders are typically issued early in the divorce process, after one spouse files for divorce and serves the other party. They may be requested by either party or issued by the court at its own discretion. These orders are put in place to ensure that the parties and their children are protected and that important matters are appropriately addressed until a final resolution is reached.

Under Illinois law, when the parents of a child are no longer together, the court will issue an order that stipulates the allocation of parental responsibilities and what the parenting time schedule for the child will be. However, Illinois law also recognizes the importance of maintaining meaningful relationships between a child and non-parental figures who the child has a significant bond with. In these situations, that person can petition the court in order to seek visitation time with the child. The following are some of the relationships that may qualify.

Grandparents

Grandparents are one of the parties that have the right to petition the court in order to request visitation. The grandparent must be able to show the court that awarding visitation is in the child’s best interest. They must also be able to show one of the following conditions are met:

• The child’s parent has been dead or missing for at least three months.

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While most people would not want to be placed under a guardianship unless it were absolutely necessary, the fact is that in many cases, obtaining guardianship over an elderly loved one is truly necessary. When an older adult begins to lose the capacity to care for themselves or to manage their own healthcare and finances, initiating guardianship proceedings is often the best way to protect them. Having guardianship over your elderly family member can allow you to step in and begin making important decisions for them and managing their affairs. It is not an easy decision to make. Rather, making the choice to begin seeking guardianship can be emotionally fraught. You may feel as if you are taking their independence, when in fact, it is the natural effects of aging that have done so. 

A. Traub & Associates is committed to helping family members and loved ones of aging adults pursue guardianship as a means of protecting the elder. We understand the difficulty involved in making the decision to pursue guardianship and strive to maintain privacy and dignity for all involved. 

When is it Time to Consider Guardianship? 

The decision to pursue guardianship is highly personal. However, there are a few signs that it may be time, including: 

In the eyes of the law, a child can only have two parents. Although stepparents and other family members often play essential roles in a child’s life, they do not have the same rights and responsibilities as parents unless they formally adopt the child.

Whether you are interested in a relative adoption, private adoption, or another type of adoption, it is important to understand how the termination of parental rights may play a role in your case.

Voluntary Termination of Parental Rights

In some cases, a child’s parents willingly give up their parental rights. A parent may make the decision to surrender their parental rights if they suffer from severe substance abuse or other personal problems that make them unable to care for a child.

Home health aides, skilled care providers, personal care aides, and other types of home care workers provide a valuable service to individuals who require consistent, ongoing care. If you suffer from health conditions and require assistance with medical needs or daily living tasks, you may grow very close to your caregiver. You may even come to think of the caregiver as if he or she was family.

Some people wish to express their gratitude for a home care worker by leaving them an inheritance in an estate plan. If you intend to leave money or other property to a caregiver, it is very important that you understand how Illinois law addresses inheritance left to caregivers.

Presumptively Void Transfers to Caregivers

Many people who receive care from an in-home health worker have significant medical problems that may make them vulnerable to exploitation or abuse. In order to combat this, Illinois law has established strict rules regarding asset transfers to non-family caregivers.

Separated and divorced parents often worry about how the separation will impact their relationship with their children. It can be extremely hard for a parent who is used to tucking their child into bed every night to go days or weeks without seeing the child.

Most divorced parents are subject to a parenting time schedule that describes when each parent will spend time with the child. Parents are expected to comply with this schedule and transfer the child on time. While most parents will understand a few late drop-offs or early pickups, when the parenting time schedule is repeatedly violated, the other parent may need to take legal action.

Unlawful Visitation Interference

The parenting plan is not a suggestion. It is a legally binding court order. Parents who intentionally and consistently fail to comply with the provisions of the parenting plan may be subject to significant consequences.

The average lifetime cost of medical care and assistance for a person with cerebral palsy is estimated to be just under $1,000,000. If your child has cerebral palsy, ensuring that your child has access to the support, medical care, and assistance he or she needs is probably at the top of your mind.

A special needs trust is an estate planning tool that allows for the transfer of assets to a disabled person. When compared with transferring assets through a will, a special needs trust offers significant advantages.

Special Needs Trusts for Disabled Individuals in Illinois

Doctor's appointments, speech therapy, medications, assistive devices, special education programs, and medical equipment such as wheelchairs are just some of the many special needs experienced by children or young adults with cerebral palsy. The costs associated with these needs can be extraordinary. For parents of children with cerebral palsy, financial planning is essential.

Almost all of the property that was accumulated during the marriage by either spouse is considered marital property, meaning it is jointly owned by both parties. 

Both spouses have a right to an equitable share of marital property. However, some individuals attempt to block their spouse from receiving his or her fair share by hiding assets during divorce.

Transparency regarding finances is essential during a divorce, and Illinois courts demand honesty. If you suspect that your spouse is hiding assets, contact a skilled divorce attorney for help right away.