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Can Beneficiaries Challenge a Will in Illinois?
Losing a loved one is never easy, and the legal process that follows can add stress and confusion. If you believe a will does not reflect your loved one’s true intentions, you may have the right to contest it. Illinois law allows certain people to challenge a will, but the process can be complex. A Lombard, IL estate planning attorney can explain your rights and guide you through the steps.
Who Can Contest a Will in Illinois?
Not everyone has the right to challenge a will. Under Illinois probate law, only individuals with a direct financial interest in the estate have "standing" to contest. This usually includes beneficiaries named in the current will, beneficiaries or heirs named in a prior will, and heirs at law who would inherit if no valid will exists. If you are not financially impacted by the will’s outcome, the court will likely dismiss your case. Illinois statutes make it clear that only those with a personal stake in the estate can move forward with a challenge.
Can I Change My Child Support Order in Illinois?
Illinois family courts recognize that jobs change, health needs grow, and parenting time can shift. For this reason, the law allows you to ask the court to make changes to your child support arrangement when the current order no longer fits real life. The goal is to keep support fair and tied to your child’s best interests as circumstances evolve for both parents. If you need to modify your child support order, an experienced Wheaton, IL child support attorney can help.
When Can a Child Support Order Be Modified in Illinois?
According to 750 ILCS 5/510, a judge may change a child support order when there is a substantial change in circumstances. This means a real shift in income, parenting time, or the child’s needs, not a short-term fluctuation. The new amount usually applies only to payments that come due after your modification request is approved, so filing promptly matters.
Common Mistakes to Avoid When Creating a Power of Attorney in Illinois
A power of attorney is a legal document that everyone should include in their estate plan. It lets you choose a person you trust to make important financial, health, or property decisions on your behalf if you cannot. Because of the authority these documents provide, even small errors can create significant legal or personal problems. Working with an experienced DuPage County, IL estate planning attorney helps ensure your documents are valid and reflect your intentions.
Choosing the Wrong Agent for a Power of Attorney in Illinois
One of the most serious mistakes you can make when drafting a power of attorney document is naming the wrong person as your agent. Section 2-4 of the Illinois Power of Attorney Act clarifies that an agent must act in good faith, use due care, and follow your instructions. However, if you appoint someone careless or financially irresponsible, the law alone may not protect you from their poor decisions. For example, if an agent ignores your wishes about medical treatment or mishandles money, the consequences can be difficult to undo. Selecting a responsible and trustworthy person is the most important step you can take.
What Does a Parenting Coordinator in Illinois Do?
In Illinois, when parents are unable to agree on decisions regarding their children, the court may appoint a parenting coordinator to help resolve conflicts. A parenting coordinator is a neutral professional who helps parents navigate difficult issues related to parental responsibilities, also known as custody and visitation, and other parenting decisions. The main goal of a parenting coordinator is to reduce the negative effects of high-conflict situations and prioritize the well-being of the child.
Parenting coordinators can be lawyers, therapists, or other experts in family law who work with families in conflict. They can often stop problems from getting worse and help parents work together better. If you need assistance to work through co-parenting issues, a Lombard, IL parenting coordinator attorney can help.
Do I Need a Living Will and a Last Will and Testament in My Illinois Estate Plan?
When planning for the future, many people think a standard will is enough. However, a strong estate plan in Illinois often includes both a last will and a living will. These two documents serve different but equally important purposes. Having both can give you and your family peace of mind. Speak with a Wheaton, IL estate planning attorney to ensure your documents are valid and complete.
How Is a Living Will Different From a Last Will and Testament?
A last will becomes effective after you pass away. It lets you name an executor, choose guardians for minor children, and decide who inherits your property. Without a will, your estate will be divided based on Illinois's intestacy laws, which may not reflect your wishes.
A living will, on the other hand, has nothing to do with property. It is a legal document used while you are still alive in case you become seriously ill or injured and can no longer communicate or make decisions for yourself. It typically addresses end-of-life care, such as whether you want life-sustaining treatments like ventilators, feeding tubes, or resuscitation. This can ease a significant burden on your loved ones, who would otherwise have to make those decisions for you during a stressful time, hoping they know what you would have wanted.
What Is the Difference Between a Civil Union and a Marriage in Illinois?
When couples in Illinois consider formalizing their relationship, they typically choose to marry. However, there is another option. Both a civil union and a marriage offer legal recognition, but the differences can affect everything from benefits to out-of-state rights. Understanding the differences is key when deciding how to move forward with your relationship. For guidance specific to your situation, speak with a DuPage County, IL family law attorney.
What Is a Civil Union in Illinois?
A civil union is a legal relationship available to both same-sex and opposite-sex couples in Illinois. Civil unions became available in 2011 through the Illinois Religious Freedom Protection and Civil Union Act, under 750 ILCS 75/. This law gives couples in a civil union most of the same legal responsibilities, protections, and benefits as those who are married, at least under Illinois law. Couples in a civil union have rights related to inheritance, medical decisions, property ownership, and other matters. However, these rights generally stop at the state level.
What Is a Special Needs Trust and How Does It Work in Illinois?
When drafting an estate plan, you can incorporate documents to protect your loved one with a disability. A special needs trust can be used to help them have financial security without compromising their benefits. Consider the purpose and benefits of these trusts and then speak with an experienced Wheaton, IL estate planning attorney about how to incorporate one in your estate plan.
What Is a Special Needs Trust?
A special needs trust is a legal arrangement that allows you to hold and manage money or property for the benefit of a person with a disability. This person is known as the beneficiary. The funds in the trust can pay for things that improve the beneficiary’s quality of life, such as special medical treatments, therapy, education, travel, or recreation. Often, a special needs trust will address needs or wants that government benefits do not typically cover.
Is Illinois a Community Property State or an Equitable Distribution State?
Illinois is an equitable distribution state. Unlike a community property state, your assets are divided fairly rather than strictly equally. The first step in dividing property during Illinois divorce proceedings is to categorize your assets and debts as marital or non-marital. Working with an experienced DuPage County, IL divorce attorney ensures you understand your rights and what you can do to protect your assets, even in an uncontested divorce.
What Counts as Marital Property in Illinois?
According to Section 503 of the Illinois Marriage and Dissolution of Marriage Act, marital property refers to assets and debts acquired by either spouse during the marriage. This means that funds, retirement benefits earned during the marriage, real estate purchased while married, and even certain business interests can fall under marital property.
How Are Wills and Trusts Different in Illinois?
Wills and trusts are two common tools used in estate planning, but they serve different purposes and function in different ways under Illinois law. Whether you are planning for the future of your children or trying to avoid probate, understanding the distinction between these documents is essential, and an experienced Wheaton, IL estate planning attorney can help guide you as you create a comprehensive estate plan.
What Is a Will?
A will, also known as a "last will and testament," is a legal document that outlines your wishes for the distribution of your property after death. In Illinois, wills are governed by the Illinois Probate Act of 1975, 755 ILCS 5/1-1. This law explains the requirements for executing a valid will, including the need for the document to be signed by the testator and witnessed by two competent individuals.
Legal Requirements for an Illinois Surrogacy Contract
Entering into a surrogacy contract is a huge legal and emotional step for anyone involved. Illinois has extensive and comprehensive surrogacy laws, offering strong protections for surrogates and parents. To ensure your rights are secure, you must work with experienced attorneys. Our DuPage County, IL surrogacy contract lawyers help clients navigate the legal requirements and establish parentage.
Requirements for a Surrogacy Agreement in Illinois
In Illinois, a gestational surrogacy agreement must meet specific legal criteria under the Illinois Gestational Surrogacy Act, 750 ILCS 47, to be enforceable. The act stipulates that the contract must be in writing with two competent adults as witnesses, and it has to be signed before any medical procedures begin, excluding initial screenings. All parties involved must have legal counsel. Any compensation must be handled through an independent escrow account, and the surrogate has to agree to the following:
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