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Top 3 Estate Planning Mistakes People Make in DuPage County
Estate planning should always be done with care. It is important that wills, trusts, and other testamentary instruments are written and executed correctly - when it counts, you will not be there to explain what you meant to do in your estate plan. There are a handful of common mistakes and oversights people sometimes make in the course of building an estate plan. Unfortunately, estate planning errors can sometimes have serious consequences. It is best to consult a skilled lawyer when you are ready to begin the estate planning process. Having an attorney assist you can be an excellent way to avoid what could be a costly mistake.
What Are the Top Mistakes Illinois Residents Make in Estate Planning?
It is important to make sure that you are aware of and understand all the options you have before you start signing off on an estate plan. You should be aware of these common mistakes:
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Trusts - Not taking advantage of a trust when one could benefit you can be an expensive error. Many people are more familiar with wills, and may think of them as the default estate planning tool. Some erroneously believe that trusts are for those with high-value estates, but this is no longer the case. Trusts now work well for most estates, and their probate-skipping properties can save your beneficiaries a lot of money in the end.
How Do Special Needs Trusts Work in DuPage County?
Special needs trusts are a tool used to provide for disabled adults without defeating their eligibility for Medicare and other government assistance. This type of trust will allow the beneficiary to use these funds for expenses not covered by Medicare, like personal items and recreation. There are two types of special needs trusts most commonly used in Illinois: third-party special needs trusts and self-settled special needs trusts. If you are interested in protecting someone with a special needs trust, consulting a qualified attorney is the first step.
Why Do I Need a Special Needs Trust?
The problem with simply gifting or awarding money to someone with disabilities is that these funds can be counted as income for them, which can disqualify them for the benefits they rely on. Then, they are forced to spend their gift or award on the routine health care and living expenses these government programs would normally pay for. This goes on until the funds are depleted, which may not take long at all. The disabled person then must reapply for assistance programs, and is effectively back at square one without having really benefited in any noticeable way.
Five Tips for Creating an Illinois Parenting Plan When You Cannot Agree
Many divorcing parents feel as though creating a parenting plan is inevitably a win/lose situation. If one parent does not get to spend time with their children, it is because their [insulting adjective] ex is with them instead. Depending on how someone feels about their ex, this can be an inconvenient or irritating fact or a complete disaster.
However, even when divorced parents dislike each other strongly and find it difficult to get along, they still have to deal with each other and their children still have to deal with the consequences of their relationship. Finding an appropriate balance is crucial for creating a parenting plan, yet this can be the hardest thing in the world during a contentious divorce. If you are struggling to cooperate with your spouse about a parenting plan, here are five tips that may be helpful.
Strive to Understand Your Child’s Best Interests
Sometimes warring spouses may find it easier to cooperate when they shift the focus from each other to their child. Ultimately, a child did not choose her parents’ relationship and it is not her fault that she is stuck in the middle of a divorce. It is her needs that should be met first.
Avoid These Three Simple Mistakes in Your Illinois Custody Dispute
Parents frequently disagree about issues related to the allocation of parental responsibilities and parenting time during their divorce. When parents cannot reach an agreement or create a parenting plan, mediators or a collaborative divorce team may be able to help. However, if other methods fail or if a case is extremely contentious, parents may end up litigating their custody dispute in an Illinois family law court. Although there is no failsafe way for a parent to ensure they get what they want in a court hearing, there are certain mistakes that parents should try to avoid.
Sharing Details of the Dispute on Social Media
Nearly everyone uses social media, but during a contentious divorce, putting too many details on social media accounts can have negative consequences. Even with the most private account settings, information can be obtained and used as evidence in court. Trash-talking the other parent, posting pictures of late-night parties, and even photos of fun but risky behaviors with children may be used to try to prove lack of parental fitness in court. When in doubt, less is more when it comes to social media use.
Using a Prenuptial Agreement to Protect Children from a Previous Marriage
Although prenuptial agreements are famously used by people with high-worth assets, the truth is that prenups can protect many different people in many different situations. One of the best uses of a prenuptial agreement is when a parent of children from a previous marriage in Illinois wishes to get married again.
Having a well-written, legally enforceable prenup can save a parent’s children and second spouses from fighting over assets in court if the marriage ends in divorce or if the parent passes away. A great prenuptial agreement can bolster a will and trust, and is an important part of financial planning before getting married again.
Using Prenuptial Agreements for a Second Marriage
When a parent dies, it is always a tragedy - but the sadness can be made much worse when a second spouse is fighting over assets or inheritance with children. A great prenuptial agreement that details exactly how belongings, savings, and other assets will be allocated in the event of a parent’s death can save children and second spouses from the time, expense, and heartache of fighting over assets in court. This is also true if the second marriage fails and a couple disagrees about how their assets should be divided.
Who Counts as My Child in Illinois Inheritance Law?
Children are often the people those making an estate plan are most concerned with protecting. Before you begin working on an estate plan, it is important to understand who would or would not be counted as your child. Under intestacy law, the definition of a child is fairly rigid and cannot be altered. Modern family dynamics can be complicated, and it is quite common for children to be raised by someone other than their biological mother and father. The legal definition of a child may not encompass everyone who you consider to be your son or daughter.
The language used in your estate planning documents is very important and cannot be left ambiguous. If your family situation is complex and you are not sure whether an individual is legally your child for inheritance purposes, it is best to consult with a qualified estate planning attorney.
Who Is Considered One of My Children For Estate and Inheritance Purposes?
What is a "Survivorship Period"?
Pairs of people who are each other’s next of kin, such as a married couple, often leave everything to each other in their estate plans. The idea is that when the first passes away, the second will inherit and enjoy the estate until she too passes away. Sadly, sometimes a couple passes away at the same time, for example, in a car accident. However, it is unlikely that both people died at exactly the same moment. Odds are, one person survived longer than the other - maybe by a few seconds, maybe by a few weeks.
The problem for estate administrators is sorting out who inherits the estate of the person who died first when the person who dies second does not live long enough to claim the first person’s estate. Survivorship period laws simply require that the beneficiary of an estate outlive the decedent by a certain amount of time before benefiting from the estate.
What Problem Does Survivorship Laws Address?
Is Divorce in Illinois Different for Gay Couples?
Same-sex couples in Illinois get married with high hopes of long-term marital success. Unfortunately, staying married forever is not always possible and divorce becomes necessary. Since same-sex marriage became legal in the United States, the divorce process for same-sex couples is usually the same as ending a marriage for heterosexual couples.
Regardless of the gender of your spouse, it is important to understand the divorce process so you can make your divorce as smooth and fair as possible.
The Divorce Process in Illinois
Before a couple can get divorced in Illinois, one spouse must be a resident of Illinois. To be a resident, a person must have lived in Illinois for the past 90 days or, if they are an active duty member of the military, must have been stationed there the past 90 days. If children are involved, the children must have been residents for at least six months.
Couples do not need to prove fault to file for divorce. In fact, the only reason for divorce currently allowed by Illinois is “irreconcilable differences.” One spouse will file for divorce using a “Petition for the Dissolution of Marriage” in the circuit court where they or the other spouse lives. The petition for divorce must include information about spouses, including where they live and whether they have children. The divorce papers are served to the other spouse and require him or her to respond.
What is the Difference Between a Will and a Trust?
While wills and trusts are both ways to pass money and property to your survivors, there are a few major differences. For example, a will has no effect until the testator has passed away, while a trust takes effect immediately. Many strong estate plans use a combination of a will and a trust, or trusts, as a way to make sure everything is covered. It is important to work closely with a qualified estate planning attorney, who can help you determine whether your ideal estate plan includes a will, trust, or both.
What are the Major Differences Between Wills and Trusts?
When you begin working on your estate plan, your attorney will discuss the benefits and drawbacks of both wills and trusts to help you decide what is best for your individual situation. A few key differences are:
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Timing - A will and trust take effect at different times. A living trust may immediately transfer ownership of any property you place in the trust to the trust. A will, on the other hand, has no legal effect whatsoever until you have passed away.
Will Getting Remarried Affect Child Support Payments?
Different states have different methods for handling child support when either parent remarries. Illinois uses a method known as the “income shares model” to determine each parent’s financial obligation to their children and whether one parent must pay the other monthly child support. Parents’ incomes and the parenting time they have are the primary factors of child support payment calculations. Because remarriage potentially affects the remarried parent’s overall financial situation, either parent, paying or receiving, could request that child support payments be modified by an Illinois court.
Remarriage as Grounds For Child Support Modification
If the parent with the majority of parenting time gets remarried, the other parent - the one making the child support payments - may request a modification. Although the spouse of the remarried parent has no legal obligation to help pay for the children, having a second household income reduces the remarried parent’s financial burdens and gives them more disposable income to provide for the children.
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