Recent Blog Posts
Reasons Why an Illinois Single Parent Should Have an Estate Plan
There is a misconception that the only people who need to have an estate plan in place are those who are older or have significant assets. The truth is that every adult should speak with an Illinois estate planning lawyer to ensure their family will be protected should something happen to them.
One common group of people that A. Traub & Associates helps with estate plans is single parents. Many of our clients are going through divorces and child custody issues and seek out the legal help of our family lawyers. However, our estate planning attorneys know that it is especially important for single parents to have an estate plan in place to protect their minor children.
Do I Need to Choose a Guardian?
If your child’s other parent is active in their life, either through shared custody or frequent parenting time, then the likely outcome should something happen to you is that your child will be with the other parent full-time.
How to Legally Terminate an Egg Donor Agreement
Egg donation agreements are legally binding contracts that outline the terms and conditions between intended parents and egg donors. While these agreements are designed to protect all parties involved, circumstances may arise where terminating the contract becomes necessary. An Illinois lawyer can help you with the legalities of terminating an egg donor agreement, providing important assistance for both intended parents and donors during a sensitive time.
Make Sure You Understand the Grounds for Termination
Egg donor agreements typically include specific clauses that outline valid reasons for termination. Several common grounds for terminating an egg donation agreement include medical issues, breach of contract, mutual consent, legal or regulatory changes, and instances of fraud or misrepresentation.
Review your specific agreement carefully, as termination clauses may vary. Each agreement is unique, and the grounds for termination should be clearly stated within the document. Understanding these grounds is the first step in determining whether you have a valid reason to pursue termination.
How Do I Choose an Agent for Medical Power of Attorney?
People in certain professions know they risk serious injury or death when they go to work. Roofers, pilots, police officers, firefighters, and others face the real possibility that they may suffer a major injury that leaves them incapacitated. Even for those in less dangerous lines of work, it is impossible to tell the future. A sudden car accident, fall, or illness can affect a person’s ability to make decisions for himself or herself, or what the law calls "capacity."
A person who is incapacitated is generally unable to make sound decisions about his or her own health. That is why many people hire an Illinois estate planning lawyer to draft a medical power of attorney, also known as an advanced directive. This is a legal statement in which an individual authorizes an agent to make medical decisions on his or her behalf if he or she becomes incapacitated.
Can a Court Terminate My Parental Rights in Illinois?
Illinois law takes parental rights very seriously. The state views both parents as essential to the child’s life and development, mother and father in equal measure. By default, both parents have equal rights and responsibilities to the child. Courts do not look kindly on a parent who tries to undermine the parental rights of the other.
However, sometimes a court will terminate the rights of a parent. This is a serious legal procedure that ends a parent’s right to his or her child. Sometimes it is initiated by a parent voluntarily, and sometimes it is involuntary. This article will discuss parental rights termination and when it occurs. Consult an Illinois parental rights attorney with any questions about parental rights or obligations.
What Are Parental Rights?
Parents have a right to physical custody of their child, known in Illinois law as "parenting time." Both parents have an equal right to physical custody by default.
What Is an Estate Plan, and Why Do You Need One?
You may have heard the term "estate plan" without being sure what it means, or you might think only the elderly or wealthy need to have one. The fact is, everyone who has children or assets needs an estate plan. If you do not make your wishes known while you can, someone else will make them once you are gone.
Although some projects are suitable for DIY, estate planning is not one of them. Planning your estate is best done with the help of an experienced lawyer.
What Is Estate Planning?
Your estate includes all the possessions and assets you accumulate through life, such as real estate, cars, stocks, bank accounts, and personal items. Estate planning lets you:
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Decide how you want those assets distributed after your death
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Preserve the value of your assets
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Minimize tax burdens for you and your beneficiaries
Can I Continue Living With My Ex After an Illinois Divorce?
Not all divorces are alike. Some couples end their marriages in a flurry of hostility and try to avoid any further contact after the divorce. Others maintain good relations and communication even after their marriages officially end. In some cases, a couple might feel it makes sense to continue living together post-divorce.
But even if you and your ex are willing to live together after the divorce, is it legal? This article will discuss whether you can live with your ex-spouse after a divorce in Illinois. However, it is always best to direct any questions about divorce to an Illinois divorce attorney.
Why Do Some Couples Want to Continue Living Together?
Although it may not happen very often, there are several reasons why some divorced couples choose to live together:
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At least one spouse lacks the financial means to find other living arrangements. This is the most common reason couples choose to continue living together. It is also becoming more frequent as inflation skyrockets and fewer people can afford new housing.
Do You Need a Trust if You Have a Will?
An estate plan is critical in securing your legacy and ensuring your requests are carried out after you pass away. While many people believe that having a will is sufficient, there are compelling reasons to consider establishing a trust, even if you already have a will in place. An Illinois lawyer can help you explore the benefits of trusts and why they might be valuable to your estate plan.
I Already Have a Will. Do I Need a Trust?
A will is an essential document that clearly demonstrates how you want your assets divided after you pass away. However, a trust can offer additional benefits that a will cannot provide. While a will goes through probate, becoming public record and potentially causing delays, a trust allows for quicker, more private asset distribution without court intervention. This privacy protection can be crucial for maintaining family confidentiality and preventing potential conflicts. A trust can also provide for your care if you become incapacitated, whereas a will only takes effect after death.
Tips for Dividing Your Estate Among Your Heirs
When it comes to dividing your estate among your heirs, you should approach the process with careful consideration and planning. By taking the time to thoughtfully allocate your assets, you can ensure that your wishes are carried out and minimize potential conflicts among your loved ones. An Illinois lawyer can help you navigate the estate division process and give you advice about how to divide your assets.
The First Thing to Consider As You Divide Your Estate
Before diving into the specifics of asset distribution, taking a comprehensive inventory of your estate is helpful. This includes valuable possessions such as real estate, vehicles, and personal belongings and intangible resources like bank accounts, investments, and insurance policies. Having a clear understanding of your estate’s composition will serve as a solid foundation for the division process.
How Can I Get Divorced in Illinois If My Spouse Is Missing?
Illinois law has prescribed a certain process for divorce. This process begins when you file a Petition for Dissolution of Marriage with the Circuit Court Clerk in the county where you live. You must then serve a copy of the petition to your spouse, who will have 30 days to respond.
But what if your spouse is missing? If you do not know your spouse’s whereabouts, it can make the process more complicated. This article will discuss what to do if you cannot locate your spouse. An attorney can best guide you through these steps as well as the divorce process as a whole.
Document Your Efforts
You will want to show a judge that you made every effort to locate your spouse. Make sure to document the steps you take, such as:
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Serving your spouse the divorce papers at his or her last-known residence
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Reaching out to your spouse through as many digital media as possible, including text messages, phone calls, emails, and social media messages
How Can I Get Sole Custody in an Illinois Divorce?
There are two types of custody: child custody, which involves making decisions about the child, and physical custody, which is when the child is in his or her parent’s physical care. Illinois law refers to child custody as “parental responsibilities” and refers to physical custody as “parenting time.”
By default, the law prefers that both parents share parental responsibilities and parenting time more or less equally. The mother and father have equal rights to the child, and courts are very reluctant to interfere with those rights. Therefore, a judge will award sole custody to one parent only in certain cases. The best way to find out if you are eligible for sole custody is to consult an Illinois child custody lawyer.
When Do Courts Award Sole Custody?
In any custody trial, the court has two objectives: protect the child and preserve the rights of the parents. However, if those two objectives conflict, the court will protect the child. This means that if a parent is a threat to the well-being of his or her child, the court may restrict that parent’s rights.