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The Fives Types of Powers of Attorney in Illinois
Establishing an estate plan early and reviewing it often will ensure your wishes are met and that your loved ones are protected. Waiting too long to take care of your estate plan can instead leave your loved ones scrambling to make tough decisions. Having a power of attorney means giving someone the legal authority to make decisions for you. It is essential for helping you and your family in times of need.
Whether you face a medical emergency, develop memory issues, or simply need help managing financial matters, a power of attorney ensures that important decisions will not be delayed. If you have questions, our Arlington Heights, IL estate planning attorneys can guide you through your legal options.
What Does Illinois Law Say About Powers of Attorney?
In Illinois, you can create powers of attorney, which are legal documents, for both property and health care under the Illinois Power of Attorney Act. This law explains how these documents must be signed, witnessed, and executed to be valid.
What to Know as a Stay-at-Home Mom Getting Divorced
For a stay-at-home mom, getting a divorce can bring unique financial and custody challenges. You may worry about how you will support yourself, where you will live, or how the divorce could affect your relationship with your children. The good news is that you do not have to learn the law overnight. Our Schaumburg, IL, divorce lawyers can help. We will explain your options clearly so that your post-divorce future is less intimidating.
What Are Your Legal Rights as a Stay-at-Home Mom in an Illinois Divorce?
In Illinois, both spouses have rights in a divorce, even if one spouse did not earn an income. The state follows a model of equitable distribution under 750 ILCS 5/503. That means the courts divide property fairly. Judges look at many factors to decide what is fair, including each spouse’s financial and non-financial contributions to the marriage. Sometimes, that means the split is not 50/50.
When Can Judges Order Higher Than Normal Child Support?
In Illinois, courts use specific guidelines to calculate child support. These guidelines are meant to be fair, but sometimes the amount determined by usual calculations is not enough. Judges can order higher child support when a child’s needs go beyond the basic formula. If you have questions about paying or receiving child support payments, our experienced DuPage County, IL child support lawyers can answer them.
What Is the Basic Formula for Child Support in Illinois?
When calculating child support, Illinois uses an "income shares" model, under 750 ILCS 5/505, that looks at both parents’ incomes and how much each contributes to the total household income.
They also consider factors like how many children you have, how much you pay for health insurance or child care, and how much time you both spend with your child. The goal is to make sure both parents share responsibility for the costs of raising their child.
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. When both are included in one estate plan, your wishes are clearly understood and can be respected in the moments when guidance is most needed. Our Lombard, IL estate planning lawyers can help ensure that your documents are valid and complete.
What Is the Purpose of a Last Will and Testament in Illinois?
A last will becomes effective only after you pass away. It allows you to name an executor who will carry out the instructions you leave in your will, distribute your property to your beneficiaries, and designate guardians for minor children. You can even use it to clarify how sentimental personal items should be distributed, which helps prevent conflict among family members.
When Should a Beneficiary of a Will Have a Lawyer?
Being named as a beneficiary in a loved one’s will can open the door to many questions. What is probate? What are your rights during the process? Is the executor treating you fairly? Beneficiaries in Illinois have specific legal protections, but those rights can only be enforced if you know how the process works and take action when needed. If you are unsure where to begin, our Arlington Heights, IL beneficiary representation lawyers can help. With legal counsel, you have someone to walk you through the process and ensure that no one violates your rights.
What Does It Mean To Be a Beneficiary of a Will in Illinois?
A beneficiary is legally entitled to receive property or assets after another person’s death. This can include money, real estate, investments, or personal items. The will must be submitted to the local probate court. Probate is the legal process used to validate a will and distribute assets to beneficiaries after all debts have been paid. There, it becomes part of a public record, and the executor carries out the deceased person’s final wishes.
When Does Gambling Constitute Asset Dissipation?
Divorce can be difficult, especially when one spouse’s financial choices hurt the couple’s shared property. Gambling is a common example of this problem. When a spouse uses marital money for gambling instead of household or family needs, it can affect how the court divides property.
If you believe your spouse’s gambling has drained your joint finances, your attorney can help you find records, analyze spending, and show how that behavior affected your financial situation. Working with experienced Schaumburg, IL divorce lawyers ensures that wasted money is properly considered in your case.
How Illinois Law Defines Asset Dissipation
Illinois law gives judges the power to divide property in a fair and reasonable way. Under 750 ILCS 5/503(d)(2), courts can look at whether either spouse used marital property for their own benefit for purposes unrelated to the marriage. This includes gambling, drug use, or spending money on an affair.
Understanding Your Rights as a Father in Illinois Family Court
Fathers have important legal rights when navigating family court in Illinois during divorce and child custody cases. Still, many dads do not fully understand what those rights are or how to use them. The experienced DuPage County, IL fathers’ rights lawyers at A. Traub & Associates can guide you through each step and help you protect your role in your child’s life.
Presumption of Equal Parenting Time in Illinois
In recent years, Illinois law established a presumption that both parents are fit and that equal parenting time is in the children’s best interests. This means judges often try to create a schedule that gives both parents close to equal time with their children.
Under 750 ILCS 5/602.7, the court looks at several factors when considering a parenting plan. These include the child’s relationship with each parent and each parent’s wishes. The court also looks at how the child is adjusting to their home, school, and community. Unless there is proof that one parent is unfit or the situation is unsafe, judges usually aim for a plan that keeps both parents involved.
Three Ways a Special Needs Trust May Benefit Your Family
Caring for a loved one with special needs often means looking far into the future. Parents and family members want to make sure their child or relative is supported, even after they are no longer able to provide care themselves. Programs like Supplemental Security Income (SSI) and Medicaid are essential, but they have strict rules about income and assets. Even a small inheritance or gift could put those benefits at risk.
A special needs trust (SNT) is one of the best ways to provide financial security without losing access to important government assistance. A trust allows you to set aside money or property for a person with disabilities while making sure the funds are managed carefully. With help from experienced Lombard, IL estate planning lawyers, families can create a plan that offers protection and peace of mind.
Three Reasons Why Special Needs Trusts Are Important
A special needs trust does more than set aside money for the future. It provides legal and financial protections that help ensure a person with disabilities can live with security and dignity. Consider the three most important reasons to create one for your family member.
What Is Adult Guardianship in Illinois and How Does it Work?
Illinois courts sometimes appoint a guardian for someone if they cannot make significant life decisions on their own. This can include older adults who are living with dementia. It may also apply to adults with developmental disabilities. Guardianship may be needed for someone who has suffered a serious illness or injury and can no longer manage their own care.
It is not about taking away rights for no reason. Instead, it is a safety measure the court uses when no other less restrictive option exists. If you have questions about guardianship, seek legal guidance right away. An experienced Arlington Heights, IL guardianship lawyer can explain the process and discuss how it relates to estate planning.
What Does Illinois Law Say About Adult Guardianship?
The rules for adult guardianship are listed in Section 11a of the Illinois Probate Act. These laws explain when a guardianship can be ordered, what powers a guardian may have, and how the court supervises the process.
How Does Relocation Affect a Custody Agreement in Illinois?
Moving a significant distance gets complicated when you share parental responsibilities, commonly known as custody. Illinois law has rules about when a parent must ask the court for permission before relocating with a child. The purpose is to protect your child’s best interests. However, the law also protects your right to parenting time. If you are thinking about relocating, working with experienced Schaumburg, IL child custody lawyers can help you understand the law and what judges look for when making decisions.
When Do You Need the Court’s Permission To Relocate With Your Child?
Not every move counts as a "relocation" that requires approval under Illinois law. According to 750 ILCS 5/600(g), relocation depends on where you live and how far you want to move. If you live in Cook, DuPage, Kane, Lake, McHenry, or Will County, moving more than 25 miles from your current home requires permission. Outside those counties, the limit is 50 miles. If the move goes out of state and is more than 25 miles away, that counts too.
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