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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:
How To Choose an Executor for Your Estate in Illinois
The executor of your estate is the figure responsible for ensuring that your estate plan comes to fruition after you are gone. You have to be able to rely on them to protect and manage everything from asset distribution to tax payments. Choose someone you can trust – someone who exhibits certain personal qualities that fit the role and responsibilities. Consider what to look for in an executor, and talk to an experienced Wheaton, IL estate planning attorney about what it takes to create a robust strategy for your estate.
What Are the Responsibilities of an Executor in Illinois?
Illinois law requires the executor to manage the probate process, which ensures that your assets are properly administered and distributed per your will. It involves validating your will, paying off your liabilities like debt and taxes, and distributing what remains to your heirs or beneficiaries.
The Difference Between a Guardian ad Litem and a Child Representative
Family law matters that involve children, such as allocating parental responsibilities, can be complex and contentious. Sometimes, these cases require a guardian ad litem (GAL) or a child representative to act as an objective voice for the children, ensuring that their best interests are prioritized.
Both play essential roles in the court and offer a way to resolve disputes through an objective lens. The experienced Wheaton, IL guardian ad litem attorneys at A. Traub & Associates can help you understand how a GAL or child representative can impact your case.
What Are the Roles of GALs and Child Reps in Illinois Family Court?
A guardian ad litem is an attorney appointed by the court to investigate and make recommendations regarding what is best for a child in cases involving children. According to Illinois law, they can be called as witnesses to testify about the information contained in their report, and while they are tasked with representing the child’s best interests, that does not mean that they will adhere to a child’s wishes.
What Happens to Jointly Owned Property When I Die in Illinois?
Joint ownership of property can be structured in more than one way, and the specifics of what will happen to that property when a co-owner dies can vary. If you have concerns about how joint ownership of your property could impact everything from estate taxes to creditor claims, or anything else related to your estate plan, talk to an experienced Wheaton, IL estate planning attorney today.
What Is Joint Ownership Under Illinois Law?
Illinois’s Joint Tenancy Act covers the legal nuances of joint ownership, which refers to how more than one person holds the title to certain property. In general, there are three types of joint ownership recognized under Illinois law:
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Tenancy in common: With this agreement, the owners of a property have an inheritable share. Therefore, when you die, your share is inherited based on the terms of your will. For example, if you bought real estate with your siblings, your share could be left to someone else, but your siblings would retain ownership of their shares.
How Can I Adopt My Stepchild Under Illinois Law?
Stepparent adoption makes up a significant portion of family adoptions in Illinois, and the process can be very meaningful for blended families. Stepparent adoption requires open conversations and a clear understanding of what it means for a stepparent to take on all the responsibilities and rights of a legal parent. If you are considering adopting your stepchild, talk to an experienced Wheaton, IL stepparent adoption attorney about the steps you will need to take and how having a legal representative can help.
Do I Need the Biological Parent’s Consent To Adopt My Stepchild?
Under Illinois law, a stepparent is categorized among those related to a child, but legally, the role is not the same as that of a biological parent. Adopting a stepchild requires an assessment of the biological parent’s role in the child’s life. Are they willing to terminate their parental rights, or does the court have grounds to remove them?
What Are Illinois Financial and Health Care Powers of Attorney?
A surprising number of people do not have an estate plan in place, which means that they have not outlined what will happen to their assets should they die or become incapacitated. A power of attorney (POA) document ensures that someone is there to manage your affairs when you are not in a position to do so for yourself. If you have questions about building an estate plan and drafting a power of attorney document, a Wheaton, IL estate planning lawyer can help.
Definition of Power of Attorney in Illinois
Illinois defines a power of attorney as a legal document that allows you, the principal, to designate another person to make decisions on your behalf. The selected individual is called the agent or attorney-in-fact, and the decisions typically regard finances and health care. POAs can be specific or broad, limiting the agent's responsibilities to a set of tasks or granting them a wide range of power. In Illinois, there are several types of POAs, but the two most commonly included in an estate plan are financial POAs and health care POAs.
Divorcing in Illinois When You Have a Disabled Adult Child
Everyone knows that child custody is a standard part of divorce for couples with small children. However, what happens when you have a disabled adult child with a disability who relies on you both for financial support and care in Illinois? If either of you or both of you have established guardianship, you likely have questions about what will happen to that guardianship when you divorce. If you have not yet established guardianship, now may be the time to consider it, and a DuPage County, IL guardianship attorney can help.
What Goes Into Caring for an Adult Child After an Illinois Divorce?
The first consideration for a disabled adult whose parents are divorcing is to develop a care plan. No one knows your child better than you, and you can best decide how to meet their needs when your daily lives are changing. Some elements to consider when creating a care plan include:
Should Singles Consider Estate Planning?
When most people think about estate planning, they picture a married couple planning to leave inheritances behind for their children. But estate planning is just as important—maybe even more important—for people who are single. Just because you are not married and do not have children does not mean you do not have people and things you care about. You have a right to decide what will happen to your money, your property, and your health if something unexpected happens to you. When you have not left any instructions for how your property should be handled, laws go into effect that dictate what will happen regardless of what your wishes may have been. To learn more about how estate planning works for single people, speak with an experienced Illinois estate planning lawyer.
Why Is Estate Planning Important for Single People?
If you are single and you do not have a plan in place, your property will be handled according to Illinois law when you pass away. Certain family relationships that are automatically granted a relative’s assets if they pass away intestate, meaning they have no will or other form of expressing how they want their estate distributed after their death. That might mean your things go to some family members you are not close with and it could also mean that some people you care about get nothing at all.
Can My Child Choose Which Parent to Live With in Illinois?
In Illinois, child custody decisions are guided by one primary principle: the best interests of the child. Many parents going through a divorce or separation wonder whether their child can choose which parent to live with. While the child's preferences may be considered by the court, they are not the deciding factor.
Understanding how Illinois courts weigh a child’s wishes can help parents better prepare for the custody process. A qualified Illinois family law attorney with experience helping children and parents navigate these decisions can explain more about the type of custody arrangement your family might benefit from.
How Do Courts Consider a Child’s Preference?
Illinois law no longer uses the terms "custody" and "visitation." Instead, it refers to "parental responsibilities" and "parenting time." As part of this broader shift, the law considers several factors when deciding how parental responsibilities are divided among parents. These include the child's needs, each parent’s ability to meet those needs, and yes—sometimes—the child’s own preferences.
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