As people live longer and longer lives, the chances that you could one day experience age-related incapacity increase. Even if it is only for a short time in your very advanced age, most people will at some point lose the ability to think clearly and make decisions on their own behalf. While no one wants to go through an illness that affects the mind, like dementia, the reality is that many of us will. Planning for incapacity is a wise choice; the younger and healthier you are when you do it, the stronger your plan may be. The entire process of getting the documents you need to prepare for such an event does not take long, although you should think carefully about your choices. You have quite a bit to gain and nothing to lose by doing this important type of planning. 

Reasons You Need an Incapacity Plan

You may have already seen an elderly family member go through age-related incapacity. For many people, watching a loved one struggle with age-related incapacity is what prompts them to make a plan of their own. Advantages of having this type of plan in place include: 

• Family harmony - Everyone has their own personal opinion about how end-of-life matters should be handled. Sadly, disagreements about these issues can tear a family apart when it should be banding together. Adult children may have relationship-altering disputes about whether their incapacitated mother with terminal cancer should be given life-prolonging treatments or moved to hospice to be kept comfortable. Incapacity planning lets you make these choices for yourself, so there will be no reason for your family to fight. 

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Although alimony is less common in Illinois divorces than it used to be, it is still frequently ordered or negotiated between a divorcing couple. Technically known as “spousal maintenance,” alimony is intended to allow a spouse to recover from the financial consequences of separation from their partner, especially if the marriage lasted a long time and the spouse receiving alimony sacrificed all or part of their career potential to raise a family. If you are seeking an Illinois divorce and are wondering how long alimony lasts, read on and then contact a DuPage County family law attorney who can help. 

Types of Alimony in Illinois Divorces

There are four basic types of spousal maintenance allowed in an Illinois divorce, and the type of alimony will have a significant influence on how long alimony payments last. The four different types of alimony are: 

• Temporary alimony - Interim or temporary alimony is ordered during divorce proceedings and may be used to pay for a spouse’s attorney fees and/or the cost of a spouse’s living needs until the divorce is finalized. Temporary alimony is intended to allow spouses to leave marriages they would otherwise be trapped in for lack of funds. 

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Because many Illinois couples today get married well after they complete their education and begin building their net worth, many marriages begin when one or both spouses already own property. When one spouse outright owns or has a mortgage on a house and the other spouse moves in, the process of dividing the value of the house in a divorce can be complex and contentious. 

The spouse who owns the house will generally argue that, since he or she owned the home prior to the marriage, it is his or her individual property. The spouse who lived in the home, often for many years or even decades, will argue that without his or her financial assistance or help around the house, the home - and the spouse who owns it - would not have the property value or equity ownership it has today. For a brief overview of how individually owned property may be handled in a divorce, read this blog and then get your specific questions answered by an experienced Illinois asset division attorney.

Determining Whether a Home is Personal or Marital Property

When a spouse owns all or part of a home when a marriage begins, that preexisting equity generally remains the property of that spouse. This is especially true when a valid prenuptial or postnuptial agreement exists that protects the spouse’s equity in the home. 

As a parent, you probably do not even want to think about what would happen if you were to pass away before they become adults. It can be a very upsetting idea. However, addressing the possibility head-on by making an estate plan that includes your children is the best way to set your mind at ease. People are waiting longer to have or adopt children, and it is fairly common for men to have children later in life. While all parents of minor children should have an estate plan aimed at providing for the children, it is particularly important for older parents. By creating a comprehensive estate plan, you can help ensure that if the worst were to happen, your children would be provided for. When protecting minor children in your estate plan is your main goal, it is important to work with an attorney so that you can be confident in your plan. 

Tips for Protecting Your Children in an Estate Plan

Since you cannot leave everything directly to your minor children, there will be some strategizing involved in your estate planning. Some tips and things to consider include: 

• Combine wills and trusts - If you are wondering whether you should use a will or a trust when you have minor children, the correct answer is probably “both.” You will need a will to name your preferred successor guardian - the person you would want to raise your children in your absence. However, a trust may provide greater flexibility so that distributions can be made over time. You probably do not want your children to receive a lump sum when they come of age. 

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Quite a few people think that making a simple will is all they need to do to check “estate planning” off their to-do list. However, there is a lot more to a complete estate plan than a will. A strong estate plan should involve multiple documents for different purposes. Your estate plan should also include provisions for your own care in the event that you experience incapacity in your advanced age. Aside from that, a will alone cannot accomplish what your beneficiaries may need after you are gone. In most cases, a trust should be used to protect those you wish to benefit from your estate. Online do-it-yourself kits rarely contain everything you actually need in your estate plan. Your best bet is to work with an experienced estate planning lawyer to ensure that your estate plan is complete and comprehensive. 

What Do I Need to Know About Building a Comprehensive Estate Plan?

Do not be intimidated by the list of documents you might need. An attorney can guide you through the decisions you will be asked to make as you build a strong estate plan. Keep in mind that you should:

• Consider your beneficiaries - You know the individuals you will leave your estate to. Are they good with money? If you give them a lump sum, will they reinvest it and grow their savings or business? Or will it be gone within a year or two? Many beneficiaries would be better off receiving controlled annual or discretionary distributions. If that is the case for your loved ones, you should strongly consider using a trust over a will. 

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While much has been written about going through a divorce with a spouse who suffers from narcissism, depression, or even psychopathy, borderline personality disorder (or BPD) is so common and unpredictable that many people who get divorced do not even know that their spouse suffers from a specific mental illness - they just know they cannot take it anymore. 

Between one and five percent of the population has BPD and, for unknown reasons, most of them appear to be women. BPD often manifests with symptoms that are similar to those of other personality disorders - unpredictable mood changes, attachment difficulties, impulsiveness, and other difficulties with self-regulation. These behaviors can make it difficult to stay married, but can also make it very difficult to get divorced. If you know or suspect your spouse may have BPD, it is important to be prepared for the implications this may have on your Illinois divorce. 

Why Is Divorcing Someone with Borderline Personality Disorder So Hard? 

Abandonment is a common fear of those who suffer from BDP; ironically, the unpredictable behavior of someone with BPD often pushes away friends and family, leaving them left to face their fear of being alone. Additionally, the threat of abandonment makes people with BPD lash out in increasingly unpredictable and erratic ways, virtually all but guaranteeing that their partner will leave. A spouse with BPD going through a divorce may become self-destructive, self-harming, or even suicidal. 

Illinois firefighters, police officers, and emergency medical caregivers are real-life superheroes who handle more than their fair share of challenges at work. Unfortunately, the unpredictable and demanding work schedule of these jobs also means that first responders often face additional challenges in their relationships. Emergency response employees have higher rates of divorce and, when they get divorced, they must deal with unique concerns as a result of their job. 

Why Are First Responders at Greater Risk of Divorce? 

First responders are at higher risk of matrimonial dissatisfaction because they work long hours, frequently face dangerous situations, observe traumatizing events, and often struggle with substance abuse and mental illness. In addition to the typical challenges a married couple deals with, these issues can be very difficult for the first responder and his or her spouse to manage. 

What are Unique Divorce Issues First Responders Face? 

Divorces involving first responders face several complications that must be anticipated and carefully planned around. These include, but are not limited to: 

When you are grieving the loss of a family member, the last thing you want to deal with is a problem regarding their estate plan. Even when estate administration goes smoothly, it can be emotionally difficult for the surviving loved ones. Unfortunately, sometimes concerns over a will’s validity do arise. Family members may get a rather unpleasant surprise when they get around to reading their decedent’s will in some cases. Sometimes the terms of the will are much different from what you expected to find. It could be that the will leaves everything to an individual or organization the family is not familiar with. Or, it could be that the will appears to have been signed well after the decedent became incapacitated. Whatever tips you off that your family member’s will is not valid, there are ways an attorney can help you challenge the will and potentially have it set aside. 

What Are Some Signs that My Relative’s Will is Not Valid?

There are a number of factors that might suggest to those who knew the testator that the will in question is not what the testator would have made of his own accord. A few signs that should lead you to investigate further include: 

• Incapacity timing - If your relative had an illness like Alzheimer’s or dementia, their will may not be valid unless it was signed before they lost the mental capacity to do so. You may be able to challenge the will on grounds that your relative was not competent to make a will. 

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You have probably seen at least one murder mystery movie where a wealthy individual is killed for their money, typically by an heir. It is a fairly common trope for impatient heirs to take matters into their own hands in order to get their share of a high-value estate faster. Sadly, this trope does sometimes play out in real life. You may have seen one of many true crime shows feature a terrifying episode where a person marries a wealthy individual, intending to murder their spouse and claim the entire marital estate. Certainly, few would want their killer to inherit anything at all. This is where “slayer statutes” come into play. In general, these laws prevent murderers from inheriting any part of their victim’s estate. 

What if the Killer Does Not Get Convicted?

If the alleged slayer does get convicted of the murder, this establishes conclusive evidence that they are barred from inheriting. However, it is not necessary. To convict a person of a crime, the state must prove “beyond reasonable doubt” that the defendant committed the crime. However, to activate the slayer statute and bar the killer from inheriting, one need only show that it was more likely than not that the murder occurred as alleged. 

What if the Decedent Had an Estate Plan Making the Slayer a Beneficiary?

There is something of a legal presumption that the victim would have changed their mind about leaving anything to their killer, but was robbed of the opportunity to do so. In this case, the victim’s will or trust will be overridden. The estate will be administered as if the slayer were deceased. 

Summertime presents unique challenges to divorced or never-married parents who share underage children in Illinois. Children are out of school, and younger children require full-time care, forcing parents to get creative in finding childcare options and summer activities that are affordable and feasible for their schedules. Coordinating frequent visits and transportation from house to house adds to the complexity of summer schedules. If you are creating or modifying a parenting plan in Illinois, here are three tips to help you co-parent successfully in the coming summer months. 

Plan Ahead

Some parents specifically include their summer parenting plan in their initial parenting agreement. Whenever possible, taking this route is recommended for several reasons. First, it allows parents to avoid conflict by making decisions ahead of time. Second, it encourages parents to provide a stable and thoughtful environment for the children during an otherwise unstructured time. Finally, it gives children an idea of what to expect, preventing misbehavior stemming from anxiety or uncertainty about the future. 

Be Flexible

Unexpected vacations, sleepovers, or group activities can be among the best parts of summer. Parents who adhere to their parenting plan too rigidly may be setting themselves up for conflict with each other and with the children, preventing children from enjoying the spontaneity of the summer months. Parents who can communicate well often enjoy greater flexibility, so working on strategies that allow for seamless communication can be especially helpful in the summer. Discussing travel plans over a designated email address can allow for non-confrontational planning and documented discussions. 

Even when you know that getting divorced is the right choice, the process can still be very difficult. Most people feel a range of complex emotions, including guilt, sorrow, anger, and even regret. Long before the divorce is final, you are likely to be ready to move to the next stage of your life, and you may feel frustrated by how long the process is taking. If any of this sounds familiar to you, here are six tips to help you get through your DuPage County divorce. 

Strategies For Getting Through Divorce

• Surround yourself with friends and family - Divorce often means losing the person with whom you used to share important details about your day. Although you may not be able to replace the role your spouse filled, having people to turn to for friendship, support, and a listening ear can make a big difference in your happiness during divorce. 

• Practice forgiveness - Divorce usually leaves people feeling at least a little angry - angry about infidelity, emotional neglect, abuse, or even just the way things turned out. Holding on to the bitterness of past actions only ends up hurting you in the long turn. Forgiveness is a skill that we can get better at, and practicing forgiveness after divorce will help you move on. 

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It is rather common for people to think of estate planning as an end-of-life task. Estate planning attorneys are often called to visit clients in skilled nursing facilities, hospitals, and hospice centers. However, waiting until this point to make a will can have negative ramifications. One of the major requirements for a will to be considered legal and enforceable is that the testator (the person creating their will) must have the mental capacity to do so. This standard is known as “testamentary capacity.” It is designed to prevent those who are incapacitated from executing a will that they would not have agreed to if they were not incapacitated. It also protects elders and their families against those who would exercise undue influence over a disoriented adult during the estate planning process. 

Testamentary capacity is a relatively low bar - even those with early forms of Alzheimer’s or dementia may be able to make a will under the right circumstances. An attorney will be able to apply this standard to help determine whether someone still has the capacity to make a will. 

How is Testamentary Capacity Determined?

There are a few rather specific standards that must be met for a person to have testamentary capacity. They are: 

Even for spouses who get along fairly well, divorce in Illinois can be a complex and expensive affair. Spouses may wonder whether sharing a divorce attorney could save them time and money, especially if they want to cooperatively reach a resolution on issues like asset division and child custody.  

However, no matter how well-intentioned spouses are towards each other, the fact is that divorce attorneys may only represent one partner in a divorcing couple. Attorneys are required to abide by ethical obligations that protect their clients, such as maintaining the attorney-client privilege and never allowing conflicts of interest to mar their representation of a client. Because even the most cooperative divorcing spouses necessarily have different and often opposing interests, an attorney representing both spouses would run into obvious conflicts of interest. 

Why Should I Hire My Own Attorney?

Even if your spouse decides not to hire a lawyer and represent themselves, you will be better off if you hire your own attorney. Having a lawyer review your proposed settlement to make sure you are getting a fair property division and making a sensible parenting agreement can help you avoid going to court and having a judge refuse to allow the divorce settlement because it is not equitable or in your child’s best interests. Divorce decrees are generally permanent, and an attorney can help you avoid errors or poor decisions that may affect you for many years. 

Most Illinois couples who are going through a divorce can avoid the difficulty and expense of courtroom divorce litigation by using the help of a trained divorce mediator. Because mediation is so successful and it saves both Illinois courts and divorcing spouses time and money, judges usually require spouses to undergo mediation before their divorce can advance to a trial. 

However, the mediation process is not always feasible and, even for those who try it in good faith, it is not always successful. If mediation efforts have not yielded a mutually satisfying divorce decree, you may be wondering what comes next. 

Why Does Mediation Fail? 

Mediation can fail for many reasons. One or both spouses may be unwilling to cooperate or believe they will get a better “deal” if they present their case to a judge. Some spouses may be too hostile to reasonably work together. Other couples may try hard to negotiate but will still have unbridgeable differences in how they see certain facts or priorities. 

There is very little risk in making a will, as you can revoke it at any time so long as you are competent to do so. A lot of people revoke and replace their wills for a number of reasons. If you got divorced and remarried, you might want to revoke the will that left everything to your former spouse. If you had a child, or even a new grandchild, you might want to cancel your old will and create a new one that includes them. Some people simply change their minds about giving part of their estate to a particular beneficiary as their lives and priorities change. Fortunately, revoking a will is not usually overly complicated. It is still best to consult a lawyer to make sure that your revocation is effective. 

How Can I Revoke My Will?

If you decide that you no longer want your existing will to control your estate, there are a few simple ways to revoke it. Once it is revoked, it will have no legal effect. It is a good idea to make sure that you have a replacement plan of some kind. In Illinois, you can revoke your will by: 

• Destruction - Shredding, burning, ripping up, or otherwise physically destroying your will is a legal way to revoke it. However, this may not be the best method. There could be a dispute over who actually destroyed it and whether it was destroyed purposely or simply lost. 

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The terminology used in estate planning can be challenging to understand. If you feel a little confused when you read about estate planning topics because of all the “legalese,” you are far from alone. Many of the legal terms used in the estate planning field have very specific meanings. Some terms are used when discussing trusts, but not wills, or vice versa. Other terms you may know are outdated and no longer in use. It can be difficult to keep track of all the legal terms you might hear or read when it comes to wills, trusts, powers of attorney, and guardianships. This is one of many reasons that it is very important to let an attorney help you build your estate plan.

What Are Some Legal Terms I Might Need to Know?

Some important terms you might want to be familiar with when you start working on your estate plan include: 

• Testator - The person who is making their will. 

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Marijuana is now readily available to residents of Illinois. Coming in the form of vape pens, hard candies, chocolates, and traditional herb, marijuana products are easy to use with very little thought as to whether there may be negative consequences to this change in policy. While marijuana is often marketed as a sort of panacea for illness, pain, and other ailments, like all intoxicating substances, marijuana use can have negative side effects for its users. Additionally, just because marijuana is legal does not mean that parents in Illinois have free reign to use it in ways that could interfere with their parenting. If you are wondering whether your marijuana use could be used against you in a divorce or child custody dispute, read on. 

Marijuana Use And Parenting Time

The Illinois Cannabis Regulation and Tax Act prohibits marijuana use, in and of itself, to be used against a parent in a dispute about parenting time or parental responsibilities. Like alcohol, responsible marijuana use is legal and does not present a threat to a parent’s ability to parent well or make responsible decisions on behalf of their child. 

But irresponsible marijuana use can certainly be used against a parent whose cannabis habits prevent them from appropriately caring for their child. Just like any other drug, using cannabis when children are around, allowing cannabis use to cause a parent to be less alert or responsive, or driving under the influence of cannabis can cause a court to question parental fitness. 

As much as we would all like to be part of a loving, old-sitcom-style family where everyone gets along and loves each other, this is simply not the reality for many people. Some people who are trying to create an estate plan have adult children who have not spoken to each other in decades. Others have seen their relatives extensively litigate over another family member’s estate. Some have witnessed utter chaos erupt when a now-deceased relative was nearing the end of their life, as no two family members could agree on how their medical care should be handled. 

If this sounds like your family, there are a few steps you and your attorney can take to both protect yourself during your later years and avoid any further conflict over your own estate or end-of-life care. 

Tips for Testamentary Planning When Your Family Does Not Get Along

Angry, disinherited, or jealous family members have been known to raise challenges simply to spite each other. You probably already know if this is a risk. Some tips for making sure your estate plan goes unchallenged include: 

It often does not even occur to young adults that they should have an estate plan at all. You may see creating an estate plan that is likely to change before you need it as a pointless endeavor. However, there are a number of strong reasons that younger adults should consider creating at least a simple estate plan. It can be very difficult for young people to consider their own mortality in this way, but it is important that you do. No one is impervious to things like accidents or illnesses. Having a legally sound estate plan in place is a good idea for everyone. An estate planning attorney can help determine what type of estate plan makes sense for your personal situation. 

Why Should Young People Make an Estate Plan?

Life and death can be incredibly unpredictable. For this reason alone, it is a smart move for all adults to establish an estate plan, whether or not they think it will become relevant anytime soon. Reasons young adults should consider creating an estate plan include: 

• Protecting families - When a person dies at a young age, the grief their family and loved ones experience can be immense. Trying to figure out what to do with your belongings while navigating intestate probate can add chaos and difficulty to the already horrible situation your family would be in. An estate plan that sets out which friends or relatives should receive what can be extremely helpful for your survivors. 

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The issue of inheritance is often a cause of great contention in Illinois divorces. For spouses who have been married for decades, money given from a deceased family member to one spouse may feel like something of a betrayal to the other spouse, especially if the spouse who receives the inheritance decides not to spend it in ways that would benefit the marriage or children. 

In other situations, couples may be very generous with each other’s inheritance, and even count on it as part of their long-term financial planning. No matter how an inheritance has been handled, the issue can get thorny when a couple starts discussing divorce. Deciding how to handle an inheritance in the asset division process can be challenging, especially when inheritance funds have been mixed with marital funds. If you are considering divorce and anticipate dealing with inheritance, consider getting the help of a DuPage County attorney with experience in both family law and estate planning. 

What is the Difference Between Marital and Non-Marital Property in Illinois? 

Illinois divorce law requires marital property to be divided equitably. This means the 50/50 split that is often seen in community property states is less common as Illinois judges try to find a balance that is fair, rather than exactly equal. Determining how to split marital property equitably requires that all marital property be fairly accounted for. Usually, assets and debt that were owned by one spouse before the marriage remain the property and responsibility, respectively, of that spouse. In contrast, any income, assets, debt, savings, or investments made during a marriage are usually considered marital property.