Recent Blog Posts
How Much Say Do Illinois Kids Have In Their Custody?
One of the biggest concerns for parents going through a divorce is how they will continue raising their children when they are no longer married to each other. It can be extremely difficult and stressful for parents to decide what type of custody arrangement works for them. As with all decisions that impact a child, several factors are considered but the highest priority is on what would be in the child’s best interest.
What happens when the child expresses a strong preference? Will the court rule based on what the child wants? To understand how much influence your child can have on your custody arrangement, speak with a qualified Illinois family law attorney.
How Is the Child’s Best Interest Determined?
Illinois courts make custody-related decisions based on what they find to be in the child’s best interests. To determine this, the judge considers several factors, including:
3 Reasons Why a Revocable Living Trust Is a Good Idea in Illinois
The most common topic in estate planning that most people have heard about is a will. While wills are important tools that can help you make sure your assets are handled according to your wishes after you pass, they are not the only option to consider when planning for the future.
Some people examining their estate planning needs find that a revocable living trust is a great way to manage their estate while also helping their loved ones avoid some common challenges. To learn more, speak with a qualified DuPage County, IL estate planning lawyer who can explain your options and help you make informed decisions.
What is a Revocable Living Trust?
A revocable living trust is an arrangement that establishes a trust and allows you to place whatever assets you want inside it in your lifetime. These assets can be bank accounts, investments, real estate, or anything else of value.
What is the Difference Between Divorce and Legal Separation?
When a marriage in Illinois seems to be ending, couples can face a difficult decision: should they get a divorce or a legal separation? Both options are ways to end the relationship, but there are several key differences. To understand these differences and how they affect finances, property, custody arrangements, and more, speak with an experienced and knowledgeable DuPage County, IL family law attorney.
What Happens in a Divorce?
Divorce is the legal process a couple goes through to end their marriage. The court legally dissolves the marriage and the couple is no longer legally married. Part of the process involves the division of marital property, determinations about spousal support (alimony), and decisions about child custody and child support issues. Once a divorce is finalized, both former spouses are free to marry again.
What is the Step-Up in Basis Rule in Illinois?
When someone passes away, anything they own can be passed down to heirs of their choosing. Their real estate, stocks, or other investments can all be included as part of an inheritance. While it is wonderful to leave assets behind for others, beneficiaries are sometimes left with a significant tax burden as a result.
The "step-up in basis" rule aims to help heirs so that they are not punished for being left with assets and property when a loved one passes away. It can make a big difference in estate planning, especially when families own homes, farms, or other valuable assets. To learn more about how the step-up in basis rule might apply to your situation, speak with a qualified Lombard, IL estate planning attorney.
What is "Basis" in Estate Planning?
To understand the step-up in basis rule, you first need to know what "basis" means. The basis is the original cost of a property or asset, including any improvements that have been made since it was purchased. For example, if you bought a house for $100,000 and later spent $50,000 on renovations, your basis in that house is $150,000. If you sell the house, you will owe taxes on the profit above the basis. If the house later sells for $300,000, the profit – or "capital gain" – is calculated based on the value you put into the house ($100,000 to buy it + $50,000 to renovate it = $150,000). The capital gain would be $150,000, and that is the amount subject to taxes.
Tax Considerations for Estate Planning in Illinois
Seniors wanting to ensure their loved ones are cared for and their assets are distributed according to their wishes should look into estate planning. While leaving clear instructions for how you want things addressed once you pass can give you a great deal of peace of mind, estate planning can have unexpected tax implications.
For example, certain strategies such as gifting or creating trusts can inadvertently trigger gift taxes or higher estate taxes. Failure to account for Illinois estate tax laws can also reduce the amount passed on to heirs. To learn more about how taxes could impact what you leave behind and those you leave it for, speak with a knowledgeable Lombard, IL estate planning lawyer.
How Do Federal Estate Taxes Work?
Estates that exceed a certain value are subject to federal estate taxes. As of 2024, that limit is $12.92 million per individual, something most people will not have to worry about. For those whose estate is worth more than that amount, anything exceeding that limit could be taxed at up to 40 percent, significantly reducing the amount that would be left.
Why Being Assigned a GAL Is Not Necessarily Cause for Panic
Sometimes, when parents are involved in a contentious Illinois custody dispute, the court will appoint a Guardian ad Litem (GAL) to help determine what is in the child’s best interest. Unfortunately, the role of a GAL is often misunderstood, causing worry and anxiety among parents who think it could be bad for their case.
The truth is that having a GAL involved does not mean that you are losing your case or will end up with an unfavorable outcome. In fact, a GAL can be a helpful part of the legal process, especially when the parents understand what it means and can approach this development with the right mindset. To learn more about the implications of having a GAL appointed to your case, speak with an experienced Lombard, IL custody lawyer.
I Was Falsely Accused of Parental Alienation. Now What?
Being falsely accused of committing parental alienation following a divorce can be extremely distressing. Parental alienation happens when one parent deliberately tries to damage a child’s relationship with the other parent. A parent can be left powerless to maintain a healthy relationship with his or her child if the other parent manipulates and undermines it.
Illinois courts take this seriously, and allegations can have severe consequences for the accused parent as well as the child. If you are falsely accused of parental alienation, speak with a skilled Lombard, IL family law attorney to understand how the legal system handles these claims and what steps you can take to protect your rights.
What is Parental Alienation?
The term "parental alienation" describes a situation where one parent deliberately tries to influence or manipulate the child to reject or alienate the other parent. This can be done through:
How Is Estate Planning Different for Blended Families?
Blended families, where one or both parents have children from a previous relationship, are not unusual in America. The unique dynamic between stepparents and stepchildren makes the distribution of assets after a family death less straightforward than it can be for traditional families. Ensuring that stepchildren are treated as fairly as biological children and that the surviving spouse’s rights are protected can be a challenge.
Without a clear estate plan, there can be a higher risk of confusion, disputes, or unintended disinheritance among family members. If you have a blended family and are thinking about what you want to leave behind for your loved ones, speak with a qualified DuPage County, IL estate planning lawyer who can help you draft a detailed plan.
Why Does Estate Planning Matter for Blended Families?
Estate planning involves decisions about what will happen to your money, property, and other belongings after your death. For blended families, it can be especially important to have all of this written down because children from previous relationships, a new spouse, and stepchildren might all have a claim to your assets.
Parental Disputes Over a Child’s Social Media Use
As technology advances and becomes more and more involved in daily life, it can be challenging for unmarried parents who disagree about how their child should use social media. One parent might have serious concerns about how social media could endanger their child’s well-being, and the other might be concerned that limiting the child’s freedom could harm the child as well.
When two parents feel passionately about different sides of an argument, it can be a recipe for disaster. If it feels like you and your ex are in an endless battle about your child’s social media use, speak with a skilled Lombard, IL joint custody attorney about ways to resolve it.
Joint Legal Custody and Parenting Plans
The majority of divorced parents in Illinois have some sort of joint legal custody arrangement. That means both parents get a say and need to agree on important decisions that can affect their child. Social media is one of the areas parents need to agree about. If one parent wants to give the child the freedom to make his or her own informed decision and the other wants to restrict social media use, this is a problem that needs to be resolved.
The Importance of a Digital Estate Plan in Illinois
As digital assets like social media profiles and cryptocurrency become more common, it is becoming more important to make arrangements for them in an estate plan. Illinois actually has laws that specifically address digital assets, but it is a fairly new aspect of estate planning. Many people fail to consider their digital portfolio, and this can create problems if beneficiaries cannot access online accounts or property. If you want to include your digital assets in your estate plans, speak with a knowledgeable Lombard, IL lawyer who can explain your options and offer relevant guidance.
What Are Digital Assets?
Any type of online property or content that someone owns or controls is considered a digital asset. Some of these are quite valuable. Common examples of digital assets include:
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Online accounts: Social media profiles, email accounts, and cloud storage accounts that could include personal files, photos, and documents are all digital assets that you can bestow on a beneficiary in your estate plan.
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