Recent Blog Posts
What Is the Difference Between a Will and a Living Will?
For people of any age, estate planning allows them to make decisions about what will happen in the future. In many cases, the focus of an estate plan will be on what happens after a person’s death, and this will be covered in part by their last will and testament, which is commonly referred to as a will. However, multiple types of estate planning documents, including a living will, can also be used to address how issues such as medical care will be handled throughout the remainder of a person’s life. By understanding the differences between wills and living wills, a person and their loved ones can ensure that their wishes will be followed correctly.
Wills vs. Living Wills
A last will and testament is used to make decisions about how a person’s final affairs will be handled after their death, including who will inherit their property and assets. It will name a person known as an executor who will complete the probate process and ensure that the deceased person’s instructions will be followed when distributing their assets to their family members or other beneficiaries. A will can also be used to nominate a person as the guardian of the deceased person’s minor children, and it can specify the deceased person’s wishes for their funeral and burial or cremation.
How Does Alimony Work in Illinois?
If you are getting divorced, you may have questions about alimony. In Illinois, alimony is called spousal maintenance or support. Alimony is financial assistance that a spouse pays to the other spouse after a divorce. In some cases, spouses agree on the amount and duration of alimony before they get divorced through a prenuptial agreement or separation agreement. In other cases, spouses negotiate a spousal maintenance agreement during the divorce process. When the couple cannot agree, the court will determine spousal maintenance issues on the spouses’ behalf.
Who Gets Spousal Support?
Spousal maintenance is typically used to reduce the financial burden created by a divorce. Both men and women may qualify for spousal maintenance. If the couple is not able to agree upon a spousal maintenance arrangement outside of court, the court will evaluate the spouses’ financial and life circumstances and determine if spousal maintenance is appropriate. Illinois courts consider the following factors when deciding whether to award a spouse alimony:
Britney Spears’ Legal Battle with Her Father Puts Court Appointed Guardianships in the Spotlight
Although pop star Britney Spears was a household name in the 90s and early 2000s, the singer faded into the background in later years. However, a new legal battle has returned Spears’ name to news headlines. Concerns over a court-appointed conservatorship have led many to question exactly when an adult should be subject to guardianship. Some believe that Spears’ father’s control over her finances is a despicable abuse of power. Others see it as a necessary means of assisting a woman with a history of mental instability and substance abuse issues.
Understanding the Purpose of Guardianships and Conservatorships
Estate planning terms vary from state to state. In Illinois, the term “conservatorship” is often used synonymously with guardianship of a person’s estate. A conservator or “guardian of the estate” is in charge of managing the finances of another individual. A “guardian of the person” manages the non-financial concerns in the person’s life, such as housing and medical decisions. Both conservatorships and guardianships give authority of a person’s life to another party. Conservatorships and guardianships are typically used to protect the interests of minor children or those with dementia or other conditions that reduce the individual’s ability to make sound decisions.
Answers to Your FAQs About Modifying Parenting Time in Illinois
Whether it was several months or years ago that your current order on parenting time was entered by a family law court, you probably recall some of the general legal concepts. Illinois’ statute on allocation of parental responsibilities covers both decision-making on important issues involved with raising the child AND the parenting schedule. The former terms of custody and visitation may no longer be used, but the underlying legal issues remain the same. Another notion that has not changed is that the court’s parenting plan order is legally binding. Even by agreement, co-parents cannot alter the provisions without court approval.
Of course, life may throw a curveball that you did not expect when the existing order was entered. Illinois laws presume that your circumstances will change over time, which is why there is a process for modifying the parenting time schedule under certain conditions. It is wise to retain an experienced Lombard child custody and visitation attorney to handle the legal tasks, but some answers to common questions about modifications may be helpful.
Three Estate Planning Strategies to Avoid Probate in Illinois
With just one glance at the hundreds of statutory provisions in the Illinois Probate Act, you can tell that the estate administration process can be overwhelming and complex. Unfortunately, it is usually necessary for most estates to go through probate. The timeline varies widely based upon the circumstances of the case, but the proceedings can take several months to more than a year. It can be disheartening to think about the time and cost involved, and you may be wondering if there is anything you can do to avoid the probate process. The good news is that there are multiple strategies for sidestepping a drawn-out court case, and one or more of them are often suitable to achieve many of your estate planning goals.
1. Joint Ownership of Certain Assets
For any real estate you currently own jointly, as well as property you purchase with someone in the future, you can title it as “joint tenants with right of survivorship” to avoid the probate process. It is also possible for joint tenants to have survivorship interests on a vehicle registered in Illinois. When this language appears on the deed or Certificate of Title, your interest in the asset passes to the other joint owners by operation of law when you die–not through the probate process.
Five Myths About Property Division in Illinois Divorce
If you are contemplating or currently going through a divorce in Illinois, you probably have a whole team of friends and family willing to help get you through tough times. Unfortunately, when this assistance comes in the form of legal advice on property division in divorce, misconceptions abound. You may hear that a “friend of a friend” recently got everything in a dissolution of marriage case, while someone else might relate how their cousin lost it all. It can be difficult to separate valid, credible details from conjecture.
One of your first priorities, when confounded by misconceptions, is to reach out to a Lombard property division attorney right away. Bad information can have a profound impact on your rights in a divorce case, and you put your interests at risk by attempting to address the complicated legal issues on your own. Still, it may help to debunk some of the myths about property division that do more harm than good.
Myth 1: Marital property is split equally between divorcing couples.
Four Things You Cannot Do Via Will in Your Illinois Estate Plan
No matter what your age, a will can offer numerous benefits as part of a comprehensive estate plan. As the AARP notes, your will serves as a roadmap for stating your intentions, distributing your possessions to beneficiaries, and wrapping up your final affairs. With a will, you maintain control over your assets instead of being subject to Illinois intestacy laws and reduce the potential for disputes among surviving loved ones, saving time and money in the estate administration process.
What you may not know is there are a few objectives you cannot accomplish by creating a will. This can lead to surprises if you expect to achieve certain goals, so it is wise to consult with an estate planning attorney regarding the details. Here is an overview of four things you cannot do through your will.
1. Evade Creditors
If you incurred debts or related legal obligations during your lifetime, you will not be able to get rid of them through your will. Your creditors can still pursue your estate, and in some cases, specific beneficiaries, to obtain payment. The person you name as executor cannot avoid debts, because they will be required to provide notice to creditors and pay verified claims.
Filling the Gaps in Your Illinois Estate Plan
If you have already created a will, you should be happy to count yourself among the majority of Americans in certain age groups who have done so as well. According to AARP, almost 70 percent of individuals aged 65 years and older have prepared a will, as have just under 60 percent of people ranging from 50 to 64 years old. Like you, these testators appreciate having more control over their final affairs and the Illinois estate administration process, as well as knowing their assets are better prepared to make it to the hands of their intended beneficiaries.
However, there is much more to estate planning than just a will. Without other critical documents, there could be substantial gaps in your estate plan. As such, it is wise to talk to an estate planning attorney about other arrangements outside of your will, such as:
Health-Related Advance Directives
Four Tips for Opening a Conversation About Prenuptial Agreements in Illinois
For anyone walking down the aisle anytime soon, some data regarding divorce should be encouraging in terms of the future of your relationship: The Institute for Family Studies (IFS) reports that divorces have been steadily decreasing in the U.S. over the last few decades, hitting a record low of 14.9 divorces for every 1,000 marriages in 2019. This is the biggest drop in more than 50 years, surpassing the rate of 15 divorces per 1,000 marriages in 1970. Even better news is that the duration of current marriages increased by one year over the period from 2010 to 2019.
These figures are reassuring as your wedding date approaches, but it is still essential to be prepared for unforeseen issues. One way to protect yourself and your future is to consider a prenuptial agreement – a topic that many spouses-to-be avoid because of the negative reputation. While you can rely on a DuPage County prenuptial agreement lawyer to help with the legal tasks, you could use a few tips on how to start up the conversation.
Four Things to Know About Special Needs Trusts in Illinois
If you are considering ways to provide for a loved one with special needs, you have probably discovered the inherent conflict with giving money directly: Any funds you contribute could make this individual ineligible for benefits under the Social Security SSI program, Medicaid, and other forms of public assistance. Your heart may be in the right place, but you could be doing more harm than good when it comes to qualifying for needs-based programs that focus on income and assets.
With this information in mind, you may have also come across special needs trusts when researching ways to provide support. In short, this legal structure allows you to place funds in a trust managed by a trustee who makes permissible distributions that enable your loved one to still qualify for public programs. An estate planning lawyer can help with the details specific to your case, but you might benefit from knowing a few basic things about special needs trusts.
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