Recent Blog Posts
Can I Adopt My Stepchild in Illinois?
Blended families present unique challenges, and when it works well it can be a wonderful experience for everyone. Many new stepfamilies are created every day in Illinois, and many of those families create bonds that last forever. Stepparents who feel close to their stepchild and want to take on permanent parental responsibilities may consider adopting them.
In Illinois, stepparents can adopt their stepchildren, but it is not an easy process. Each situation is different, but there are a few things to keep in mind as you consider adoption:
There Can Only Be Two Parents
A child in Illinois can only have two legal parents. This means that, in order to adopt your stepchild, the child’s other parent must have their parental rights revoked or relinquished. That parent can relinquish their parental rights voluntarily by consenting to the adoption. If the parental rights are revoked as a consequence of neglect or abuse, this must be done in a court case wherein a judge will examine the relevant factors to determine whether the parent is unfit.
What Is Lack of Testamentary Capacity?
When someone is planning their estate in Illinois, several factors must be present in order for a will to be considered valid in a probate court. One important factor is the testamentary capacity of the person executing the will (also known as the “testator”).
Illinois law presumes a person who is writing a will possesses testamentary capacity. This means that if someone wants to prove a will is invalid due to lack of testamentary capacity, they have to proactively demonstrate that the testator was not capable of understanding or writing the will during the time in which the will was written.
Here, we’ll look at the definition of testamentary capacity, and several factors that may contribute towards a lack of testamentary capacity.
What Is Testamentary Capacity?
Simply put, testamentary capacity is the mental capability of a person to write, or change, a will. In Illinois, the testator must be at least 18 years old, and of “sound mind and memory” in order to be considered capable of testamentary capacity.
Is Common Law Marriage in Illinois Legal?
If you are getting a divorce and have never been married – but have lived with your partner for many years, and may even have children together – you may have heard about “common law” marriages and wonder whether they exist in Illinois. The short answer is: No, Illinois does not allow common law marriages to take place in the state. However, Illinois does recognize common law marriage from other states. In this article, we will discuss what common law marriage is, and how common law marriages from other states are handled in an Illinois divorce.
What Is Common Law Marriage?
In states where common law marriages are legal, the state will generally treat a couple’s relationship as if it were a marriage if that is what the couple has done themselves. Couples must meet the state’s laws governing marriage, such as minimum age restrictions, and cannot be married to anyone else.
Couples must also present their relationship to the public as a married relationship. They can do this by wearing wedding rings, sharing bank accounts, and referring to each other as husband and wife.
What Is Undue Influence in Illinois? Part II
In our last post, we introduced and discussed the concept of undue influence in creating a will. It can be difficult to prove undue influence – even the Supreme Court of the United States has said that what constitutes undue influence depends on the individual circumstances of each case.
When someone believes their loved one may have been under undue influence when creating a will, one way to show the will is invalid is to prove that there was a formal legal relationship between the testator and the other party, called a fiduciary duty.
This can be a little confusing, so we will explore further.
What is a fiduciary duty?
Simply put, when someone has a fiduciary duty to someone else, the person with the duty (the “fiduciary”) is legally required to behave in a manner that will benefit the other person (the “beneficiary”). Usually, this means the fiduciary must help the beneficiary financially.
Four Tips for Choosing a Divorce Attorney in Illinois
Making the decision to get a divorce is difficult and complex and should never be made lightly. In addition to the impact on any children, you will need to consider the impact of a divorce on your property and finances. Divorce is never easy, but in order to make it smooth as possible, you should also ensure that your personal interests are understood, respected, and represented. Making the wrong choice of a divorce attorney can be costly in terms of time and money.
As you begin the process of choosing a divorce attorney, here are a few tips to help you find exactly the representation you want and need:
- Do plenty of research – There is more than one way to end your marriage, and the kind of divorce attorney you hire may change depending on the method you choose. If you want a cooperative, mediation-driven divorce, attorneys who focus on courtroom battles may not be the right choice. An attorney should not pressure you to do something you are not comfortable with. The attorneys at A. Traub & Associates have experience with different types of divorce in Illinois and will work with you to choose the path that is right for you.
What Is Undue Influence in Illinois? Part 1
Undue influence is the most common justification in Illinois when someone wants to contest the validity of a will. But what is undue influence? And if you suspect someone is trying to wield undue influence over your loved one during the creation of their will, what can you do about it? We will explore the concept of undue influence in a short series of blog posts, explaining what undue influence is and how it is treated under Illinois law.
Undue influence is when the person for whom the will is written (the testator) has their wishes wrongfully manipulated and overpowered by someone else. This obscures the true wishes of the testator and can cause tension and conflict in executing the will after the testator is deceased.
Family members who are concerned their loved one is being subject to undue influence may have worries triggered by unusual behavior, such as sudden estrangement or confusion on the part of the testator. They may witness a decline in the mental capacity of the testator, or notice they are accompanied by a companion who seems overly zealous in “helping” the testator or seems to be influencing their decision making.
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.
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