Posted on August 17, 2025 in Powers of Attorney

A power of attorney is a legal document that everyone should include in their estate plan. It lets you choose a person you trust to make important financial, health, or property decisions on your behalf if you cannot. Because of the authority these documents provide, even small errors can create significant legal or personal problems. Working with an experienced DuPage County, IL estate planning attorney helps ensure your documents are valid and reflect your intentions.

Choosing the Wrong Agent for a Power of Attorney in Illinois

One of the most serious mistakes you can make when drafting a power of attorney document is naming the wrong person as your agent. Section 2-4 of the Illinois Power of Attorney Act clarifies that an agent must act in good faith, use due care, and follow your instructions. However, if you appoint someone careless or financially irresponsible, the law alone may not protect you from their poor decisions. For example, if an agent ignores your wishes about medical treatment or mishandles money, the consequences can be difficult to undo. Selecting a responsible and trustworthy person is the most important step you can take.

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 Posted on August 17, 2025 in Child Custody

When parents face disagreements about child custody, known in Illinois as parental responsibilities,  the court may require them to participate in mediation before moving forward with a trial. Mediation provides a less stressful way to address conflicts, focusing on solutions that support the child’s best interests.

With preparation, mediation can help avoid costly litigation and encourage cooperation between parents. Working with an experienced Arlington Heights, IL child custody attorney ensures that you enter mediation with the right strategy, documents, and goals.

Documents You Need for Child Custody Mediation in Illinois

Before attending mediation, you should gather documents that demonstrate your ability to meet your child’s needs. Some of the most important records include:

• Financial records: Documents, such as pay stubs, tax returns, and proof of monthly expenses, are critical since Illinois child support is calculated using the Income Shares Model under 750 ILCS 5/505.

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 Posted on August 11, 2025 in Child Custody

In Illinois, when parents are unable to agree on decisions regarding their children, the court may appoint a parenting coordinator to help resolve conflicts. A parenting coordinator is a neutral professional who helps parents navigate difficult issues related to parental responsibilities, also known as custody and visitation, and other parenting decisions. The main goal of a parenting coordinator is to reduce the negative effects of high-conflict situations and prioritize the well-being of the child.

Parenting coordinators can be lawyers, therapists, or other experts in family law who work with families in conflict. They can often stop problems from getting worse and help parents work together better. If you need assistance to work through co-parenting issues, a Lombard, IL parenting coordinator attorney can help.

The Role of a Parenting Coordinator in Illinois Family Court

In family court, parenting coordinators have a range of responsibilities, including:

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 Posted on August 06, 2025 in Divorce

Dividing property is arguably the most contentious step in a divorce. Each state has laws governing property division, and inheritance is a significant consideration for many couples. If and how it is divided depends on your circumstances. For help with your specific case, speak with an experienced Arlington Heights, IL property division attorney.

How Is Property Divided in an Illinois Divorce?

Illinois follows the rule of equitable distribution. This means that shared property is divided based on what is fair rather than an equal split. The court looks at several factors when dividing assets, such as what you each make in income and what your individual needs are.

Under 750 ILCS 5/503, marital property includes most things either spouse acquires during the marriage. This includes income, homes, vehicles, retirement accounts, and even debts. However, some types of property, such as inheritance or gifts received by one spouse, may be excluded from the marital estate if certain conditions are met.

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 Posted on July 31, 2025 in Wills and Trusts

When planning for the future, many people think a standard will is enough. However, a strong estate plan in Illinois often includes both a last will and a living will. These two documents serve different but equally important purposes. Having both can give you and your family peace of mind. Speak with a Wheaton, IL estate planning attorney to ensure your documents are valid and complete.

How Is a Living Will Different From a Last Will and Testament?

A last will becomes effective after you pass away. It lets you name an executor, choose guardians for minor children, and decide who inherits your property. Without a will, your estate will be divided based on Illinois's intestacy laws, which may not reflect your wishes.

A living will, on the other hand, has nothing to do with property. It is a legal document used while you are still alive in case you become seriously ill or injured and can no longer communicate or make decisions for yourself. It typically addresses end-of-life care, such as whether you want life-sustaining treatments like ventilators, feeding tubes, or resuscitation. This can ease a significant burden on your loved ones, who would otherwise have to make those decisions for you during a stressful time, hoping they know what you would have wanted.

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 Posted on July 28, 2025 in Child Custody

In Illinois, orders of protection can significantly affect child custody, especially when safety is a concern. When requesting an order, you need to know how they interact with parenting plans and court decisions. If you are in the middle of a custody dispute and an order of protection has been filed, an Arlington Heights, IL order of protection attorney can help you understand how the order may affect your case.

Orders of Protection and Emergency Changes to Parental Responsibilities in Illinois

An order of protection is issued by a court to prevent abuse, harassment, or threats. If the alleged conduct involves a child or occurs in front of a child, the court may decide that the accused parent should not have parenting time or decision-making abilities while the order is in place. Under 750 ILCS 60/214, an Illinois judge has the power to include temporary child custody provisions in an order of protection if the judge believes doing so is in the child’s best interests. This can include giving you temporary sole decision-making authority or suspending parenting time altogether. These changes are meant to be short-term but can influence longer decisions regarding parental responsibilities later.

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 Posted on July 24, 2025 in Family Law

When couples in Illinois consider formalizing their relationship, they typically choose to marry. However, there is another option. Both a civil union and a marriage offer legal recognition, but the differences can affect everything from benefits to out-of-state rights. Understanding the differences is key when deciding how to move forward with your relationship. For guidance specific to your situation, speak with a DuPage County, IL family law attorney.

What Is a Civil Union in Illinois?

A civil union is a legal relationship available to both same-sex and opposite-sex couples in Illinois. Civil unions became available in 2011 through the Illinois Religious Freedom Protection and Civil Union Act, under 750 ILCS 75. This law gives couples in a civil union most of the same legal responsibilities, protections, and benefits as those who are married, at least under Illinois law. Couples in a civil union have rights related to inheritance, medical decisions, property ownership, and other matters. However, these rights generally stop at the state level.

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 Posted on July 18, 2025 in Estate Planning

When drafting an estate plan, you can incorporate documents to protect your loved one with a disability. A special needs trust can be used to help them have financial security without compromising their benefits. Consider the purpose and benefits of these trusts and then speak with an experienced Wheaton, IL estate planning attorney about how to incorporate one in your estate plan.

What Is a Special Needs Trust?

A special needs trust is a legal arrangement that allows you to hold and manage money or property for the benefit of a person with a disability. This person is known as the beneficiary. The funds in the trust can pay for things that improve the beneficiary’s quality of life, such as special medical treatments, therapy, education, travel, or recreation. Often, a special needs trust will address needs or wants that government benefits do not typically cover.

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 Posted on July 18, 2025 in Child Custody

Many parents rely on a court order to dictate the terms of their parental responsibilities agreement, which includes parenting time. If you have questions about how the court may view your case, an Arlington Heights, IL parental responsibilities lawyer can explain the laws and protect your rights. In Illinois, parenting time decisions are based on what is best for the child. Judges look at many factors to ensure the child’s interests are prioritized in the final custody decision.

What Does "Best Interests of the Child" Mean?

Part VI of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) addresses the "best interests of the child" in Section 602.7. It is defined as the main standard courts use when deciding parenting time, also known as visitation, and other custody issues. It means the judges focus on what will help the child grow up safe, healthy, and emotionally stable.

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 Posted on July 18, 2025 in Divorce

The family home can be a contentious part of dividing property during an Illinois divorce. For many couples, the emotional attachment can cause stress and disputes. The first step is to determine whether the home is marital or separate property. An experienced Schaumburg, IL divorce lawyer can help you navigate property division and fight for the best possible outcome for your family home.

Is the Family Home Ever Considered Separate Property in Illinois?

Illinois law under 750 ILCS 5/503 defines marital property as anything purchased during the marriage, regardless of whose name is on the deed. Non-marital property is acquired before the marriage or is classified as a gift or inheritance. However, if non-marital property is commingled, meaning it is mixed with marital funds or jointly titled, it can lose its separate character and become marital property.

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