Recent Blog Posts
Careful Estate Planning Can Stop Family Fights Before They Start
It seems that at least a dozen times a year, we hear of families fighting over the distribution of assets of a deceased person’s estate. At first glance, it may seem silly to squabble over such matters, but many underestimate the emotional value that can be placed on a tangible item. Maybe it is that china set used for family holiday dinners that everyone is fighting over. Or, perhaps it is simply easier to focus on the argument than the grief of losing a loved one.
Unfortunately, asset and estate arguments can also damage family relationships. Feelings get hurt. Words are said that are not truly meant. Resentment can live on long after the assets have found their homes. And, a good share of the estate may have been lost while trying to resolve the matter in probate court. Thankfully, careful planning can prevent family arguments before they start, regardless of any underlying issues.
Wills and Trusts – How They Differ
Can Child Support Be Ordered for College Expenses in Illinois?
Laws throughout the United States, including in Illinois, require both of a child’s legal parents to contribute to child support to provide for basic needs until the child reaches the age of 18. However, many children benefit from the financial support of their parents even after they reach adulthood, especially if they want to pursue a college education. In general, parents are not legally required to provide support under these circumstances, but Illinois law does include a provision through which both parents may be ordered to contribute to their children’s college expenses after a divorce or separation.
When Is a Child Eligible for Support for College Expenses?
Parents are, of course, free to make their own arrangements to contribute to their children’s higher education under any circumstances. However, after a divorce or separation, it may be best for a parent to pursue a legally binding order that ensures that both parents contribute. In these cases, an Illinois court will only consider issuing an order if the following criteria are met:
Is a Video Will Legally Binding in Illinois?
Video wills are not a new concept. In fact, they have been around since the early 1980s—basically since video cameras became widely available to the general public. You may have even seen one featured in a show or movie, probably used for dramatic effect. Maybe the owner of the fortune cut someone out of the will at the last minute or made conditions through which an heir might receive their fortune. Are they really legally binding, though? More importantly, should you use one for your estate plan? The following explores this interesting and unique option, and provides some details on how to execute it properly, should you decide this is the right option for you.
Video Wills and Your Family
One of the biggest reasons that individuals decide to read their will on video is because they want to give their family one last memory. For some, it is a way to heal broken bonds. For others, it is a way to comfort from beyond the grave. Whatever your reason, ensure your intentions are pure. No matter how angry or irritated you might be with a member of your family, no matter how distant the two of you might have become, they will still likely grieve losing you. So be sensitive and kind. It will be their last memory of you.
How Long Will I Receive Spousal Support After My Illinois Divorce?
As you contemplate whether to get a divorce, one of your biggest concerns may be your ability to support yourself financially without your spouse’s income, especially if you are a stay-at-home parent or you are out of work for other reasons. In these cases, you may be able to make the case for spousal support as part of your divorce resolution. It is important to understand when spousal support, otherwise known as maintenance or alimony, is awarded and how long it may last so that you can plan accordingly.
When Is Spousal Maintenance Awarded?
If you and your spouse have a legally valid prenuptial or postnuptial agreement that provides for the amount and duration of spousal maintenance in the event of a divorce, you can likely expect the court to honor that agreement. However, in any other case, decisions regarding spousal support are settled at the time of your divorce. You will either need to negotiate for maintenance with your spouse or demonstrate to the court that you have a need for it. Some reasons the court may consider include:
Keeping the Holidays Enjoyable After Your Illinois Divorce
For many families, the winter holidays are a time for celebration. They can also be a time of heightened emotions, and those feelings are not always positive. Families who have recently gone through a divorce may still be coping with grief, sadness, even anger, and they may understandably find it hard to recapture the joy of past holiday seasons. However, this does not mean that this year’s holidays cannot be enjoyable in a different way.
Approaching the Holidays as a Divorced Parent
As a parent, there are a few things you can do to help make the holidays less sad or stressful and more enjoyable after your divorce. Here are some suggestions to consider:
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Coordinate with your former spouse. One of the biggest sources of holiday stress is conflict with your ex regarding how your children will spend the holidays. Communication and planning can help to reduce this stress. The division of holiday parenting time can be established in your parenting plan during the divorce and may include an arrangement in which you alternate holidays or share time on each of the important holidays. That said, it is a good idea to stay in touch with the other parent to coordinate details like transportation and gift-giving, or how you will handle the unique challenges of the 2020 holiday season related to the COVID-19 pandemic.
Estate Planning for Same-Sex Couples in Illinois
The 2015 landmark ruling by the U.S. Supreme Court in Obergefell v. Hodges was a game-changer of epic proportions. All couples—regardless of gender or sexual orientation—were given the right to marry in all 50 states. As such, they were afforded the very same rights as all married couples, including tax breaks and exemptions, ownership equality, and legal mechanisms that ensure survivorship and guardianship rights.
But, more than five years later, many couples are still facing legal challenges. Some are the same challenges experienced by all married couples. Others are completely unique to LGBTQ relationships. Regardless, couples should plan accordingly with an estate plan that reflects their needs and wishes in the event of an unexpected health complication or death.
Rights Under the Marriage Equality Law
Just like all other married couples, same-sex couples may file their taxes jointly, receive the same tax exemptions, have access to survivorship benefits under all pensions, insurance, and retirement benefits, give tax-free gifts to one another, and have spousal priority and identity in the event of their partner’s incapacitation or death. These provisions are guaranteed at both the state and federal levels and cannot, under any circumstances outside of divorce, be revoked by any government agency.
How Can Divorce Mediation Help With the Division of Assets?
Many divorcing couples try to avoid the time, cost, and stress of a trial by pursuing an uncontested divorce, in which they come to an agreement on many important decisions. However, this can be easier said than done, and in many cases, it helps to seek the assistance of a qualified divorce mediator. Mediation can be especially beneficial when attempting to resolve the often complicated matter of dividing marital assets, property, and debts.
What Is the Role of an Illinois Divorce Mediator?
Unlike a divorce attorney, whose role is to represent the interests of one of the parties, a mediator remains neutral and seeks to guide negotiations between spouses to allow both perspectives to be heard, minimize conflict, and identify opportunities for agreement on the way to a finalized resolution. While there is usually some financial cost for divorce mediation, it is often lower than the expenses that the two parties may face if the divorce goes to trial.
How Does Establishing Paternity Help to Secure a Father’s Rights?
In many cases involving unwed parents, establishing legal paternity is important to ensure that the child has the financial support of both parents, and that the mother can rely on assistance from the father by way of regular child support payments. However, establishing paternity can also be crucial for unmarried fathers who wish to be part of their children’s lives, in that it helps them secure important father’s rights.
Benefits of Establishing Paternity for Unmarried Fathers in Illinois
If you are an unmarried father, taking the steps to establish legal paternity can ensure that you have parental rights that may come into play in several different legal situations. One such situation is a potential adoption proceeding involving the child. If you have been legally recognized as the child’s father, the adoption of the child by another party will usually require your consent in addition to that of the child’s mother. By withholding your consent, you may be able to prevent an unwanted adoption and ensure that you remain your child’s legal father.
Why You Still Need an Estate Plan, Even if You Do Not Have Children
Those with children often create an estate plan because there is this sense of responsibility—a need to ensure their children are cared for in the event of a premature death. In contrast, individuals that do not have children tend to overlook the importance of an estate plan, either because they assume they have time and do not feel the same sense of responsibility, or because they simply do not believe that one is necessary. Whatever the reason behind it, failing to create an estate plan can have devastating results.
Where Will Your Assets Go?
When you are married or have children, it is fairly easy to determine where your assets will go. If you fail to create a will and have children or a spouse, they are typically the default heirs for anything you have left behind, even if the matter has to be resolved in probate court. But, where do those assets go if you have no heirs? If you have not named a charity or individual to receive your assets, most often, your hard-earned money will end up going to the government.
How to Keep Your Children Out of Your Divorce Conflict
Psychological research shows that when children are exposed to high levels of conflict between their parents, they may suffer from many long-lasting effects, including an increased risk of anxiety and depression. When you are in the midst of a divorce, it can be hard to shield your children from conflict entirely, but the more that you are able to do so, the better the position your children will be in to cope with the divorce and recover from the emotional trauma that it brings.
Protecting Your Kids from the Negative Effects of Conflict
The following suggestions can help you mitigate the effects of conflict on your children both during and after the divorce process:
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Avoid arguing with the other parent in front of them. Heated verbal, and especially physical, arguments with your spouse are never productive, and they can be especially damaging when your children are present. Consider alternative means of communication like phone or email if you cannot stay calm during face-to-face interactions and if you do need to blow off steam, do it when your kids are not around.
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