Recent Blog Posts
Mitigating the Risk of Heart Disease or Stroke Linked to Divorce
When it comes to health complications, divorcees have the odds stacked against them. In fact, studies have linked divorce to everything from weight gain and depression to an increased risk of experiencing a heart attack. Granted, an increased risk does not mean you will experience a stroke, nor does it mean you should avoid divorce if it truly feels like the right path for your life. However, it does suggest that divorcees should know how to protect their health and mitigate against the risks.
Examining the Possible Link
Nearly anyone who has endured divorce can tell you it is an emotionally, mentally, and sometimes even physically trying experience. Thankfully, the stress usually diminishes over time, but the damage could already be done by the time things calm down. In fact, experts now believe that stress may be the driving factor behind all links to potential heart conditions. It certainly makes sense when you consider what stress does to the body.
Co-Parenting Challenges for Healthcare Workers During COVID-19
The divorce process often involves challenging questions regarding how parents will fairly allocate parenting time and decision-making responsibility regarding important issues related to their children’s health and education. Sometimes, these issues must be resolved through trial litigation, while in other cases they can be settled out of court by parents who are committed to working together for the sake of their children. However, even the most cooperative and committed parents have been tested by the COVID-19 pandemic, and divorced parents who are healthcare workers face unique challenges when it comes to co-parenting and acting in the best interests of their children.
Co-Parenting Issues in a Health Crisis
If you or your former spouse works in healthcare, you have likely faced many of the following challenges in your attempts to co-parent effectively in the past year:
What Happens During the Illinois Probate Process?
When an Illinois resident dies, his or her estate will often need to go through the process of probate. In Illinois, probate is required to validate and administer the decedent’s will, or to determine that the decedent did not have a valid will in place. Depending on the circumstances, probate can be a long and daunting process, and it may be a source of stress when there are arguments about the estate, but understanding the process can go a long way in helping you through it.
The Role of the Executor or Estate Administrator
During the probate process, an estate executor or administrator manages the assets and debts of the deceased. If there is a valid will, it will usually name the person who will serve as executor. In the absence of a will, the court will appoint an administrator, which will often be the closest surviving family member. Named executors can decline their duties if they are unwilling or unable to fulfill them.
4 Common Estate Planning Mistakes in Illinois
Estate planning can be simple, but most often, it is a bit more complex than most people realize. Regardless of your situation, the best way to ensure your wishes are known and followed after your death is to have the proper documents in place by creating a will and appropriate trusts with the help of a skilled estate planning attorney. It also helps to know some of the most common mistakes made by those creating estate plans, including:
Failing to Plan at All
The statistics are alarming: more than half of all Americans do not have an existing will. Unfortunately, if you die without an estate plan, your assets will be divided according to the intestate succession laws of Illinois. Not only is it highly unlikely that this will happen according to your wishes, but the process of probate can end up chipping away at—and potentially decimating—the assets you have left behind.
What if a Guardian ad Litem Is Assigned to My Child Custody Case?
Many of the most important issues that must be resolved during the divorce process are related to the couple’s children, including parenting time, parental responsibilities, and child support. Often, divorcing parents place their children’s best interests as a high priority, and they may even be willing to work together to agree on a parenting plan without the court’s intervention. However, sometimes child-related issues in a divorce can be much more contentious, and the court may enlist the services of a guardian ad litem (GAL) to ensure that all decisions made are in the best interests of the children. If the court has assigned a guardian ad litem in your divorce, it is important for you to know what to expect.
What Does a Guardian ad Litem Do in Illinois?
How to Make the Most of Your Parenting Time After Divorce in Illinois
After your Illinois divorce, you will most likely be spending less time with your children than you are used to, even if you have been granted the larger share of parenting time. Parents whose time is limited to weekends and the occasional weeknight or special occasion may find the aftermath of a divorce to be especially hard. With these limitations on time with your children, it is even more important to make the most of the time that you do have.
Tips for Quality Parenting Time
As you work to make sure that your parenting time is meaningful and to protect your relationship with your children, here are some suggestions that can help:
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Think carefully about your parenting time schedule. One of the best ways to make the most of your parenting time is to ensure that during the time you have, you are able to focus on your children. This starts with considering your schedule and that of your children and working toward a parenting plan in which you are mostly free from work and other obligations during your scheduled parenting time. You may be able to negotiate the schedule with your spouse or make your case in court for a schedule that preserves your relationship with your children.
How Using a Living Trust to Protect Assets Can Benefit You
Many people associate estate planning with death, and as a result, they often miss out on a truly valuable instrument of asset protection and financial management during their lifetime. A great place to begin learning about and utilizing estate planning is what is known as a “living trust.” This estate planning resource can allow you greater control over the transfer of your assets to your loved ones when the time is right through a mechanism that bypasses the time and expense of probate. To begin benefitting from estate planning, whether through a living trust, a will, or other tools, work with an experienced Illinois estate planning attorney.
Functions of a Living Trust
Unlike a will or a testamentary trust, which become effective only upon your death, a living trust can become effective while you are living. For many, a primary reason to create a living trust is to protect assets from the probate process. This form of lawful asset protection is accomplished when legal ownership of the assets is transferred from you—the “grantor”—to the trust under the control of a “trustee.” The trustee holds the assets in trust for those you who have selected to benefit from them—the “beneficiaries”.
3 Things to Consider Before Getting Remarried in Illinois
Finding a new romantic partner and planning a future together is an important step for many people after the stresses of a divorce, and it has the potential to enrich your life in many ways. However, a remarriage is usually not as simple as a first marriage, and there are important matters that you will need to consider before making the decision to move forward. Your remarriage will not only affect your life, but also the lives of your children and even your ex-spouse.
Important Considerations for a Remarriage
The choice to remarry after divorce is personal, and you and your new partner will certainly have your own considerations that factor into your decision. That said, the following three issues are likely to arise in many remarriages, so it is wise to keep them in mind.
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The effects on spousal maintenance. In Illinois, spousal maintenance payments terminate if the receiving party gets remarried or starts living with a new partner. If you have been receiving spousal support, you should prepare for the effects on your finances when those payments are no longer available. If you are the paying party, however, you should be aware that you may still be expected to pay spousal support even after remarrying.
How Can I Contest a Will in Illinois?
It can be traumatic when the loss of a loved one is coupled with shock and surprise over a will that transfers the estate’s assets in a way that appears inconsistent with the intentions of the deceased testator. If you are dealing with such a scenario in the wake of the loss of your parent, spouse, child, or another close relative, you may have the option to formally contest the validity of the will in question. In doing so, you should work closely with an experienced Illinois wills and trusts attorney.
A Will Must Comply With Applicable State Laws to be Valid
Wills and trusts are serious business. As such, a will must comply with all formalities imposed by state law in order to be regarded as valid. For example, Illinois law requires that a will must be signed by the person whose estate it concerns, who is known as the “testator”. In addition, the testator’s signing of the will must occur in the presence and hearing of two valid witnesses. In most cases, in order to be a valid witness of a will, a person must not be a beneficiary of the will. If you have reason to believe that the will was not created in accordance with these requirements, you may have grounds to contest it.
Complete Estate Planning: Additional Tools You May Wish to Use
A last will and testament can serve as the backbone to any estate plan. It can be used to determine who will become the executor of your estate, who will inherit what, and who will assume guardianship of your children or your pets. But, there are some things that a will cannot do. In some cases, the limitations are set by state laws or federal regulations. However, there are also situations in which additional documents can be used to ensure your final wishes are carried out.
When Incapacitation Precedes Death
Wills are meant to cover what happens after your death, but not all accidents, illnesses, or chronic health conditions lead to immediate death. When incapacitation occurs, whether it is short-term or long-term, physicians will follow standard protocols. If you have wishes that deviate from that standard of care, additional estate planning documents are needed. Examples include:
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