Recent Blog Posts
How Can I Choose a Guardian for My Minor Children?
Out of all the younger people who are considering creating a will, parents are most likely to see the value and importance of this legal document. In addition to knowing where their assets will be going, they want the added security of knowing who will be caring for their children in the instance that they can no longer do so themselves. Of course, this is a very difficult decision to make. The following tips are designed to help you on your journey.
Know the Why Behind Your Will
Sometimes, even the best-intentioned parents can put off making arrangements in advance because they mistakenly assume that the person they want to care for their children will automatically step up and be given these rights. Unfortunately, this is simply not the case. When there is no will (or when a guardian is not named in it), anyone can step up for the job, including extended family members that you may not consider suitable. In the event that more than one person comes forward, the judge would consider a variety of factors and then decide who will be given the responsibilities.
Can I Legally Adopt an Adult in Illinois?
When you think of adoption, chances are that you envision a situation in which a child in need is welcomed into a home and family that will love and care for them. It is true that most adoptions involve a child under the age of 18, but in Illinois, it is also legal to adopt an adult under certain circumstances. This process may not only cement a family relationship that the adopter and adoptee already feel on an emotional level, it can also provide the adoptee with important benefits under Illinois law.
When Can an Adult Be Adopted?
According to Illinois law, a person over the age of 18 can be adopted by someone who is related to him or her, such as a step-parent, grandparent, aunt or uncle, cousin, or sibling, or by someone with whom the person has lived for at least two consecutive years. If you wish to adopt an adult and you meet one or both of these criteria, you can file a petition with the local county court to do so at any time. Unlike with the adoption of a child, you will usually not be required to undergo a home investigation, nor will you need to obtain the consent of the adoptee’s current legal parents. Rather, you will only need to be sure that the adoptee himself or herself consents to being adopted.
Estate Planning for Divorce and Remarriage
In life, there are few absolute truths; the fact that things change is one of them. When such change includes divorce or remarriage, other aspects of your life—including your estate plan—must be adjusted to accommodate. Failure to do so can result in negative consequences, particularly for those who stand to inherit. So, if you are planning a major life change, it is important to know how you can address it accordingly in your Illinois estate plan.
Estate Planning After a Divorce
After a divorce, all of your financial documents must be reviewed and updated as needed. This, of course, includes all aspects of your estate plan, including your health or financial powers of attorney, beneficiaries, life insurance policies, and retirement accounts. Keep in mind, however, that these changes should be done according to the agreement made during your divorce. In some instances, the judge may rule that your ex-spouse remains a beneficiary on certain policies or accounts—possibly as security for maintenance or child support payments. Clarify these agreements whenever possible, and always request written confirmation from insurance companies or life insurance companies to ensure they have received your change requests.
When Can Child Custody Be Challenged in Illinois?
In most cases in which a child has two known, living parents, Illinois courts will determine that it is in the child’s best interest for both parents to share custody. In fact, in 2016, the state of Illinois changed the laws and language surrounding child custody so that the term “custody” is no longer officially used. Instead, these decisions are now referred to as the allocation of parental responsibilities and parenting time, out of recognition of the benefits of a cooperative arrangement. However, there are still situations in which a parent or another party acting on the child’s behalf can legally challenge the other parent’s rights to parenting time and parental responsibilities.
When Can a Parent Be Denied Parenting Time or Responsibilities?
First and foremost, an Illinois court will seek to establish a parenting agreement that serves the child’s best interests. It may be considered in the child’s best interests to restrict or deny one or both parents’ rights to parenting time and decision-making responsibilities if the parent:
Estate Planning Concerns in the Digital Age
Every day, our world becomes increasingly reliant on digital technology. In many ways, it has made life easier to manage. We can transfer money from savings to our checking accounts through our phones. We can deposit checks with the simple click of a button. We can change our investments in the blink of an eye. But, there are some blind spots when it comes to technology and the way we use it, especially when it comes to estate planning.
Overlooked Assets
One of the biggest issues with the digital era is that there are so many accounts in so many places, from social networks to music and video libraries, and even smartphone-accessible investment accounts. Sometimes, those planning to pass on their assets forget to list some of their accounts. In other instances, they simply did not understand the importance of their account. Alternatively, they may acquire the account after creating their estate plan and forget to update their plan to add it. Regardless of the reason, the end result of a forgotten account is the same: money that should have gone to one’s heirs is left on the table.
Tips for Maintaining a Relationship With Your Children After Divorce
A divorce can not only change the lives of you and your spouse, it can affect your whole family dynamic. Your children will have to adjust to living in two different households, and the nature of your relationship with them may change, especially if you will not be spending as much time with them as you used to. However, your relationship does not have to deteriorate, especially if you continue to make an effort to foster love, trust, communication, and quality time with your children. Working with your co-parent can also help your children feel more at ease during this major life transition.
How to Keep a Close Bond With Your Children
As you and your children acclimate to life after your divorce, here are some things to keep in mind that can help you maintain a strong relationship:
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Listen to their concerns: It is understandable that your children may be upset with you after your divorce, or that they may be reluctant to talk to you about their concerns. However, you should make it clear that you are available to talk whenever they are ready, and when they do start to open up, make an effort to give them your full attention.
Why Is DIY Estate Planning Dangerous?
There is nothing wrong with a little do-it-yourself (DIY) work. In fact, there are few things that are quite as satisfying as a job that you have done well. However, there are times when a particular job is best left to the professionals. You would not try to completely rewire your house if you had no experience in electrical work. Similarly, estate planning should be done with the help of someone with working knowledge and experience in the industry. Granted, an estate plan gone wrong may not pose the same physical threat as an electrical DIY project, but there are still dangers that can and should be avoided.
The Importance of a Clear and Valid Estate Plan
When it comes to mistakes in estate planning, the future of your loved ones may be placed at risk. Efforts to save money in the short-term—such as using commercially available kits or DIY programs to create your estate plan—could end up costing your heirs more down the road. Unclear or improperly executed estate plans can take months, if not years, to hash out in probate court. All the while, your estate dwindles as a result of attorneys’ fees, taxes, court costs, and other administrative expenses. In some cases, this could take a sizable chunk out of your estate, which means you will be leaving behind a lot less than you had intended.
How Can My Illinois Divorce Affect My Toddler?
Divorce may be difficult for children of any age, but it can be especially confusing for toddlers who cannot fully understand their parents’ separation and the reasons for the change in their routine. If you decide to get a divorce while your children are still very young, you should be aware of the effects it may have on them and do everything you can to make the transition easier for them and continue providing them with a happy and healthy life.
Effects of Divorce on Young Children
Due to the stresses placed on your toddler both during and after your divorce, you may see some concerning changes in his or her behavior, including:
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More frequent crying
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Aggressive or defiant behavior
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Confusion
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Increased dependence
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Separation anxiety
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Trouble sleeping
When Should I Contest a Loved One’s Will?
You do not have to be materialistic to become sentimental about a loved one’s possessions or to feel slighted by the contents of his or her will or estate plan. In fact, even the most down-to-earth people may feel a sense of injustice when a will or trust appears to have been altered, coerced, or otherwise manipulated. The good news is that if you have the right information and the right resources, you may be able to contest the will and put things right again.
Grounds for Contesting a Will
While any “interested party” may contest a will (siblings, children, spouses, etc.), the contesting party must have valid grounds for doing so. In other words, you cannot simply challenge a will because you feel like it was unfair, insulting, or mean-spirited. You can, however, contest a will if you believe one of the following is true:
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The will was not executed in accordance with all applicable laws.
Can I Create an Estate Plan if My Spouse Will Not Help?
When a married person decides to develop an estate plan, the person’s spouse will almost always be involved in the process. But, what happens if you are ready to start making a plan for the future and your spouse is not? You know your spouse better than just about anyone else does, so you probably realize that nagging him or her about it will probably not work. Begging or threatening is not likely to be successful either. There are, however, some things you can do to start the estate planning process despite your spouse’s reluctance. In doing so, you might just be able to convince your spouse that there is no time like the present to plan for what lies ahead.
Start On Your Own
Obviously, it would be best for everyone involved if your spouse decided to get on board before you start your estate plan, but if he or she continues to refuse, you should look for the things that you can do by yourself. For example, you can draft a will that addresses the assets that you own and specifies what will happen to them upon your death. If your solely owned assets are substantial, you might consider working with an attorney to create various types of trusts as well. Additionally, you can appoint a power of attorney for health care or property without your spouse’s input.
At this stage, you should also compile a list of your joint accounts and investments. If you outlive your spouse, there is a good chance that you will be responsible for these assets—especially if your partner never makes an estate plan. This will also be helpful to your heirs and loved ones if you and your spouse were to both die within a short period of time.
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