Posted on September 28,2020 in Children of Divorce

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:

• More frequent crying

• Aggressive or defiant behavior

• Confusion

• Increased dependence

• Separation anxiety

• Trouble sleeping

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 Posted on September 24,2020 in Estate Planning Blog

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:

• The will was not executed in accordance with all applicable laws.

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 Posted on September 24,2020 in Estate Planning

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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 Posted on September 23,2020 in Prenuptial Agreement

Before your marriage, you and your partner may have given significant time and consideration to the creation of a prenuptial agreement that clarifies each of your interests in and control over marital and non-marital properties. A thoughtful prenuptial agreement can be useful not only to smooth the process of a possible divorce but also to reduce uncertainty and increase comfort throughout your marriage. However, you may find in the years following your marriage that your original prenuptial agreement is insufficient or no longer relevant to your current situation. In this case, you may want to consider legally amending it.

Reasons to Amend Your Prenuptial Agreement in Illinois

As long as you and your spouse agree on the need to amend your prenuptial agreement, you can do so at any time. It is often a good idea to revisit your prenuptial agreement whenever there has been a significant change in your financial or family circumstances, such as:

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 Posted on September 17,2020 in Estate Planning Blog

Many people assume that estate planning is for the rich or for those nearing the end of their life. Is this really true, though? Does everyone need to create an estate plan, or is it just for certain people? Is there a correct time to start? Or are these just common misconceptions that get in the way of planning for the future? At our firm, we are here to help you better understand the purpose, intent, and timing of estate planning, and why you should consider creating one, regardless of your income level.

Not Just for the Rich

Despite the misconception surrounding estate planning, the process is not just for those that have a lot of money, property, or assets to leave behind. In fact, even those with relatively few assets can benefit from estate planning. There may be family heirlooms or sentimental items that your children or other heirs want. You may have final expenses, and you will almost certainly need someone you trust to close out your bank accounts, social media accounts, or other personal accounts. Additionally, if you have young children, it is important that you name a guardian for them to ensure they are raised by someone you trust.

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 Posted on September 16,2020 in Adoption

When a child’s biological parents are unable or unwilling to care for him or her, it is important to make other arrangements to provide for the child’s basic needs and well-being. In some cases, it is necessary for the Illinois Department of Children and Family Services (DCFS) to become a child’s legal guardian, at least for a time. However, most children benefit from a more permanent arrangement in a home with parents or guardians who love and care for them. Depending on the situation, this can be accomplished through adoption or guardianship, and there are some important differences between the two that you should understand if you are looking to become a child’s legal guardian.

Adoption Versus Guardianship in Illinois

Guardianship and adoption arrangements can both be made directly with the child’s biological parents or through DCFS. In both adoptions and guardianships, the parent or guardian assumes the responsibility to care for the child and provide for basic needs, and may assume the right to make important decisions on the child’s behalf, including education, medical treatment, and use of assets, provided that these decisions are in the child’s best interest. However, adoption and guardianship are different in a few key ways.

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 Posted on September 10,2020 in Estate Planning Blog

There is no question that every American adult should put some kind of estate plan in place to protect themselves in the event of the unexpected. Even a basic will could offer a level of direction and security for surviving family members and loved ones if a tragedy were to occur. Unfortunately, over half of all adults in the United States do not have any type of estate plan, including a simple will.

Many possible reasons exist as to why a person might not have an estate plan, but procrastination is certainly among the most common. Nearly everyone realizes that having an estate plan is probably better than not having one, but relatively few make estate planning a priority. Sadly, those who drag their feet often become the unknowing targets of scams run by individuals and entities looking to profit from the uncertainty and fears of those who are simply seeking the peace of mind that comes with having an estate plan.

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 Posted on September 08,2020 in Division of Property

The decision to get a divorce affects your entire family, especially any children that you and your spouse share. Throughout the divorce process, you will need to resolve important issues related to your children, including child support, parenting time, and the allocation of parental responsibilities. However, your children may factor into other important decisions as well, such as the division of marital assets. As you decide on the properties that will remain with each spouse, you should consider how certain properties may help you be a better parent and help your kids adjust to the changes that divorce brings.

Marital Properties That May Affect Your Children

In general, a fair distribution of assets is important so that both parents can continue to financially provide for their children as best as possible. However, certain tangible or physical properties may be especially important to maintaining a sense of normalcy for your kids. Some of those properties include:

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 Posted on August 31,2020 in Children of Divorce

For children of divorce, the coping process often continues long after the divorce is finalized. Their parents’ separation is a major, usually permanent change in their lives, and it is only natural that they may struggle in the months and years that follow. One area that often suffers is the children’s educational goals and performance, but parents can help by showing support and understanding. The following are a few examples of how co-parents can encourage their kids to keep up with their schooling after divorce.

Tips for Helping Your Children With School

A new school year is just beginning, and whether your divorce is recent or a few years in the past, this is likely to be a challenging time for your children. Here are some ways you can help:

• Understand that your children may struggle. After a divorce, a drop in a child’s academic performance is common, as he or she may struggle to stay motivated or focused on schoolwork. Try to avoid putting too much pressure on your kids or getting upset about lower grades, and instead make an effort to ask your children what kind of support they need to succeed.

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 Posted on August 27,2020 in Estate Planning Blog

Trust and estate litigation is a unique area of law, and it usually requires the services of an experienced estate planning attorney. This is because trust and estate litigation does not conform to the model of a typical lawsuit. The issues involved are generally motivated not by the specifics of a trust and how it is set up, but by the emotional content of the family baggage and conflict behind the dispute.

Danger Ahead: Unresolved Family Issues in a Court of Law

The most unique aspect applicable to many cases dealing with trust and estate law is that the clients are usually contending with a situation that is occurring in the context of an unfortunate family tragedy—that is, the death of a loved one. This adds a different dynamic to the needs of the client and how they will be best served by legal representation.

Among the initial concerns in a will or trust dispute are, in many cases, unresolved family dynamics. These unresolved issues (often years or decades in the making) must be addressed under very difficult circumstances, such as when somebody has recently passed away, and in the challenging forum of the courts. The attorney you retain to represent your interests needs to be sensitive to the family issues and be capable of resolving them in such a way that maintains family unity and prevents it from becoming fractured by bitter litigation.

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