Posted on April 24, 2023 in Estate Planning

When a loved one passes away, it can be a difficult and emotional time for family members. In addition to grieving, family members may also have to deal with the deceased person’s estate. Unfortunately, in some cases, estates are not handled properly, which can lead to disputes and legal issues. If you are a beneficiary and believe that an estate is being improperly handled, seeking legal representation right away is crucial.

Considerations for Beneficiaries

Here is what you need to know about legal representation for a beneficiary in this situation:

• Seek legal counsel – If you are a beneficiary and believe an estate is being improperly handled, consider seeking legal counsel. An experienced estate litigation attorney can help you understand your rights and options under the law. However, it is essential not to wait to obtain legal counsel. The sooner you lawyer up, the better.

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 Posted on April 19, 2023 in Divorce

Divorce is challenging for everyone involved, but it can be especially difficult for teenage children. The teenage years are a formative time, and the turbulence of a divorce can make these critical years even more complicated than they already are. As a result, many parents with teenage children are concerned with how the divorce will affect them.

What to Keep in Mind

Here are some considerations for parents with teenage children getting a divorce, including:

• Keep communication channels open – Keeping lines of communication open with your teenage children during the divorce process is essential. Make sure they know that they can come to you with any questions or concerns, and be honest with them about the situation.

• Avoid bad-mouthing the other parent – Speaking poorly of your soon-to-be ex-spouse can be emotionally traumatizing for teenage children, as they may see your words as a reflection of them. This can create feelings of tremendous guilt and sadness. Avoid this at all costs.

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 Posted on April 17, 2023 in Divorce

Divorce is hard enough as it is, but it can become even more complicated if one spouse has a severe mental illness. There are many important things to consider as you begin the divorce process. If you are looking to divorce your spouse and are concerned with how their mental illness may play a role in proceedings, contact an experienced divorce attorney to ensure your rights are protected and you have access to the legal support you need.

Here is What to Keep in Mind

Keep in mind that in Illinois, mental illness is not a factor that can be considered when determining the grounds for divorce. Illinois is a "no-fault" state, which means that the grounds for divorce are irreconcilable differences. This can be a helpful factor in cases where mental illness is a factor, as it can help to remove any stigma or bias from the proceedings.

It is essential to be aware of the potential challenges that may arise during the divorce process. If your spouse has a severe mental illness, they may have difficulty understanding or participating in the divorce process. They may also struggle to make certain decisions, communicate effectively, or manage emotions. To complicate matters further, suffering from a mental illness may increase the likelihood that your spouse experiences financial difficulties, making the situation even more challenging. They may struggle to maintain employment, manage their money, or make financial decisions.

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 Posted on April 17, 2023 in Mediation

Divorce mediation is a process in which a third party assists divorcing couples in reaching a settlement agreement. Mediation is often a more cost-effective and less-adversarial way to resolve disputes during divorce. The alternative is the often highly unpleasant litigation process in court. If you are considering divorce mediation, it is essential to prepare for the process. Remember that while you prepare and throughout the actual process, it is wise to consult with a divorce attorney to ensure your rights remain protected and your best interests are advocated for.

Firstly, it is important to understand the mediation process. Mediation is a cooperative process where both parties work to reach a settlement agreement. The mediator is responsible for facilitating communication between the parties and helping them identify where they agree and disagree. The objective of mediation is to reach a mutually acceptable agreement that meets the needs of both parties.

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 Posted on April 14, 2023 in Child Custody

One of the most challenging aspects of divorce is the impact it can have on children. In some cases, one parent may try to turn the child against the other parent, which can cause emotional trauma and damage to the parent-child relationship. If you believe this is happening, it may be worth contacting an experienced family law attorney, who may have advice on how to navigate the situation best. In addition, a lawyer with experience has likely seen this situation before and may have insight on how to proceed.

Steps to Dealing with Parental Alienation

Here are some steps you should take if your spouse is attempting to sabotage the relationship between you and your child, including:

• Document the behavior – If you believe your spouse is trying to turn your child against you, it is essential to document the behavior. For example, record conversations or interactions with your spouse or child that suggest parental alienation occurs.

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 Posted on April 07, 2023 in Wills and Trusts

A contested will can throw a family into turmoil, causing emotional distress and threatening the intended distribution of assets. Understanding the basics of contested wills and the grounds for contesting a will can help you navigate this challenging and delicate situation. Those going through a contested will process must be made aware of the reasons for contesting a will and the legal process involved.

What is a Contested Will?

A contested will arises when someone disputes the validity of a will or its provisions. This often happens when a family member or other interested party believes the will does not reflect the testator’s (the person who made the will) wishes or that the will was executed improperly.

Grounds for Contesting a Will

There are several grounds for contesting a will, including:

• Lack of testamentary capacity – The testator must have the mental ability to understand the nature and extent of their assets, the beneficiaries, and the implications of their decisions when making a will. If the testator lacked this capacity, the will might be deemed invalid.

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 Posted on April 05, 2023 in Divorce

There is no denying that discussing divorce with your spouse can be a high-stress and often contentious conversation. Unfortunately, in some cases, this discussion can escalate into threats of violence. If you find yourself in this situation, it is crucial to prioritize your safety and take appropriate legal action. Today, we will outline several steps if your spouse threatens violence after you mention divorce. As you navigate this emotional time, an experienced family law attorney can be highly beneficial as you work to ensure your safety while ensuring your rights are protected and that you understand your legal options moving forward.

Step #1 – Ensure Your Immediate Safety

If you are in immediate danger or fear for your safety, call 911. Law enforcement officers are trained to handle domestic violence situations and can help protect you from harm.

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 Posted on March 30, 2023 in Divorce

Divorce can be a tumultuous time for any family since, at the core of a divorce, it is a permanent change in a family dynamic. Unfortunately, some parents may attempt to use their children as pawns during a divorce. One such tactic is parental alienation, where one parent tries to turn the children against the other parent. If you are a father going through a divorce and you suspect your wife is trying to alienate your children from you, it is essential to take proactive steps to protect your relationship with your children. Consult with a family law attorney to protect your rights as you move through this challenging time.

Tips on What You Should Do to Counteract Your Spouse’s Attempt at Parental Alienation

Here are some considerations for what to do including:

• Maintain open communication with your children – One of the most important things you can do to counteract parental alienation is to maintain open communication lines with your children. Stay involved in their lives, listen to their concerns, and address any negative information they may have heard about you. Reassure your children that you love them and will always be there for them, regardless of the divorce.

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 Posted on March 30, 2023 in Estate Planning

We hear all the time how, regardless of your age, estate planning is essential for the future. At the foundation of many estate plans is a will. As a result, it can be highly distressing to learn that an elderly loved one does not have a will and is refusing even to make one. Today, we will discuss what you should do if your loved one refuses to make a will and some tips to approach this delicate situation. Remember, to start the estate planning process, contact an attorney to guide you through the process to ensure everything is done correctly.

Tips for Approaching the Situation

Consider these tips when approaching the situation, such as:

• Understand their perspective – Before you can convince your loved one to create a will, it is essential to understand their perspective. For example, they may have fears or concerns about making a will, such as not wanting to face their mortality or not wanting to cause family conflict. By better understanding their perspective, you can address their concerns and find a way to move forward.

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 Posted on March 20, 2023 in Divorce

When one spouse has a substance abuse problem, it can complicate divorce in various ways. The spouse with the addiction may be less able to negotiate effectively, and their addiction may impact their ability to make sound decisions. Today, we will discuss what to remember as you approach the divorce process if you have a spouse with a substance abuse problem. Consider contacting an experienced divorce attorney to ensure your rights are protected and understand your legal options.

What to Do if the Spouse You Are Divorcing Has a Substance Abuse Problem

While all situations are different, here are some considerations as you move toward and through the divorce process, including:

• Get help for your spouse – If your spouse is willing, encourage them to seek help for their addiction. This could include therapy, rehab, or support groups. Addressing the addiction can help your spouse to be in a better position to negotiate and make decisions about the divorce.

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