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What to Know About Contested Documents in Illinois Estate Plans
The immediate aftermath of a loved one’s death is often a time of great sorrow. If there is any contentiousness regarding your loved one’s estate, this time of great sadness can become even more challenging to deal with as you try to sort out your deceased loved one’s assets and property. Unfortunately, contesting estate planning documents can occur for various reasons. Whether you are looking to contest a document or are an executor looking to protect an estate, hiring an experienced estate planning attorney may be necessary to ensure procedures are followed lawfully and that a resolution can be achieved in your favor.
Why Would an Estate Planning Document be Challenged?
In most cases, an estate planning document is usually challenged because there is doubt among the contesting party that the deceased person’s decision-making at the time the document was made was in some way corrupted, either by an outside party meddling or by the deceased individuals’ cognitive abilities at the time the documents were created. If you have reason to believe your loved one was not of sound mind or was unduly influenced when creating documents for their estate plan, an experienced estate planning attorney may be able to assist you in resolving the situation.
Considerations Before You Go Abroad with Your Child
There is little doubt that for many people, traveling is one of the great joys of life. For people who have gone through a divorce, have a minor child, and wish to travel with their child, they too may have an interest in traveling. However, there are important considerations to keep in mind if you are divorced and would like to bring your child on a trip abroad. This blog will look at what someone should consider thinking about before they leave the country with their child.
Step #1: Obtain a Passport for Your Child
It is important to note that any child under 16 years of age needs to have both of their parents’ authorization to obtain a passport. In some cases, it may be required for both parents to be present when the child gets their passport. However, getting a signed permission form may also be possible if one of the parents being there in person is not possible. In cases where only one parent has parental rights or the other parent has had their parental rights terminated, the parent with full custody of the child must show proof that no other parent is required to grant consent for the child to obtain a passport. Notably, a child’s passport is only valid for five years. If your child already has a passport, make sure to check when it expires, as many countries will not allow entry to a traveler with an expired passport.
What to Know About Guardian ad Litems in Illinois
When parents are pursuing a divorce, the most contentious issues that must be resolved are often related to issues regarding child custody. It is common for divorcing parents to disagree with each other on matters relating to their child. Which parent will be responsible for specific parental responsibilities, where will the child's primary residence be, and transportation arrangements are common questions many parents getting divorced need to answer. As all these questions swirl around, it is easy for parents to get caught up and forget the most important thing: what is best for their child?
Suppose parents find it difficult or even impossible to agree on matters relating to their child. In that case, the court may find it necessary to appoint a legal representative to advocate for the child, also known as a guardian ad litem (GAL). For the purpose of this blog, we will delve deeper into what a GAL is and its purpose in family law cases. If you and your spouse are getting a divorce and are finding it difficult or impossible to come to agreements on child-related matters, contact an attorney who will work tirelessly to resolve any outstanding issues and will serve as an advocate for you and your child throughout the child custody process.
Understanding the Reliability of Paternity Testing
While the majority of fathers are more than willing to be loving members of their child’s life, unfortunately, not all fathers feel the same way. Moreover, not everyone alleged to be a father is actually the father. As a result, it is not uncommon for paternity to be an extremely contentious issue, particularly when the alleged parents are not in a relationship with each other. As a result, paternity issues frequently become urgent privacy matters. In addition, both men and women may fear the impact and consequence of having the incorrect man regarded as a child’s father.
Thanks to DNA testing, mistakes are relatively uncommon when establishing paternity. More and more children are receiving the resources and care they need because paternity is much easier to prove now than it was years ago. If you are interested in establishing the paternity of your child or are looking to avoid being incorrectly labeled as the father of a child, contact an experienced lawyer who understands Illinois paternity law and can represent you throughout the process.
What to Know About the Benefits of a Trust Over a Will
In recent years, trusts have exploded in popularity and have, for many families, become the main form of testamentary estate planning. A common misconception regarding trusts is that for a trust to work for you, you must be a wealthy individual. However, this is not true. Compared to a will, a trust can do practically everything a will can do. That being said, a trust allows for increased discretion and more control over gradual distribution.
In all, there are many benefits that trusts offer that wills do not. Unless you have underage children, you may not need to establish a will if you decide to develop a trust. There are lots of different kinds of trusts that offer particular advantages and disadvantages. To learn more about trusts and what estate planning options may be best for you, contact an estate planning attorney to learn more about your options.
Advantages of a Trust Over a Will
As stated previously, there are many advantages of trusts. These advantages include the following:
What is Mediation, and What Are the Benefits?
Getting a divorce can be an excruciating process for all parties involved. The process can be long, expensive, and emotionally traumatizing; so much can be at stake, and placing matters in the hands of a judge, you may fear that your wishes will not be satisfied. Fortunately, there is another way to go about the process called mediation.
In essence, mediation gives a divorcing party a way to have more control over the outcome of their particular case. For example, suppose you and your spouse are seeking a divorce. In that case, experienced divorce attorneys familiar with the mediation process may help you and your ex-spouse effectively address the issues on the table and make decisions that both parties can agree on.
The Process of Mediation
According to Forbes, most Illinois divorces resolve without ever having to result in a trial. Avoiding trial often means multiple rounds of mediation and negotiation behind the scenes. Contingent on the circumstances of the case, mediation can be court-ordered, which is when a judge appoints a mediator. In other situations, divorcing parties may agree to resolve their legal issues with the assistance of a mediator. During the mediation process, the parties will convene with a neutral mediator who will then help the parties identify issues that must be addressed. The mediator does not make any decisions. Instead, they assist the parties in working together to reach compromises that all can be satisfied with.
What to Know About Civil Unions in DuPage County
Many states, including Illinois, have come a long way in recognizing and respecting the rights of same-sex couples and LGBTQ individuals. In 2014, Illinois passed a same-sex marriage bill allowing gay couples to marry and enjoy the same rights as every other married couple in the state. However, many couples decide to pursue a civil union instead of marrying. Suppose you are in a same-sex relationship or are in a relationship with someone in the LGBTQ community and are interested in pursuing a civil union rather than a traditional marriage. In that case, it is essential for you to meet with a knowledgeable attorney so that you and your partner understand your rights and are able to enter a happy and loving civil union.
Important Information Regarding Representation for Civil Unions and Domestic Partnerships
It is important to note that civil unions and traditional marriages offer similar benefits. However, civil unions are not recognized in every state and are still not recognized by the federal government. If you and your partner are interested in entering into a civil union, understand that you will have access to critical legal rights, including the following:
What to Know if You Are Heading Towards a High-Conflict Divorce
It is not uncommon for married couples to prolong their marriage simply because they fear going through grueling divorce proceedings. Unfortunately, divorce can be a highly contentious process for so many couples, leaving many reeling from the sheer emotional turmoil. Chances are, if you are in a tumultuous marriage, the possibility of having a smooth divorce is slim. However, hope is not lost.
If you have reason to believe that you and your spouse may be heading for a high-conflict divorce, one of the wisest things you can do is to retain the services of a knowledgeable divorce attorney. Having a skillful attorney on your side can be a lifesaver, especially regarding issues like asset division, spousal maintenance, or figuring out who will get custody of the kids. This blog will provide essential tips to be aware of when preparing for a contentious divorce.
What to Know if You Are a Beneficiary Seeking Legal Counsel
It is generally considered a great honor to be named as a beneficiary of someone’s will or trust. It demonstrates that someone cared enough about you to ensure you were included in their estate plan. In many cases, beneficiaries receive the benefits they are entitled to according to the will or trust of the deceased without any issues or complications. However, in other cases, numerous sources of frustration can arise as the process of receiving your benefits plays out. If you are a beneficiary concerned with the course of the estate administration and probate process, contact a knowledgeable attorney who will ensure your rights remain protected and that you receive the benefits you are entitled to.
Improper Estate Administration
When someone is named as a beneficiary, they are tasked with relying on the executor chosen by the deceased to take care of issues relating to their estate. Usually, the deceased selected the executor because they believed the person would be up to the task. However, this is only sometimes the case. In many cases, an executor may be overly busy, not aware of the gravity of the situation, or perhaps they wish to take advantage of the process. In any event, inadequate estate administration is a common reason why a beneficiary may want to consult with a lawyer.
Understanding Child Custody in Illinois and A Common Mistake Parents Sometimes Make During the Process
Deciding to end your marriage and pursue a divorce is rarely easy, especially when children are involved. In divorce cases where spouses have children, they often want to protect them from the stress and uncertainty of divorce while ensuring their lives are affected to the least extent possible. At the same time, parents might be concerned about what effect the divorce will have regarding child custody and their ability to see and be a part of their children's lives. If you are getting a divorce and are concerned about matters related to child custody, consider consulting with a knowledgeable attorney who will ensure your rights are protected while consistently placing the child's best interests at the forefront of every decision.
Illinois Law Regarding Child Custody Matters
It is important to note that as of 2016, Illinois refers to child custody as the "allocation of parental responsibility." This term speaks to the parent's right to decide about their children's upbringing. The four primary areas where decision-making is relevant are education, health, religion, and extracurricular activities. Each parent may share these matters and the decisions accompanying them, or they may be assigned to one parent only. Generally, issues pertaining to parental responsibility are outlined in a parenting plan created by the parents as part of their divorce decree. In a best-case scenario, parents can lay out their plans for the allocation of parental responsibilities with the assistance of their attorneys or through mediation.
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