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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.
Common Mistakes When Selecting a Divorce Attorney and How to Avoid Them
Few couples get married with the expectation that the marriage will end in a divorce. Unfortunately, however, marriages all too often do end in divorce. Sometimes, a couple may delay getting divorced because they fear the process will be too difficult and upsetting to bear. While this sentiment is understandable, the process does not need to be terrible.
The start of the divorce process begins when you select your attorney. For this blog, we will discuss mistakes people often make when choosing the attorney to represent them in their divorce. We will also discuss how to avoid making these mistakes. While you are not required to retain the services of an attorney when getting divorced, you are strongly advised to hire an attorney to ensure your rights are protected and the process is completed lawfully.
What to Do and Not Do When Selecting a Divorce Attorney
The first mistake people make when hiring an attorney is failing to do enough research before making a selection. The law firm the attorney works for, their reputation, payment structure, and experience are all factors that must be considered when selecting a divorce attorney. To ensure this does not happen to you, try to obtain as many referrals as possible while asking other lawyers about a specific attorney or law firm. By cross-referencing the information you receive and getting a bigger picture, you will be better positioned to make a wiser decision.
What Divorcing Fathers Should Know in Illinois
When a married couple with children decides to pursue a divorce, it can affect everything and everyone around them. But unfortunately, there are situations where the only thing stopping a couple from divorcing is fear of the unknown and the various emotional and financial consequences that result from a divorce. Or in other cases, parents may be afraid of how a divorce will affect their children.
When a divorcing couple has children, there is much to figure out. Luckily, according to Illinois state law, the allocation of parental responsibilities is to be shared equally among the parents of children unless there is a good reason to do otherwise. However, there are things every father ought to know if he is getting a divorce in Illinois. If you are a father getting a divorce in Illinois, consider contacting a knowledgeable attorney who is passionate about defending fathers’ rights in Illinois divorce cases.
Considering a Prenup? Make Sure It Is Valid
Prenuptial agreements are becoming increasingly popular among engaged couples of all ages. Prenuptial agreements can protect both spouses’ financial interests in the event of divorce or the death of a spouse. They also represent an important opportunity for engaged couples to discuss financial plans and expectations before they walk down the aisle. In a country where financial problems are consistently cited as a top cause of divorce, financial transparency is crucial to building a strong marriage.
However, prenuptial agreements must meet certain criteria to be legally binding. If a prenup does not meet these requirements, it may be completely useless during a divorce.
Requirements for Prenuptial Agreements in Illinois
Prenuptial agreements and postnuptial agreements are legal contracts. As with any contract, they must meet certain standards to be legally enforceable. In Illinois, part of all of a prenuptial agreement may be thrown out if these standards are not met.
What Are the Most Common Estate Planning Mistakes?
Estate planning can be an excellent way to grant your loved one's peace of mind in case of the inevitable. However, many people may hesitate to engage in estate planning for various reasons. They may feel like they will have time in the future to do it or that doing it brings up uncomfortable questions that they would rather not answer. While these sentiments are common, it is essential to grasp how important estate planning is to ensure that your wishes are known and respected after you pass away. Estate planning can indeed be complex, but delaying it because it is difficult will only make the process more burdensome on your loved ones.
Since there are many pieces to an estate plan, it can be easy to make mistakes if you do not have the proper guidance. If you are interested in the estate planning process, contact an experienced estate planning attorney who can work with you to ensure no serious mistakes are made. In this blog, we will delve into some common mistakes people make when estate planning.
Ways to Help Your Children Cope with Your Divorce
Getting a divorce can be a challenging process, filled with hardships and heartbreak. This is especially true for children affected by their parent's divorce. Depending on the divorce circumstances, children may carry the pain of their parent's divorce for the rest of their lives. However, supporting your children during difficult times is what being a parent is all about.
You are not alone if you are getting a divorce and are worried about how your children will deal with it. A looming divorce can seem overwhelming. But, with so much to deal with, where should you begin? Your first action should be to hire an experienced divorce attorney. Your attorney will work with you through the process, ensuring that your best interests are protected and always at the forefront of decisions made.
Helping Your Children Navigate this Difficult Time
This advice is applicable whether you have one child or several. To be the most helpful you can be, here is what you can do during your divorce to ensure that your kids are protected:
Examples of Mistakes People Make During Divorce
It is well known that getting a divorce can be one of the most challenging things anyone will ever have to do. The dissolution of a marriage can be a sorrowful time and also a scary time, since you may be unsure of what your future will hold. Divorces tend to bring forth strong emotions in people. While this is understandable, it is critical that you do not fall victim to common mistakes people can make during the divorce process.
The worst mistake someone can make when getting divorced is not hiring an experienced divorce attorney. Your divorce attorney will inform you of your rights while making sure that your rights remain protected. An attorney will also work with you to help pursue a positive outcome in your case. This blog will delve deeper into common mistakes people make during divorce proceedings.
Mistakes People Make During Divorce
Aside from not hiring an attorney, there are various other mistakes people often make during divorce. These mistakes may include the following:
My Ex is Failing to Make Child Support Payments. What Should I Do?
Getting a divorce is rarely an easy or stress-free process. This is even truer when children are involved. Often, the spouse responsible for caring for the child for the greatest amount of time is eligible to receive child support payments. These payments are used to help pay for the various expenses related to raising a child, including clothing, food, medical care, schooling, and after-school activities.
In Illinois, the court and the Illinois Department of Children and Family Services may issue orders requiring a parent to make support payments. However, this does not mean the parent always obeys. Failure to receive child support payments can be exceptionally frustrating and even frightening for the parent relying on it. Luckily, you can take steps to ensure your ex-spouse is forced to pay child support. If your ex-spouse fails to pay child support, contact an attorney to ensure that your ex will be required to pay.
Understanding Guardianships of Disabled Adults in Illinois
Throughout a lifetime, there are times when you may find yourself relying on someone else for different reasons. For some people, however, this need to rely on someone else is more significant than a typical individual's need to rely on someone. For instance, if someone is disabled physically or mentally, they may require a higher level of assistance.
Watching a family member or friend struggle to sustain themselves and manage their life can be heartbreaking. Luckily, in Illinois, if you are watching a friend or loved one struggle to maintain their affairs due to a disability and wish to help them, you can pursue guardianship of that individual. If you are interested in learning more about seeking guardianship of a disabled adult, consult an experienced attorney with knowledge of guardianships to ensure your rights and the disabled individuals' rights remain protected and that the process is as smooth as possible.
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