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Critical Estate Planning Steps You Need to Take After Your Divorce
Getting a divorce can sometimes make it feel as if your world has been turned upside down. Between dealing with the financial consequences of your divorce and managing child custody or spousal support concerns, you may feel like there are almost countless tasks to complete. In all of the chaos, it can be easy to forget important estate planning considerations. Unfortunately, if a person divorces, beneficiary designations and certain other estate planning arrangements do not change automatically. You will need to update such provisions manually, and a qualified estate planning attorney can help.
Review and Revise Your Will
Only about 40 percent of U.S. adults have a will or other estate plan in place. If you already have a will or trust that describes your property distribution wishes, you are already ahead of most Americans. However, you will want to read and update your will after divorce. According to Illinois law, any directions in your will that refer to your spouse are made void once he or she becomes your ex-spouse. However, any provisions that address inheritance for your ex-spouse’s family members remain valid. It is always a good idea to go over your will after divorce and make sure it still reflects your current wishes.
5 Ways to Manage Your Finances After Your Illinois Divorce
Going through a divorce can significantly disrupt your life. Not only does it affect your mental and emotional health, but it can also wreak havoc on your financial situation. It may be hard to maintain the same standard of living once you and your spouse part ways. However, you can still obtain a sense of financial security. In some cases, you may be awarded spousal support or child support payments, or you may be required to pay support to your former spouse. To alleviate some of the stress, it is important to be hands-on and in control of your assets, income, debts, and expenses. A skilled family law attorney can guide you through the legal proceedings and help ensure that you are positioned for success once your divorce is complete.
Here are a few steps to regain financial stability after a divorce:
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Balance your budget. A budget shows how much income you have coming in and how those funds will be spent. Determine your necessities and luxuries, and how much you would like to spend on each. Ideally, you should prioritize your necessities over your luxuries, and whatever income you have left over can be put toward your savings.
Estate Planning Considerations for Blended Families
It is estimated that approximately 1,300 new stepfamilies are created every day in the United States. While proper estate planning is important for everyone, individuals who have a blended family should take special care to ensure that their estate plans reflect their wishes and provide for beneficiaries. Whether your family includes stepparents and stepchildren, adopted children, half-siblings, or grandchildren, having a comprehensive estate plan is essential. If you are in a blended family, there are special estate planning considerations that may apply to your situation that you may be unaware of.
Complications Regarding Remarriages and Children from a Previous Marriage
A large percentage of U.S. adults are on their second or third marriages. If you have remarried and you have children from a previous relationship, you should be aware of the way Illinois intestate succession laws operate. If a person dies without a valid will or other estate planning document, his or her assets are distributed according to state law. In Illinois, the laws of intestate succession would split your estate between your current spouse and your children. Such laws, however, do not specify which of your assets will go to your children. This means that if you want your children from a previous relationship to inherit certain items—including family heirlooms or other things with sentimental value, you will need to create a will or trust to do so.
Can I Leave an Inheritance to My Pet?
If you are like many pet owners, your pets are not simply animals, they are loyal companions. Because you love your pet and want to ensure he or she will be cared for if you pass away, you may be interested in including your pet in your estate plans. A pet is not a human so you cannot leave an inheritance directly to a pet. However, there are certain estate planning tools that allow you to designate funds and property for the care of your pet.
Planning for Pets After Your Death
If you are considering providing for your pet in your estate plan, you have already considered the fact that your pet may outlive you. Many people assume that when they pass away that family members or friends will care for their pet, but this is not always what ends up happening. Sometimes the person you hoped would look after your companion simply cannot fulfil the responsibility. He or she may have health issues or allergies that prevent him or her from owning pets, live in a residence that does not allow pets, or he or she may be unable to afford your pet’s care. One option that allows you to ensure that your pet receives the care he or she needs is a pet trust.
How Can Parental Rights Be Terminated in Illinois?
Although Illinois family law prefers a child to have two parents actively involved in his or her life, there are times when it is in the best interests of the child to terminate one of the parent’s parental rights. Once an individual’s parental rights have been terminated, he or she is no longer responsible for the child, meaning he or she does not have to pay monthly child support payments and cannot make decisions on the child’s behalf. Illinois has strict and specific rules regarding the termination of parental rights, so it is important to understand them if you are ever involved in a legal dispute regarding your or your former partner's rights regarding your child.
The Illinois Adoption Act and Parental Rights
Typically, a parent is not allowed to give up his or her rights in order to avoid parental responsibilities or paying child support. In addition, one parent is not allowed to petition to revoke the other parent’s rights as part of a child custody dispute. Typically, parental rights will typically only be terminated if the child is being adopted by a step-parent or another party. Under the Illinois Adoption Act, parental rights can be only involuntarily terminated if:
Estate Planning Tools That Are Often Overlooked
Only about four out of ten adults have any type of estate plan in place. Misunderstandings about the purpose of estate planning and fears about confronting one’s own mortality are two of the main reasons that people neglect this important responsibility. People also put off estate planning because they are overwhelmed and do not know where to begin.
If you are ready to get started on your estate plans, consult with an experienced estate planning lawyer. A lawyer will help you determine what types of estate planning tools will best accomplish your goals. He or she can also ensure that your estate plans do not contain mistakes that could invalidate the decisions you have made.
Planning for Future Disability or Incapacitation
Of the people who do create estate plans, many draft a will and little else. A will is a crucial estate planning tool that allows you to direct how your assets are passed down to heirs upon your death, but it is not the only estate planning tool worth utilizing. You must also consider what will happen if you become seriously ill or injured and are unable to speak for yourself. A medical power of attorney allows you to choose a representative to speak on your behalf about medical decisions if you are incapacitated and cannot express these medical wishes. A financial power of attorney allows you to appoint a representative to manage your finances if you cannot do so yourself. A living will allows you to choose in advance what types of end-of-life care you would and would not want if you could not express it. You can choose whether or not doctors should use mechanical ventilation, tube feeding, CPR, and other medical procedures to delay your death.
What Are the Basics of an LGBTQ Divorce in Illinois?
Since November 2013, same-sex couples have had equal access to marriage and divorce rights under federal law. In Illinois, a lesbian, gay, bisexual, transgender, questioning (LGBTQ) marriage is similar to opposite-sex marriage. Not only do same-sex couples have the right to get married, but they can also share property and assets, file joint tax returns, receive retirement and veterans’ benefits, and many other rights and responsibilities that opposite-sex couples receive following marriage. Since same-sex marriage is still relatively new, couples may not fully understand how the law applies to them when it comes to divorce. Therefore, if you are considering a divorce, it is critical that an experienced attorney guides you through the process.
Illinois Divorce Laws
Illinois is a no-fault divorce state, meaning you do not need to give the court a reason why you and your spouse wish to end your marriage. According to the Illinois Marriage and Dissolution of Marriage Act, in order to be granted a divorce, a couple must only prove:
How Can I Reduce the Chances of My Will Being Challenged After My Death?
Deciding how your property should be distributed upon your death is not the most pleasant topic to consider. However, proper estate planning is a crucial step that every individual should take regardless of age or wealth. If you have decided to create a last will and testament, you may be concerned about your will being challenged or contested. When a person contests a will, they challenge the validity of the will in court. If the will contest is successful, the directions contained in the will may be set aside and instead the deceased person’s property is distributed according to intestate laws. There is no way to guarantee that your estate plans will not be contested, but there are actions you can take that will significantly reduce the chances of a will contest.
Do Not Put Off Estate Planning Until Old Age or Poor Health
Many people are under the false assumption that they do not need to worry about their will or other estate planning tool until they are much older or have a major health concern. However, waiting too long to start estate planning could result in your will being contested due to lack of testamentary capacity. The best way to avoid this is to create your will before you have any type of major mental or physical health issues. Once you have drafted your will, talk to your family about what to expect when you pass away. When beneficiaries know the contents of your will in advance, they may be less likely to contest the will out of shock.
What Can Child Support Payments Be Used for in a Divorce?
Child support refers to the money paid by one parent to the other parent to help financially support their child after the parents get a divorce. However, these types of payments may also be appropriate for couples who never married but had a child together. Typically, child support is paid to the parent who was allocated the majority of the parenting time with the couple's child. In Illinois, child support is based on both parents' net incomes, and an “income shares model” is used to calculate the amount of the payments. Child support arrangements must be approved by the court. Payments are typically made on a monthly basis, and a parent can face penalties if the support payments are late or if support is unpaid.
Child Support Uses
Overall, child support is intended to maintain the child’s well-being and guarantee all of his or her basic needs are met. The basic child support obligation determined using the income shares method is meant to cover the following types of expenses:
What if My Child Refuses Parenting Time with My Ex-Spouse?
If you are a parent who is divorced or legally separated, you are likely familiar with the court-approved parental responsibilities you and your ex may have spent hours trying to resolve. A parenting plan is a legal document that outlines child-related issues such as with whom your child will live, who has decision-making authority regarding issues such as children's education and medical care, and more. Unfortunately, your child may not be too happy about the decisions made during your divorce, and they may state that they do not wish to spend parenting time (visitation) with your ex-spouse. However, even if your child is reluctant to spend time with his or her other parent, you will be required to follow the parenting time schedule set down in the parenting plan, and you may face penalties for failing to fulfill the court's orders.
The Reasons Behind the Refusal
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