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Four Things You Should Know About Adult Guardianships in Illinois
At one point or another, most of us will need help from someone else in regard to managing our affairs. For some of us, we might only need help temporarily as we recover from an injury or illness. In other situations, the need for assistance is permanent and much more serious. If you have a loved one who is struggling to manage their financial or health-related affairs, you might consider pursuing guardianship of that person. There are, however, a few things you need to know before you take any action in that direction.
1. Guardianship Can Only Be Granted by a Probate Court
In the state of Illinois, guardianships fall under the jurisdiction of the probate court. The court has full authority over the appointment and removal, if necessary, of adult guardianships. Unless you have been already been named in your loved one’s valid power of attorney, you cannot begin acting on your loved one’s behalf until the court says that you can.
What Is the Process for Adopting a Stepchild in Illinois?
Adoption is the legal process for assuming parental responsibilities for another person’s child. Adopting a child from an agency is an option for couples to grow their family if they cannot conceive on their own. However, there are other types of adoption, including stepparent adoption. In these cases, an individual with a stepson or stepdaughter may want to consider legally becoming the child's parent. If you are considering a stepparent adoption, speaking with an experienced family law attorney can ease your concerns as you walk through the legal process in Illinois.
A Relative Adoption Versus an Agency Adoption
A stepparent adoption does not involve the same process as an international or Department of Children and Family Services (DCFS) adoption. Here are a couple of differences between them:
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Home study: Home studies are used to determine if a home is safe and stable for a child to be placed. Home studies are not required for stepparent adoptions, because it is considered the same as adopting a relative, as per the Illinois Adoption Act.
Why Is Establishing Paternity Important in Illinois?
When a child is born to a married couple, both spouses will be considered the child's legal parents. However, when a child is born to an unmarried mother, or when the identity of the child's father may be in doubt, it may be necessary to establish the child's legal parentage. Establishing paternity is important for the child, but it also benefits the father and mother too. For example, legal paternity may need to be established before a court determines parenting time, parental responsibilities, and child support. If you need to address issues related to your child's parentage, speaking with an experienced family law attorney can guide you through your next steps and help you establish paternity.
How Is Paternity Established?
Paternity is the legal establishment of the identity of a child’s father. Simply writing a person’s name on a birth certificate does not necessarily indicate paternity. In fact, paternity can be established in a variety of ways, including:
What Documents Do I Need When a Loved One Dies?
When a family member or close friend passes away, figuring out what paperwork you need to find can be overwhelming and confusing. Especially if you are the executor of the estate, you will have several important responsibilities including paying the deceased person’s bills and taxes, manage their assets, obtaining a death certificate, and more. You will need access to several different documents in order to complete these tasks. If you loved one created an estate plan before they passed away, finalizing their affairs will be much easier than if they had no plans.
For this reason, and many others, everyone should have a will, trust, or other estate planning tool in place – even if they do not own a great deal of high-value assets. When you pass away with an estate plan, the burden on your surviving loved ones is significantly less that it would be if you did not have an estate plan.
Locate the Following Documents When a Loved One Passes Away
Testamentary Capacity Concerns for Loved Ones with Dementia
In Illinois, wills, trusts, and other estate planning documents must meet certain criteria in order to be valid. In order for the court to uphold a will, the person who created the will, called the testator, must fully understand the provisions contained in the will and the consequences of these provisions. If a testator was forced, under undue influence, or could not comprehend what he or she was doing when he or she signed the will, the will may not be legally binding. If the validity of the will iscontested and the court finds that the testator did not consent to the directions contained in the will, it could be thrown out completely. If you have a loved one with dementia who wishes to draft a will, you will need to take special precautions to ensure that the will is legally enforceable.
Testamentary Capacity Explained
The term “testamentary capacity” refers to a testator’s mental clarity and understanding. Testamentary capacity is also sometimes called “sound mind and memory” or “disposing mind and memory.” Testators as presumed to have testamentary capacity unless there is convincing evidence to the contrary. If your loved one wishes to create a will or other estate planning document and he or she suffers from dementia, Alzheimer’s Disease, or another illness that affects cognition, this could be grounds for his or her testamentary capacity to come into question.
How Can a Stay-at-Home Parent Prepare for Divorce in Illinois?
There are many reasons why a couple may decide for one parent to stay at home with the children rather than pursuing a career. In some situations, a family simply cannot afford childcare, so a parent may stay home out of necessity. Other families may choose to have one parent dedicate their time to caring for children and maintaining the household. Today, the role of homemaker is not limited to women. In fact, more fathers are becoming stay-at-home dads, according to research published in Psychology Today. Regardless of a person's gender or their reasons for becoming a homemaker, divorce as a stay-at-home parent can seem intimidating, and it can cause a great deal of uncertainty about the future. If you did not work outside of the home during your marriage, and you are facing a divorce, you will want to work with an experienced family law attorney who can guide you through the legal process of divorce and help you create a secure future.
What Are My Legal Rights as a Surrogate Mother in Illinois?
Infertility can be emotionally and physically draining on a couple, but unfortunately, it is not uncommon. The Centers for Disease Control and Prevention (CDC) estimates that nearly 16 percent of married women struggle with infertility, while almost 9 percent of women are clinically diagnosed as infertile. For those women who cannot have a child of their own, surrogacy enables a couple to raise their own biological child. A woman who chooses to serve as a surrogate can help couples achieve their dream of raising a family, while she herself may receive compensation for her services, making this both emotionally and financially rewarding. If you are considering becoming a surrogate, speaking with an experienced family law attorney can help you navigate the legal matters pertaining to this serious endeavor.
Requirements of the Surrogate
Because a surrogate is entrusted with carrying someone else's child, it is understandable that she will be carefully selected. To best protect the child, a prospective surrogate may undergo several medical tests to ensure that she is in the best health for carrying and delivering a baby. According to Illinois’ Gestational Surrogacy Act, a surrogate must:
Three Tips for Preventing Identity Theft After the Death of Loved One
Many people do not realize it, but taking steps to prevent identity theft is an important part of estate planning. Sadly, more and more criminals are taking advantage of grieving families by stealing the identities of deceased individuals. An identity thief can use a deceased person’s name and personal information to obtain and use credit cards that are in the deceased person’s name, apply for loans, falsify tax returns, and more. If your loved one’s identity is stolen after they pass away, you will be burdened with resolving the issue with law enforcement and financial institutions. Follow these steps to minimize the chances of your loved one’s identity being stolen after they pass away.
Tip #1: Notify Interested Financial Companies of the Death
When a loved one dies, it is usually up to the executor of the estate to contact financial institutions and close accounts. It is important to do this as soon as possible. Unscrupulous individuals can take advantage of the window of time between when an individual dies and when the decedent’s finances are settled. Contact every bank that your loved one had an account with and notify them that your loved one has passed away. You should notify the banks even if the deceased person’s spouse or another person is still listed on the accounts. You will also need to notify any lenders, mortgage companies, or investment companies your loved one had business with.
Selecting the Right Executor for Your Estate
Preparing a will is, for many people, the cornerstone of estate planning. For some, a will can be enough to cover much of their estate, while others may require additional planning instruments to meet their needs when they are gone. Regardless of the size of your estate, choosing an individual to oversee the execution of your will is one of the most important determinations that you will have to make during the estate planning process. A person or entity tasked with such responsibility is called an executor in Illinois—sometimes known as a personal representative in other states—and should be worthy of the trust that you have placed in him or her to protect your assets and property.
Duties of the Executor
An executor may be a financial institution, trust company, or other entity, but in most situations, it is an individual person, often a friend or family member. Upon your death, your executor will be responsible for:
3 Tips for Preventing a Contentious Divorce in Illinois
According to the American Psychological Association (APA), data from the National Survey of Family Growth shows that 48 percent of marriages end when they hit the 20-year mark. Despite this evidence and the colorful divorce horror stories we all hear from our friends, family members, and neighbors, the reality is that not all couples who make up these kinds of statistics experience a toxic divorce. Many spouses are not only able to make a mutual decision to end their marriage, but they are also capable of navigating the process amicably, even acting as a team to ensure a smoother experience for everyone involved.
Avoiding a Contested Divorce
Not every divorce is messy, but those that are can have the power to wreak havoc on your emotional -- and sometimes physical -- well-being, especially if you do not know how to handle the conflict.
While you cannot control your partner’s choices and behavior during the divorce, you can control your own response to whatever comes your way. For this reason, divorce psychology experts place a big emphasis on the importance of being proactive when it comes to your role in a high-conflict separation.
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