Posted on August 01, 2022 in Wills and Trusts

Trusts are rapidly replacing wills as the main form of testamentary estate planning. You do not need to be a millionaire for using a trust to make sense. In terms of deciding who gets what when you have passed away, a trust can do everything a will can do while also allowing for some discretion and more gradual distribution. There are a number of benefits trusts offer that wills cannot. Unless you have minor children, you may not need a will at all if you establish a trust. There are also numerous different types of trusts that all offer distinct advantages and disadvantages. An attorney can help you understand all your options so that you can make a well-informed decision.

Advantages of Using a Trust, Not a Will

Some of the benefits that have people turning to trusts as their primary testamentary document include:

• Gradual distributions - When you use a will, your beneficiaries get whatever gifts you have left for them in their entirety immediately. Depending on your beneficiaries and how they are with financial management, this could be a recipe for disaster. With a trust, you can have money slowly distributed to them over time instead of handing them a lump sum.

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 Posted on July 28, 2022 in Divorce

Maybe your spouse said something directly. Maybe it is only a hunch. Whatever your reason for suspecting divorce papers may be heading your way, it is common to feel panicked and unsure of which steps to take next. Having conflicting feelings is totally normal during the pre-divorce phase, but it is still important to strategize carefully so you do not end up at a disadvantage if your spouse does end up filing for divorce. If you are wondering whether you should file for divorce first, read on and then contact our excellent team of Cook County divorce attorneys.

Can My Spouse File For Divorce Without Telling Me?

While it certainly does not feel good to be surprised by a knock on the door from a sheriff serving divorce papers, your spouse can file for divorce without telling you first. As long as one of you has lived in Illinois for at least 90 days, you can file for divorce under Illinois law. Your spouse does not even have to claim that you are at fault; “irreconcilable differences” is the only reason spouses can give for getting divorced in Illinois.

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 Posted on July 26, 2022 in Divorce

Many couples in Illinois feel as though they have lost a romantic connection or have differences too great to overcome. At the same time, these couples may not be ready to completely commit to a divorce - now or ever. When this happens, Illinois law offers an alternative option that may be a better fit: Legal separation. If you want to officially separate from your spouse but do not want a divorce, read this overview of legal separation and then talk to a DuPage family law attorney about your options.

What is a Legal Separation in Illinois?

When married couples who want to separate move out of the marital home, they may be physically separated but they have not yet gotten legally separated. Legal separation is not merely living apart; rather, it is a legal term that describes formally separating your life with your spouse in virtually the same way as a divorce without actually getting divorced.

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 Posted on July 25, 2022 in Estate Planning

Creating an estate plan can take some effort. You have to carefully consider who you would like to receive what. There can be an emotional aspect to estate planning. There is some legal strategizing involved. The last thing you want is for someone to dispute your estate planning documents when you are no longer here to defend yourself and your plans. Disputes are common when a relative is left out of the estate plan and becomes upset. They may also occur simply because your survivors are not getting along with each other. Document disputes are not always raised in good faith. There are steps you and your lawyer can take now to reduce the likelihood of a dispute later.

Ways to Stop a Future Dispute Before it Happens

If you have any suspicion that someone may have an interest in disputing your documents later, inform your attorney. They may recommend strategies like:

• Private planning - Your lawyer may ask that you come to all appointments with them alone rather than with a relative or other intended beneficiary. Meeting with your lawyer to do your estate planning in private may help remove any appearance of undue influence by one beneficiary. In fact, it may be preferable to not tell your loved ones that you are engaged in estate planning until the process is complete.

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 Posted on July 22, 2022 in Divorce

Although it may not seem romantic, marriage is a financial partnership. This is never more clear than during divorce, when a couple who has combined their incomes and assets for years now has to split them up. The end of a marriage has major financial implications for both partners and it is natural to have many questions about what happens to your money in a divorce. One of the most common questions Illinois divorce attorneys get is whether a spouse who has made more money will get to keep more of the marital estate. In community property states, assets are divided 50/50; however, Illinois does things a little differently.

How is Property Divided in an Illinois Divorce?

Illinois is a so-called “equitable division” divorce state, meaning that courts are more focused on determining whether an asset settlement is fair rather than exactly equal. Courts encourage couples to create asset settlements on their own, using the help of a mediator if necessary.

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 Posted on July 19, 2022 in Divorce

Many people avoid beginning the Illinois divorce process because they have such a contentious relationship with their spouse and they only anticipate things will get worse during the divorce. Unfortunately, bitter relationships rarely end with amicable divorces, and many spouses’ worst fears are confirmed once the divorce begins.

However, a great divorce attorney can help you get a fair divorce decree, even if your spouse is determined to hide marital assets, fight your claims for spousal maintenance, or argue over who should have custody of the kids. Here are three tips for preparing for a high-conflict divorce; read through them and then contact a divorce attorney with experience advocating for clients during contentious divorces.

Know Your Finances

Abusive or domineering spouses are often dishonest or sneaky when it comes to finances. Your spouse may be hiding money from you, whether by stashing it away in a savings account or by lying about how much money they make. Your spouse may also be dishonest about the ownership or value of certain assets, especially ones that are easier to hide. Before you begin the divorce process and alert your spouse to the fact that your marital possessions will be under scrutiny, collect as much information as you can about your finances.

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 Posted on July 18, 2022 in Asset Division

The purchase of a first home is a major milestone in many couples’ marriages. Unfortunately, the division of the marital home later in divorce is often a difficult issue to resolve, especially when only one spouse has their name on the title or purchased the home before the marriage. If you are thinking about getting divorced and are wondering whether you have any claim to the home you lived in during your marriage, make sure you have a skilled Illinois divorce attorney on your side.

Homes Can Be Personal Property, Marital Property, or Both

Before assets can be divided in a divorce, they need to be categorized as either personal or marital property. For smaller assets like a car or a piece of jewelry, determining the category is usually fairly straightforward. For a home, however, the process can be a little more difficult.

For example, if you waited until after you were married to buy a house but only one spouse had good enough credit to purchase the home, the home may appear to be owned exclusively by that spouse. But marital property is not necessarily determined by whose name is on the title of the home; rather, if an item was bought after a marriage using both spouses’ incomes, the item is considered marital property no matter who is listed as the owner.

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 Posted on July 11, 2022 in Family Law

Someone contacting you to inform you that you are the father of an unplanned or unwanted pregnancy can be a shocking experience. While some men are excited to learn they are going to be a father, others are understandably upset to learn that someone is trying to hold them responsible for a child they do not want or do not believe is theirs. Being a father is a tremendous responsibility, both in terms of its ethical and legal implications. If you are being asked for child support and are skeptical of the claims about the child’s paternity, contact an experienced family law attorney who can help.

How is Paternity Established in Illinois?

Establishing paternity for a married couple’s child is simple: the husband is presumed to be the father. But if you are married and you suspect your wife may have conceived your child with another man, you can overcome the presumption that you are the father by requesting genetic testing that shows otherwise. Generally speaking, if there is any question about whether a man is a child’s father, genetic testing can be requested by either the mother or the presumed father or ordered by a court.

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 Posted on June 30, 2022 in Estate Planning

As people live longer and longer lives, the chances that you could one day experience age-related incapacity increase. Even if it is only for a short time in your very advanced age, most people will at some point lose the ability to think clearly and make decisions on their own behalf. While no one wants to go through an illness that affects the mind, like dementia, the reality is that many of us will. Planning for incapacity is a wise choice; the younger and healthier you are when you do it, the stronger your plan may be. The entire process of getting the documents you need to prepare for such an event does not take long, although you should think carefully about your choices. You have quite a bit to gain and nothing to lose by doing this important type of planning.

Reasons You Need an Incapacity Plan

You may have already seen an elderly family member go through age-related incapacity. For many people, watching a loved one struggle with age-related incapacity is what prompts them to make a plan of their own. Advantages of having this type of plan in place include:

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 Posted on June 29, 2022 in Spousal Support

Although alimony is less common in Illinois divorces than it used to be, it is still frequently ordered or negotiated between a divorcing couple. Technically known as "spousal maintenance," alimony is intended to allow a spouse to recover from the financial consequences of separation from their partner, especially if the marriage lasted a long time and the spouse receiving alimony sacrificed all or part of their career potential to raise a family. If you are seeking an Illinois divorce and are wondering how long alimony lasts, read on and then contact a DuPage County family law attorney who can help.

Types of Alimony in Illinois Divorces

There are four basic types of spousal maintenance allowed in an Illinois divorce, and the type of alimony will have a significant influence on how long alimony payments last. The four different types of alimony are:

• Temporary alimony - Interim or temporary alimony is ordered during divorce proceedings and may be used to pay for a spouse’s attorney fees and/or the cost of a spouse’s living needs until the divorce is finalized. Temporary alimony is intended to allow spouses to leave marriages they would otherwise be trapped in for lack of funds.

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