Recent Blog Posts
Getting Married This Summer? Be Sure to Address These Estate Planning Concerns
Although we generally consider marriage to be primarily a romantic relationship, when two people join their lives together, it is also a financial union. Many studies show that disagreements about finances are the top predictor of divorce. One of the best ways that engaged couples can avoid this pitfall is to be upfront, honest, and proactive about financial plans and concerns from the very beginning. If you are a newlywed or plan to “take the plunge” this summer, it is important to consider the estate planning steps you should take to safeguard your family’s financial future.
Create Your Last Will and Testament or Update Your Existing Will
In past blog posts, we have discussed some of the most ubiquitous misunderstandings about wills. Perhaps the greatest myth regarding wills is that they are only needed after a certain age. The reality is that an adult of any age will benefit from creating a will.
What Is Child Relocation in Illinois and How Can I Get It Approved?
Many people decide to relocate after a divorce in order to have a fresh start. Seeing their former spouse in town or going to places that you used to frequent throughout your marriage can make it difficult to move on and start over. While this does not require court approval for all divorcees, those with children will need to get this legally approved. This is mandated in Illinois in order to prevent the custodial parent from intentionally keeping their children away from their other biological parent. This can occur if the marriage did not end amicably; however, a bad marriage does not make someone a bad parent. Despite the cases where one parent is attempting to control the other, relocation can be done with the child’s best interests in mind.
What Is Considered Relocation in Illinois?
Moving and relocating are not one and the same. Relocating is moving a residence on a much larger scale. According to Illinois law 750 ILCS 5/600, there are a few specific parameters required to be classified as “relocation”:
Comparing Estate Planning to Insurance
Even though there are numerous benefits to creating a will, studies show that only about 60 percent of Americans have established a will, trust, power of attorney, or other estate plans. Many people use misinformed excuses to justify not having estate plans. They may incorrectly think “I am not rich, so I do not need a will” or “I can wait until I am older or in poor health to create estate planning documents.”
Estate planning does require a person to face some uncomfortable inevitabilities and can be tedious, so it is understandable that many procrastinate on this important undertaking. However, waiting too long to think about estate planning may mean that very personal decisions regarding your property, heirs, and even your medical care could be left up to others.
Why You Need an Estate Plan Even If You Are Young and in Good Health
Anyone who drives a car on public roads must have auto insurance according to Illinois law. However, it is safe to assume that many people would have auto insurance even if it was not required by law. They know that car accidents happen across the country every day and that it is better to be safe than sorry. Generally, people understand how insurance protects them much better than how estate planning protects them. However, the two concepts are not entirely different.
Legal Guardianship of a Disabled Adult
We generally think about guardianship with regard to guardianship of children, however, this is not the only type of legal guardianship that exists. When a person cannot care for themselves due to a disability, old age, or a debilitating illness, a family member may take on the responsibility of caring for him or her. Sometimes, visiting the person several times a week and helping with certain errands and tasks is enough while other people need much more extensive assistance. For situations in which a person needs significant help, you may consider guardianship. Seeking guardianship of an adult may be the best way to ensure a disabled adult is receiving the care he or she needs, but the process is not always simple.
When Do Courts Grant Guardianship of Adults?
In Illinois, guardianship of a person over age 18 only takes place through the court system. Before a court will assign someone to be another person’s guardian, it must first confirm that the disabled or sick individual needs this level of assistance. The court will evaluate to what degree the disabled person is incapacitated by mental illness, cognitive decline, physical ailment, developmental disability, or another issue. In some situations, a drug or alcohol addiction may also be considered disabling enough to qualify a person for guardianship. The court will determine the level of incapacitation the disabled person experiences and the particular responsibilities that he or she cannot accomplish for himself or herself. Next, the court will determine what type of guardian should be selected.
How to Be a Stepparent – Legally and Emotionally
Because divorce is so common, having a stepparent or becoming one has also become less of a rarity over time. Children whose parents divorce and remarry at a young age often see this as their norm. Because they grew with it, there is nothing outside of the ordinary about having more parental figures than just the people who are biologically related to you. This is not the case with children or teens whose parents get divorced when they are old enough to remember a life when their parents were married. A stepparent can seem like a foreign concept. The emotional transition can be just as difficult, if not more, as the legal process to becoming an “official” parent through adoption.
What Does the Legal Process Look Like?
An individual is considered a child’s “stepparent” once they marry the child’s biological parent. However, in the eyes of the court, this person has no legal rights with the child. Becoming a legal guardian of a child as a stepparent can be difficult. A child can only have two legal guardians, thus the other biological parent must give up their legal rights in order for the child to gain a new legal guardian. Stepparent adoptions are most common when the other biological parent has passed away. If this is the case, the only permission needed is the stepparent’s spouse. From there, the process is similar to other adoptions. Legal documents must be completed, interviews conducted, and a decision made about whether or not the stepparent is fit to adopt the child.
Questions to Ask Yourself Before Filing for Divorce
Whether it is a long time coming or a recent revelation, divorce is difficult. Leaving someone you have been with for years is difficult regardless of the quality of your relationship due to the familiarity in having a constant presence by your side. It can be challenging for people to separate their current reality from a nostalgic past. Because filing for divorce is one of the most serious decisions you can make, it is important to be absolutely sure that this is what you want and that this is what is best for everyone. Here is a list of questions you should ask yourself before signing official documents:
- Have You Fully Communicated Your Concerns with Your Spouse?: As years of marriage continue on, communication can often get lost in translation. One spouse assumes that they know what the other is thinking due to past experiences. If divorce is on your mind, you should ensure that you have expressed your concerns with your spouse in order to avoid making a rash decision. Disclosing that your unhappiness has led you to consider divorce can sometimes be the wake-up call that spouses need after years of marriage.
Most Common Estate Planning Misunderstandings
Having a will, trust, and other estate planning documents in place can give you the peace of mind that if something happens to you, your final wishes will be fulfilled. Furthermore, comprehensive estate planning allows you to make decisions about your property and healthcare so that your family will not be burdened with making these decisions on your behalf. There are so many benefits to creating an estate plan, that it may surprise that only about 40 percent of Americans have created a will or trust. There are many myths and misunderstandings about estate planning which contribute to this.
Misunderstanding 1: You Need to Be Wealthy to Have a Will
One of the greatest misunderstandings about estate planning is that people assume it is only for the wealthy. On the contrary, anyone over age 18 can benefit from estate planning. Even if you do not have high-value assets, you probably own sentimental items which you would like given to a certain family member or friend upon your death.
The Pros and Cons of Adult Guardianship
When most people think of guardianship, they imagine something similar to adoption. They begin to take care of a child in a similar fashion to the way they would care for their biological child. While this is one form of guardianship, adult guardianship is also fairly common. Becoming someone’s legal guardian gives you the legal authority to assist that individual with their affairs. This is typically done to help an adult make decisions when they are incapable of doing so themselves. It can be difficult to take on this role, especially if the adults are your parents. However, when debilitating diseases such as Alzheimer’s affect the adult’s mental ability, it can be crucial to take on this position.
Benefits of Guardianship
One of the primary benefits of legal guardianship is the peace of mind for everyone involved. Not only will you feel more secure and comfortable with the adult you are guiding but you will also feel personal reassurance. Guardianships are typically a last resort for family members when they see that their loved one is not able to make legal decisions on their own. That being said, once the unpredictability is removed from the situation it can take away the stress for everyone involved. Becoming a legal guardian also gives clear legal authority for instances in which it is necessary. When third-parties become involved, it is much easier to have a designated leader rather than someone who is unsure and incapable of making large decisions.
Consider Using an Advance Directive to Plan for Your Future
Advance directives are among the lesser-known estate planning tools. Studies show that only about a third of adults in the United States have signed an advance directive. There are a few reasons that advance directives are less popular that other types of estate planning documents like trusts and wills. Many people are not aware of how an advance directive can benefit them and their family if an unexpected tragedy should occur. While it can be quite difficult to plan for a possible future incapacitation, doing so has many benefits to both you and your loved ones.
Advance Directives Allow You to Be in Control of Your Future Medical Care
Have you considered what types of healthcare and medical intervention you would want if you ever became incapacitated by a serious illness or injury? For example, if you fell into a persistent vegetative state, would you want to be kept alive via a feeding tube? Facing these types of questions is not fun, but doing so now means that your family will not be burdened with the responsibility of making these plans for you if you became extremely ill. Through an advance directive, you can make decisions ahead of time about what types of medical care you do and do not want should the worst happen. This estate planning tool puts the power in your hands instead of in the hands of family members or doctors.
How to Transition into Two Homes During Divorce
Divorce is a difficult time and transition for everyone involved, but children have a different experience altogether. Children often do not understand the reasoning behind the divorce and can blame themselves for the conflict between their parents. This is most common in young children but can also happen for older ones who have experienced their parents fighting throughout their lives. One of the most confusing parts of the divorce process is the transition from living under one roof with both parents to living part-time in two separate homes.
Moving During Divorce
Custody arrangements look different for every family. Some share equal time with both parents while others only stay with their non-custodial parent on some weekends and holidays. While there are a variety of different arrangements, a house should feel like a home regardless of the amount of time a child spends there. The following are tips to make your house more comfortable for your child:
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