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Choosing the Right Person to Be Your Power of Attorney
When you look to the future, you probably understand that a time might come where you are no longer able to make sound decisions for yourself. Nobody likes to think in such terms, but the reality is your health could deteriorate to the point where you cannot express your desires about your money, belongings, or even your medical care. In order to account for this possibility, the law in Illinois allows you to choose a person to act as your power of attorney for important decisions like these. The selected person will have legal authority to make decisions for you in the event you are unable to make them for yourself.
Characteristics of the Right Person
Under Illinois law, the person you choose as your power of attorney is actually called an “attorney-in-fact” or an “agent.” Your agent must have the necessary skills and ability to handle the responsibilities associated with a good power of attorney. A solid candidate must:
What Do Low-Divorce States Have In Common?
According to the American Psychological Association, more than 90 percent of individuals from Western cultures marry by the age of 50. Sadly, in the United States, 40 to 50 percent of these marriages end in divorce. However, while the nationwide average is high, not every state has such a high divorce rate. Statistics from the U.S. Census Bureau found that Illinois has some of the lowest divorce numbers in the country, with there being 9.41 divorced individuals for every 1,000 married couples in the state. Other states, such as Hawaii, New York, Vermont, and New Jersey, have similarly low divorce rates. What common factors do these states have that causes the divorce rate to be so low?
Why the Reduced Numbers?
It can be difficult to determine what the variables in a good marriage are. Studies of these states have found that there are commonalities they all share:
What to Do If You Think Your Loved One Was Forced into Signing Their Will
The instructions contained in a person’s Last Will and Testament are deeply personal. An individual usually thinks long and hard about how he wants his estate divided among heirs before putting these decisions in writing. According to Illinois law, wills produced through undue influence, coercion, force, or fraud are not legally-binding. If you believe that your loved ones will does not reflect his or her actual final wishes, you may be able to challenge the validity of the will in court. Challenging a will can be a complex legal endeavor. Help from an experienced estate planning lawyer may be necessary in these cases.
Did Your Loved One Have the Mental Capacity to Understand the Will?
When we age, both our bodies and our minds tend to weaken. In order for a person to be able to legally enter into a contract such as a will, he or she must have the mental ability to understand what he or she is agreeing to. This so-called “testamentary capacity" includes an understanding of the value of the property addressed in the will, an understanding of who should logically inherit this property, and the consequences of signing a legally binding document. Not everyone with dementia or another mental disability is unable to legally consent to a will, however. It is up to the person challenging the validity of the will to prove that his or her loved one could not consent to the document. In situations like this, the validity of the will may hinge on testimonies of the witnesses to the will signing, medical evidence, or an adjudication of incapacity.
Does Empty Nest Syndrome Cause Divorce?
Whether you call it empty nest syndrome or a mid-life crisis, many couples struggle when their children leave home and they go back to their previous “empty house” lifestyle. This life change can be a tough adjustment since a parent has gotten used to having their child living under their roof for 18+ years. Spouses are used to focusing on their child’s schedule and activities. This can make an empty house feel lonely and uncomfortable, sometimes so much so that divorce enters the equation.
What is Empty Nest Syndrome?
Although it is not technically diagnosed, the commonality of empty nest syndrome illustrates its wide-reaching effect. Feeling a strong sense of sadness and loneliness after your children have moved out is the telltale sign of empty nest syndrome. Other symptoms include a lack of identity, extreme remorse, and a lack of self-worth. This lifestyle change can lead to clinical depression and apathy toward your spouse. Many feel as if they no longer have anything in common with their spouse since they have shared their child and the duties of parenting for the past decade. Although this can create a distance between spouses, there are various coping mechanisms for those who feel their emotions may be causing conflict.
Am I Wealthy Enough for an Estate Plan?
Television and movies are partially to blame for vast misunderstandings about wills, trusts, and other estate planning tools. On TV, the only people ever talking about a will are older wealthy individuals. Some people may even believe that only the rich should make estate plans. However, nothing could be farther from the truth. Estate planning is a step that everyone should take, regardless of wealth or status.
Estate Planning Saves Your Surviving Family Members Burdensome Decision-Making
One of the most overlooked elements about wills and trusts is the benefit that they bring to the surviving family members of the deceased. When a person without a will passes away, their surviving family and friends are left to guess what the deceased person would have wanted regarding property and final wishes. This is a lot to ask of people who are already suffering the grief of losing a loved one. Even if your will only covers a few small pieces of property, putting your wishes in writing saves your loved ones from the emotional burden of making inheritance decisions on your behalf.
Paying for College as a Divorced Parent
Seeing your child receive a college acceptance letter is a proud moment for many parents. You get to see how your parenting, your child’s education, and their hard work helped them get an opportunity to pursue higher education. This can also bring financial stress. It is no secret that college is costly, especially for divorced parents.
Can the Court Make You Pay?
The Illinois court system, like various other states, was previously allowed to require a child’s parents to contribute a certain amount of money toward their child’s college fund. There is not an exact formula for calculating each parent’s required contribution. However, the amount parents can be ordered to pay cannot exceed the amount of tuition, room, and board for that particular year at the University of Illinois at Urbana-Champaign. Determining these obligations can become even more complex in the case of multiple children, and depending on which parent the children live with, it could be difficult to determine who should pay what amount.
How is Child Support Calculated in Illinois?
When going through a divorce with children, setting up child support payments are an important facet for most divorcing couples. This is often legally required to try and balance the parental responsibilities and expenses of both parents. There is no set algorithm used by judges, however, there are a variety of factors that consistently play a role in determining child support.
What is Considered in Child Support Calculation?
The first part that is considered, aside from a parent’s finances, is the amount of time being spent with the child. Most parents share custody but do not equally divide their child’s time between one another. This can be too difficult on the child and the parents since a consistent schedule is important for a child’s success. As a result, judges have the parent who spends less time physically caring for the child to pay a set sum to compensate for the disparity.
Why You Should Consider Hiring an Estate Planning Professional for Your Will
Nearly everyone appreciates saving money on a good deal. However, when it comes to do-it-yourself estate planning, not every “good deal” is as good as it appears. Online estate planning services are more prevalent than ever, but many legal professionals worry that some of these websites are not being honest about how beneficial their services really are. Read on to learn about the pros and cons of DIY wills as well as how you can ensure that your estate planning documents will be legally binding.
DIY Wills Are Not Personalized to Your Unique Needs
One of the biggest differences between DIY or online estate planning services is that these programs are almost always one-size-fits-all solutions. Because these services have to work for a wide range of individuals, there is very little personalization to the plans. If you have complex assets, a blended family, a second marriage, or other unique circumstances, you are not likely to have these specific needs addressed by an impersonal website. Some of these online programs do offer personal advice from professionals, but this is often an additional service which costs quite a bit more.
Eliminating Same-Sex Discrimination Within Adoption Agencies in Illinois
Historically, same-sex couples have had difficulties adopting children. In the past, this could be attributed to the lack of social acceptance of homosexuality. This social misunderstanding and form of discrimination have significantly faded in recent years.
The State of Michigan Takes Action
Adoption agencies are a helpful resource many couples utilize when they hope to grow their family. Although there are secular agencies, many adoption agencies are religious-based, and thus let their faith’s beliefs determine who can or cannot adopt a child. It is common for religious agencies to deny same-sex couples. This is the case in Michigan for couples from Dimondale and Detroit.
Kristy and Dana Dumont and Erin and Rebecca Busk-Sutton are two couples who were turned away by two different religious adoption agencies for their sexual orientation. Bethany Christian Services and St. Vincent Catholic Charities told the women they could not utilize their services based on religious reasons. Rather than accepting this denial of assistance, the women took the discrimination to court, joining an American Civil Liberties Union lawsuit in 2017.
A Primer on Trusts for Estate Planning
Even if you do not know how to write one that is valid, you probably know what a will is. Or, maybe you are more familiar with the longer name of a “Last Will and Testament.” There is a good chance that you know that most people create a will to direct how their property will handed down to the next generation after they die. You may also have heard of trusts, but you may be unsure as what a trust actually is. Fortunately, we can help you develop a better understanding of trusts and how they can be used in estate planning.
Trust Basics
All trusts are formal instruments that allow the creator of the trust—called a “grantor” or “trustor”—to transfer ownership of his or her property into the trust to be managed by another person or entity—called a “trustee”—for the benefit of a third person or persons—called “beneficiaries.” Several different kinds of trusts can be used for estate planning purposes, each with its own set of rules, requirements, and potential advantages. All of them, however, are similar in structure and hold assets to be transferred at a later time—usually after the death of the grantor.
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