Recent Blog Posts
The Challenges of High Net Worth Divorce
The process of property division is often a challenging part of any divorce. However, when high net worth comes into the equation, things can get extremely complex and very contentious. It is a good idea to engage a qualified attorney to help guide you and your soon-to-be-former spouse through with a minimum of trouble.
“High Net Worth” Defined
The term “high net worth” divorce is actually somewhat of a misnomer, because a couple does not necessarily have to be particular wealthy to fit this category in divorce law. Rather, they must have assets that can be complex to divide; it just so happens that in many instances, complex assets include many that are extremely valuable. Not everyone has assets such as specific types of retirement accounts, antiques, or complicated investments, and it can require more skill and time to handle them effectively.
- Common types of assets seen in high net worth divorces include:
Review Your Estate Plan Following a Divorce
When you get divorced, virtually your entire life is affected. Your relationship with your children changes, your living arrangements are different, and even your outlook on the future is likely to evolve. A divorce can also have a dramatic impact on the viability and the appropriateness of your existing estate plan. If you have recently gone through a divorce, it is a good idea to sit down with your lawyer and go over the details of your will, trusts, and any other estate planning tools you have in place.
Changes in What You Own
One of the most important reasons to update your estate plan after a divorce is the potential change to the property that comprises your estate. According to Illinois law, marital property must be divided equitably between divorcing spouses, which means that you probably own less now that you did when you were married. If your estate plan only makes general references to the property in your estate, the existing terms may be sufficient. Many estate plans, however, contain provisions for specific items or assets such as a particular vehicle or the family home. In the wake of your divorce, you may no longer own these assets, thus making an update necessary.
Making Funeral Arrangements in Advance Can Save Your Family Money and Heartache
“It’s what he would have wanted.”
We have all heard this phrase used by surviving family members of a recently deceased person as a justification for taking certain actions. Too often, we say such things to make ourselves feel better about the decisions we are making on behalf of the decedent, rather than knowing for sure that what we are doing is what he or she actually wanted. Unfortunately, many families are left to figure out what their loved would have wanted because that loved one never wrote down his or her wishes as a part of an estate plan. This is especially common regarding funeral arrangements as the thought of making such decisions can be extremely difficult.
Save Your Family the Trouble
While it is understandably tough to confront your own mortality, the reality is that we all will die one day. With that in mind, you have two choices regarding your funeral and related arrangements. You could leave everything for your surviving family members to decide after your death or you could make plans in advance.
How Divorce Can Negatively Affect Women
In the past, divorce proceedings were often heavily biased against wives, for a multitude of societal and anthropological reasons. Society has changed over time, as one might expect, but there are still very different issues that women face after a divorce than those affecting men. Women—especially older women—are often put in positions they are unfamiliar with and may require help in handling.
Financial Issues
One of the major issues that many women face, especially older women, is that financial concerns are often foreign territory. Especially in marriages among older people, finances are traditionally the responsibility of men, so women after divorce may find themselves at a disadvantage in handling their money. An experienced divorce attorney may be able to advise on how to keep your assets safe. For example, a living trust may be an effective way to keep your assets in a form that cannot be accessed by creditors.
Common Mistakes People Make With DIY Estate Planning
In today’s world, you can Google a “how-to” on nearly anything. Want to build a playhouse for your children? There are YouTube videos to show you how. Trying to become a better writer? A quick search can offer you thousands of workbooks, prompts, and exercises. Need a will or a power of attorney document? Countless resources are available to help you skip the “hassle” of hiring an estate planning lawyer. Unfortunately, a do-it-yourself estate plan is rarely a good idea, as even a small mistake can have significant consequences.
Retaining an estate planning attorney may seem unnecessary, especially as you draft your documents. At the very least, however, you should have a lawyer review your will and any other documents before you sign them to ensure that you do not become a victim of:
Selecting the Wrong People
Dividing your assets is only part of the estate planning equation. Your plan can also address what will happen regarding your finances and health care if you become disabled or incapacitated. Choosing powers of attorney for health care or property is an important decision. You must pick someone who is trustworthy, willing, and capable of making decisions on your behalf, and all three elements are crucial.
Guardianship for Disabled Adults in Illinois
Disabled adults are in a difficult position in our society. Some require extensive support in their daily lives. Others require far less, but still may have markedly different experiences than able-bodied people. Each person’s situation is unique, and Illinois maintains guardianship laws that allow for maximum flexibility. The goal is to ensure that some of the most egregious abuses of the disabled occur far less frequently in the state than in others with more traditional guardianship regulations. If you are the relative of a disabled adult and are considering applying for guardianship, it is imperative that you familiarize yourself with Illinois regulations.
Degrees of Guardianship
Illinois law makes allowances for the fact that there are varying levels of mental and physical disability, and that one level of guardianship is not sufficient to encompass the varied experiences of such people. Unlike many other states, Illinois law states explicitly that the mere existence of a mental or physical disability is not sufficient grounds to require guardianship. It must also be shown that the disabled person is incapable of making or communicating responsible decisions about their personal care, their finances, or both.
Digital Estate Planning Concerns
If you have taken the time to create a will or any other instrument of estate planning, you are already better off than more than half of American adults. When drafting a will, most people consider most of their physical belongings along with investments or savings kept in the bank or at other financial institutions. Digital assets, however, often go overlooked, as many people do not even remember that they exist when they sit down to develop their estate plans. Some may not even know what digital assets are.
What Are Digital Assets?
Do you have a library of e-books from Amazon? What about a collection of songs from iTunes or apps from Google Play? These are some of the most common examples of digital assets. With the advancement of online technology, there are more types of digital assets today than ever before. In addition to e-books, programs, and music, digital assets also include pictures, data, visual designs, artwork, and online accounts for gaming, entertainment, and social media. If you have even one these types of assets—and since you are reading a blog right now, you probably do—it is important to develop a plan for dealing with them after your death.
Protecting the Rights of Unmarried Fathers
Today, more and more couples are choosing to forgo marriage for a variety of reasons. Some are political, others economic, and still others simply out of lack of interest in legally validating the relationship. However, there are some areas of the law in which not being married can actually be a hardship, and the paternity of your children is among the most pressing. If you are not married to your child’s mother, it is imperative that you be aware of your rights going forward, especially if you want to be involved in your child’s life.
Establishing Paternity in Illinois
Illinois law defines paternity and the father-child relationship fairly extensively, and it is important to understand how to proceed. The Illinois Parentage Act lays out a list of methods by which a man’s paternity may be acknowledged and legally verified. Generally, paternity is established in Illinois when:
- You are married to the child’s natural mother during conception, gestation, or birth unless the mother is a signatory to a valid surrogacy contract;
When Should You Draft a Will?
It is understandable that many people are put off by the idea of sitting down and creating a will. Doing so requires a person to face the reality that he or she will not live forever. While this is something that we all know, it is often much easier to avoid confronting the idea in a direct way. Perhaps that is why as many as 60 percent of American adults have yet to draft a will or other elements of an estate plan. You should know, however, that by taking the time to write up your will, you could save your surviving family members a great deal of stress, aggravation, and money down the road.
At the risk of sounding cliché, the right time to draft a will is now. Every adult should have a written plan for what will happen to his or her property—no matter how simple or modest the estate may be—upon his or her death. That being said, there are certain events in a person’s life that should prompt him or her to think about the future and draft a will. If you already have a will, these same events should encourage you to review your will to make sure that it is up to date.
Parenting Time Interference Presents Problems
In Illinois, parenting time is established by your divorce decree or a stand-alone custody order and is not to be interfered with out of any misplaced belief that you are entitled to do so. What people do not understand, however, is that in many situations, attempting to interfere or interfering with your former spouse’s designated parenting time may actually render you liable for civil damages, and it may adversely affect your existing parenting situation. You must understand what constitutes interference and what does not.
Civil vs. Criminal Action
While interference with visitation is not uncommon, it rarely becomes a persistent problem because there are multiple remedies of both civil and criminal varieties that can be employed against the offending spouse. The Illinois Criminal Code classifies interference with parenting time as a petty offense, but if it occurs more than twice in the same circumstances, it is a class A misdemeanor. This may not sound like much of a punishment, but even a misdemeanor incurs fines, court appearances, other inconveniences that may cause a person to think twice about acting in such a fashion again. It may be difficult to convince prosecutors to file charges for such an offense, but the option exists in the law.
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