Posted on February 06, 2020 in Estate Planning

If you have started looking into creating an estate plan, you may have come across advertisements for do-it-yourself estate planning or will creation services. At first glance, these services often look very appealing. The advertisement may claim that creating an estate plan through the DIY program will save you time and money. It may even explicitly state that you do not need a lawyer to create an estate plan. Unfortunately, these advertisements lead many people to make estate planning mistakes that end up costing them (or their surviving loved ones) much more time, money, and frustration than they would have spent through traditional estate planning.

Only a Lawyer Can Offer Personalized Estate Planning Legal Guidance

One of the major limitations to online DIY estate planning is that it is a one-size-fits-all approach to drafting an estate plan. There may be several basic documents available such as a will, healthcare power of attorney, and financial power of attorney available through a DIY site, but not lesser-known estate planning instruments. Unlike a website, an estate planning attorney can help you figure out which documents will best fit your needs and which documents you can do without.

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 Posted on February 03, 2020 in Child Custody

Domestic violence touches the lives of countless families in Illinois and across the United States. The National Coalition Against Domestic Violence estimates that nearly 40 percent of Illinois women and over 25 percent of Illinois men have been the victim of intimate partner physical abuse, sexual abuse, or stalking. On a national scale, one out of every 15 children are exposed to domestic violence every year. Being witness to domestic violence can dramatically impact a child’s wellbeing. Consequently, Illinois courts heavily weigh accusations of domestic violence when making determinations about child custody and parenting time.

The Effect of Domestic Violence on Children

The Illinois Domestic Violence Act of 1986 describes domestic violence as abuse as well as “interference with personal liberty or willful deprivation.” Domestic violence can include physical violence, threats, psychological manipulation, intimidation, gaslighting and more. When children witness a parent physically or mentally abusing the other parent, it has a profound effect on them. Children who are witness to domestic violence are much more likely to experience depression, anxiety, verbal, motor, and cognitive issues, aggressive behavior, insomnia, and other problems.

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 Posted on January 31, 2020 in Child Support

Child support payments are typically ordered by the court as part of a divorce decree, but child support payments can also be included in a legal separation agreement. In some cases, both parties may mutually settle upon the payment arrangement. Regardless of the situation (divorce or separation), there are laws in Illinois that ensure that child support orders are enforceable. However, even though child support orders are legally binding, some parents may still struggle to collect payments from a former spouse or partner. Disagreements over late, missing, or inadequate payments can create heated disagreements and high tension in both newly divorced couples and partners who have long been separated. If you are struggling to collect child support payments, a knowledgeable child support attorney can advise you of your legal options.

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 Posted on January 29, 2020 in Estate Planning

Although it is a subject that many Americans would rather not think about, eventually our individual lives will end and our loved ones will inevitably be left with burdens, be it emotional, financial, or both. Decades ago, when someone passed away, there were no credit cards, families did not travel as much, and divorce was taboo. Everything that was left behind generally either went to the state or the family members left behind. With the growing complexity of family structure in conjunction with our spending habits, the need has arisen to secure a plan for after we die. Legal documents such as wills, trusts, and other estate planning measures can help protect the future of your loved ones after you pass.

Know the Difference

The best and most direct route of starting the process is to know which option is best for your current circumstances. It may be that none of the options are a completely perfect or it may mean that multiple options will help achieve your goals. No matter the case, it is necessary to understand the each option.

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 Posted on January 23, 2020 in Family Law

When a married couple is struggling to live in harmony under the same roof, one person usually moves out of the shared residence. The distance and time apart may allow the couple an opportunity to work through relationship problems and determine their next steps. For a couple who can no longer reside together, there are several options available, including divorce and legal separation. If you are struggling in your marriage and would like to discuss your next steps, a family law attorney can explain your rights and your legal options.

What Are the Differences Between Legal Separation and Divorce?

A divorce legally dissolves the marriage between two individuals, while a legal separation acknowledges that the couple is still married but lives apart from each other. Divorce is a permanent decree, but legal separations may be either temporary or permanent. A couple who is legally separated may eventually decide to file for divorce, but they also have the option to end the separation and reunite. It is important to note that during the legal separation, the spouses may not get married to anyone else.

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 Posted on January 22, 2020 in Wills and Trusts

Being the parent of a physically or intellectually disabled child comes with a variety of special challenges. When your child struggles to adequately care for himself or herself due to a disability, you may worry about what will happen when you are not around to help him or her. It can be an uncomfortable reality to consider but making plans for the care of your disabled loved one for after you pass away will give you tremendous peace of mind. One option that many parents of disabled minor or adult children utilize is a special needs trust.

How Does a Special Needs Trust Work?

A trust is a financial instrument often used in estate planning that places assets under the authority of a trustee. In a special needs trust, the trustee is legally obligated to follow the directions contained in the trust and use the funds contained in the trust for the benefit of the disabled individual. The assets held in a special needs trust can be used to pay for your child’s home, living expenses, education, personal care attendant, out-of-pocket medical expenses, recreation, and more. One way to set up a special needs trust is to name yourself as the trustee and name another trusted individual, such as another one of your children, as a successor trustee. When you pass away, the successor trustee becomes responsible for using the assets in the trust for the benefit of your disabled child.

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 Posted on January 17, 2020 in Family Law

Adopting a child can be one of the most rewarding decisions a person ever makes. There are several different avenues for adoption available to Illinois residents. These include private adoptions, adoptions through an adoption agency, foster child adoption, stepparent adoption, international adoption, and more. In some circumstances, the parties involved in an adoption may choose to have an “open adoption.” In an open adoption, the birth parent or parents continue to have contact with the child even after the adoptive parents have become the legal parents of the child.

Benefits and Drawbacks of an Open Adoption

Before recent decades, nearly every child or infant adoption was a closed adoption. Once the adoption was finalized, the birth parents did not have contact with the child or the adoptive parents. Closed adoptions are still common in international adoptions but are increasingly less common with other types of adoption. When an adoptive family decides to have an open adoption, they may be able to develop a positive relationship with the birth parent or birth family. This can be hugely beneficial to the child as well as the adults involved. The child may also enjoy a better sense of identity and understanding of who he or she is than might have been the case in a closed adoption.

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 Posted on January 16, 2020 in Family Law

When a couple decides to end their relationship, it is probable that at least one of them will no longer live in the home they once shared. In some cases, both spouses may move out of the marital home following divorce and relocate to smaller dwellings. However, while moving to a new home may be necessary, parents should be aware of the restrictions that may apply when they plan to move with their children. In some cases, parental relocation may require approval from the court. If you are not sure how a potential move may impact your rights as a parent, you should speak with an experienced family law attorney to learn more about the child relocation laws in Illinois.

Why Do Relocation Restrictions Exist?

The parental relocation laws in Illinois have been put in place to protect a child’s bond with both of his or her parents. In cases that meet the criteria for relocation, the relocating parent must give the other parent at least 60 days' notice prior to the move, and they will need to receive approval from the court for any modifications to the parties' parenting plan. These restrictions ensure that all moves are made in good faith and that a proposed relocation will protect the best interests of the child.

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 Posted on January 15, 2020 in Powers of Attorney

People vary dramatically in their feelings regarding medical treatment. Some people want every possible medical intervention to be taken, even if those medical treatments will only slightly extend the duration of their lives. Other people only want the bare minimum actions taken if they become seriously ill or injured.

Have you ever considered the types of medical treatments you would want to undergo if you became extremely sick? What if you were too sick to express these wishes? A power of attorney for healthcare is a type of estate planning instrument that can allow you to take your future medical care decisions into your own hands.

Health Care Power of Attorney Basics

Through a power of attorney for health care, you can designate someone to make medical decisions on your behalf. The document gives this individual authority to make decisions about your medical treatments if you cannot do so yourself. Instead of a doctor who you may have never met making these decisions-and who might not share your personal values-you can entrust these important decisions to someone you know and trust. The individual you designate to speak on your behalf is called a health care proxy or agent. Your proxy may be a close friend, spouse, family member, or anyone else you choose. Once you have chosen who your proxy will be, you can have a conversation with him or her about the actions you do and do not want taken if you become gravely ill.

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 Posted on January 09, 2020 in Child Custody

The dissolution of a marriage not only affects the divorcing couple but also any children in the family. Divorce often creates new living situations due to new jobs for the parents, which can result in a different school environment for kids. In some cases, one of the divorcing parents may move out of the family’s town or even out of the state. If you are facing a long-distance relationship with your child, speak with a knowledgeable family law attorney to learn about your rights and options and how a parenting plan can resolve these important issues.

What Is a Long-Distance Parenting Plan?

During a divorce, there are many details to sort out, and a divorce with children in the picture can be even more complex. The important child-related matters that parents will need to address include parenting time (formerly known as visitation) and the allocation of parental responsibilities (formerly known as child custody).

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