Recent Blog Posts
Should You Contest Your Loved One’s Will?
When you are dealing with the loss of a family member or loved one, financial and property considerations may be the furthest thing from your mind. In the weeks that follow, however, your intense emotions are likely to subside, giving you the space to think about your loved one’s estate and his or her will. Depending on your relationship to the person and his or her accumulated property, you may be expecting a sizable inheritance. But what happens if the terms of the will are not what you expected? What if your inheritance is less than you were promised? According to Illinois law, you may have the option of contesting your loved one’s will, but doing so may not always be the best choice.
Contesting a Will
The law provides certain people with the right to file a will contest, including those who would have some claim to the decedent’s estate if the person had died without a will as well as those named in previous wills. This means that if the person who died was a family friend rather than a relative and you were never named in any version of his or her will, you have no standing to contest the final will.
When to Date Again After Divorce
Ending a marriage through a divorce can leave a gaping hole in your life. You may feel lonely, depressed, unwanted, and bored. The way you used to spend your time and energy has changed, and now you want something new. Some divorcees want to avoid relationships for a time after splitting from their spouse while others are eager to start dating again. Is there a right time to start dating after getting a divorce?
Dating Before Your Divorce is Finalized
“Life happens” as the saying goes and sometimes you meet Mr. Right or Ms. Right before you are technically divorced. Many experts agree that dating during a divorce is not the wisest choice. You may choose to pursue a new relationship at this stage anyway, but there are a few things to keep in mind.
If you have children, it is very important to consider how dating a new person will affect them. The separation of you and your spouse was most likely very traumatic to them – even if they are not currently showing it. Children often feel confused, unloved, and afraid during a separation. Their family dynamic is changing dramatically, and it is hard to them to understand this and adapt to it regardless of their age.
Why Do We Put Off Estate Planning?
Deep down, most of us understand why having an estate plan in place would be a good thing. We know that we want our property and assets to be distributed among our family member or chosen charitable organizations. Put another way, we realize we “can’t take it with us” when we die. Despite these realities, more than half of American adults have not taken the time to draft a will, let alone develop a comprehensive estate plan. There are many possible motives why this may be true, but most tend to procrastinate on estate planning for largely the same reasons, including:
Death Is Scary
In a society that places such a high value on longevity and advances in health care, it should hardly be a surprise that people are hesitant to confront the idea that they will die at some point. That said, death will, one day, be a reality for everyone, and no matter what your beliefs may be regarding religion or the afterlife, your family members and your assets will be left behind. While our own mortality may be difficult, it is worth being uncomfortable for a little while to ensure your loved ones are provided for in your estate plan.
Protecting Your Children During Divorce
The decision to divorce is not one that is made easily. This is especially true for those that have children who are sure to be impacted by the complex process. To bring awareness to the struggles that children face in divorce and to help parents better understand how they can improve their child’s ability to cope and adjust, The Child of Divorce—an advocacy group for children—has created and recently released an emotional but educational video. The topics discussed in the video are extremely relevant to many families and provide tips that parents can use during their divorce.
A Child’s View of Divorce
Parents are often—and understandably—shaken, troubled, and possibly even shocked by the changes that divorce brings. Children experience many of these very same emotions but in a very different way. They often feel that the very foundation of their world is crumbling. All that was once stable, safe, and secure is changing, and they have no control or say over the matter. Yet they still feel a strong attachment to both parents. When the parties become more focused on “winning,” and less on the emotions and well-being of their children, young ones can feel as though they are being asked to choose. No child should ever be placed in this position.
The Basics of Trusts in Estate Planning
While you may not know the specific requirements that make one valid in the eyes of the law, you are probably familiar the concept of a will. You most likely realize that most people use a will to specify how their assets will be handled after their death. Many individuals also utilize trusts in the process of estate planning. But, what exactly is a trust and how can they help with your estate planning needs?
What Is a Trust?
A trust, at its most basic, is a fiduciary relationship that allows a person—a trustor—to give the right to hold property or assets to another person—a trustee—for the benefit of a third party or parties. There are several types of trusts that are commonly used in estate planning, but each of them has a similar structure. Assets and property are typically placed in a trust to be distributed at a later date—or over time—to the trustor’s named beneficiaries.
Protecting Your Finances in Marriage: Beware of Gold Diggers
We have all heard the phrase “love is blind.” Many of us have even fallen victim to it ourselves. It is not uncommon for a person, when he or she first falls in love, tend to only see their partner’s good points while ignoring their faults and evident warning signs. This is likely to be a contributing factor to many divorces, especially for couples who marry after only knowing each other a short time.
Such is often the case for people who marry someone, only to find out later that their spouse is a “gold digger.” The word gold digger refers to a person who begins a romantic relationship or marries a partner because the partner is wealthy or well-connected. These relationships are also referred to as romance scams. Although it is common to think that only women are gold diggers, there are many cases in which men are just as guilty.
Know the Warning Signs
There are indications that may suggest the person who you are thinking of marrying is not who or what they say they are financially. Some of the red flags to look for include:
How to Include Your Caregiver in Your Will
As you age, it is not unreasonable for your needs to change. Depending on your physical and mental health, you may require more personal and medical care than you once did. While your family members and loved ones may be willing to help, they may not always be equipped or able to do so. In such cases, you may need to depend upon a caregiver with whom you have no family or personal relationship—at least at the beginning. Over time, you may become very close with your caregiver, possibly even close enough to consider including him or her in your will.
Legal Protections
In 2015, Illinois lawmakers amended to the Illinois Probate Act to provide additional protections for those who are under the care of non-family caregivers. The amendment created the presumption that any transfer of property exceeding $20,000 to an unrelated caregiver is fraudulent if the transfer is challenged. According to the law, the presumption of fraud would invalidate the will or trust making such a transfer.
Divorce and Moving Out of Illinois
A divorce can complete reshape a person’s life. In addition to possibly forcing you to live off a single, your divorce may also create concerns regarding child custody disputes, alimony payments, and the challenges of finding a new place to live.
Separated spouses may live in different states, or one spouse may wish to move out of state after the proceedings. If you or your former spouse plans to leave the state, there are several factors to consider. Depending on the circumstances, it may be necessary to postpone the move.
Moving Before and After Filing for Divorce
Before a person can file for divorce, he or she must meet certain residency requirements so the courts can establish appropriate jurisdiction. Residency requirements may vary from state to state. In Illinois, at least one spouse must be a resident for a minimum of 90 days before filing the petition for the dissolution of marriage.
Helping Your Children Cope With Divorce
The aftermath of a divorce is often the most difficult for the children involved in the process. Children of divorced parents tend to face extreme emotional conflict and upheaval. It is, therefore, imperative for parents to ensure that their children feel loved, supported, and heard. There are four key strategies to keep in mind when trying to help a child understand and navigate divorce.
Discuss Divorce Appropriately
Children need to feel included when major changes impact the family; it is completely unfair and counterproductive to keep them in the dark. If divorce is looming, it should be discussed with the children as soon as possible. Ideally, you will be able to find a quiet, familiar place where everyone can sit down and talk. Children do not need to know all the details involved with the pending divorce. However, they do need to know the basic facts of the situation and these facts should be presented to them in an age-appropriate manner.
Protecting the Rights of Fathers
For many fathers, it can be extremely difficult to maintain an active role in the lives of their children. This is especially true for a father who has gone through a divorce or breakup with his child’s mother. In many cases, it feels like the proverbial deck is stacked against a man when it comes to child custody decisions—now known as the allocation of parental responsibilities under Illinois law. Unfortunately, many such issues are based on the persistent public perception that men are less qualified to serve as primary—or even equal—caregivers for their children.
Anecdotal Examples
Recently, a discussion on the social media site Reddit addressed the various ways that men have experienced sexism in their lives. Many responses dealt with female-dominated work environments, physical abuse at the hands of female partners, and distrust from authorities when a man has been the victim of domestic violence. However, there was a substantial number of responses that described the experiences of men when they are seen in public with children—including their own.
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