Recent Blog Posts
Estate Planning in the 21st Century: Digital Assets and Social Media Accounts
When most people think about estate planning, their minds immediately turn toward dividing the tangible assets of a recently deceased person among his family members and loved ones. Such a concept is not inaccurate, but it does not really tell the whole story. Traditional assets like homes, cars, cash savings, and furniture, of course, must be accounted for in your estate plan, but what about considerations made possible by modern technology like digital downloads and your Facebook account? An experienced estate planning lawyer can help you address such concerns so that your privacy is fully protected along the way.
Digital Assets
If you use your computer, tablet, or mobile phone with any regularity, chances are good that you have at least digital assets. These may include songs and movies downloaded through iTunes, funds left in a PayPal account, or scanned financial documents electronically stored on your computer. With internet security becoming such a hot-button issue, it can be difficult for a family member—presuming that he or she knows about the asset in the first place—to log in, make changes, or delete the account.
Important Questions to Ask Your Divorce Attorney
When divorce becomes more of an eventuality than a possibility, you will need to begin thinking about the attorney you will hire to protect your interests. Technically speaking, you are not required to retain legal counsel during a divorce, but to proceed without one can be a costly mistake.
There are literally hundreds, if not thousands, of attorneys to choose from in the greater Chicago area, so how do you know which one is right for you? During your search, you should compile a list of several law firms or lawyers whose values seem to align with yours, then schedule an appointment to meet with them. It is also helpful to prepare a list of questions that can help you determine the best choice. These may include:
- How long have you practiced family law? – While young lawyers certainly deserve a chance to prove themselves, there is no substitute for experience. It is also worth finding out how much of the attorney's practice is dedicated to divorce and family-related matters. If your candidate is a personal injury lawyer who handles one or two divorce cases per year, you may want to look elsewhere.
Parental Alienation: What Is It and What Can You Do About It?
While there are certain exceptions, most children fare best after divorce when they have a lasting and healthy relationship with both of their parents. Unfortunately, there are situations in which one parent tries to interfere with the bond that the child has with the other parent. This is known as parental alienation, and it can have a serious impact on the mental and emotional well-being of a child. Learn how to spot its symptoms, and what to do if you suspect that it is happening to you and your child.
Symptoms of Parental Alienation
During and after a divorce, emotions are high and couples are often struggling to find a new way to communicate and get along. This is just a part of the process, and there are bound to be a few bumps along the way. After all, it can take time to perfect the drop-off, pick-up, and parenting time schedules. This is different than parental alienation, which is an intentional interference with another parent’s relationship with their child. Symptoms that indicate this insidious and damaging behavior may include:
Four Reasons for Estate Planning That Have (Almost) Nothing to Do With Money
When most people think about estate planning, they think of wills, inheritances, and other ways to pass down a person’s property and assets to their heirs. Such an image is not necessarily wrong, but it certainly does not tell the whole the story. There are a number of reasons for estate planning that have very little to do with money and possessions, which makes the process important for every family, regardless of wealth or net worth.
1. Control Over Privacy
Without proper planning, your estate will be required to go through the process of probate, which is often long, cumbersome, and unpredictable. Probate is also a matter of public record, meaning your family’s affairs are made available to the general public. By taking steps in advance, you can limit the impact of the probate process and possibly avoid it altogether. In doing so, you can keep your personal details within your chosen circle.
Reasons for Limiting Parenting Time
As a parent, there is nothing more important to you than the safety and well-being of your child. If you share parenting responsibilities or even just parenting time with your former partner, you can only hope that he or she shares your focus on your child’s best interests. But, what if he or she does not? What if he or she is not able to separate his or her own wants and needs from those of your child? Can you do anything about it? The answer—as with most aspects of divorce and family law—is that it depends on the specifics of your situation and whether your child is in serious danger.
Be Objective
Illinois law provides a court with the authority to limit a parent’s time with his or her child if such parenting time presents a serious danger to the child’s physical, emotional, mental, or moral health. What constitutes a serious danger is left to the interpretation of the court. You, as a parent, are very close to the situation, and you may find it difficult to determine what is a serious danger and what is simply parenting in a different manner than yours.
Does It Pay to Work Past Age 65?
It seems that, with each generation, the golden age of retirement increases. Decades ago, many people retired at 62. Then that number was pushed to 65, where it hovered for quite some time. However, over the past few years, many people are encouraged to keep working until they are at least 67 years old, or even older. But, does working past 65 help or hurt your retirement objectives or your estate planning goals.
There are benefits to continuing to work past 65. You will be adding more funds to your retirement accounts and allowing the interest to accumulate. The longer you are earning income, the shorter the time will be that you will actually be relying on retirement funds to support you. If you do keep working, however, there are definitely issues you will have to address in order not to be penalized.
Medicare
The first issue is Medicare—a federal program designed to provide health care coverage for those 65 and older and the disabled. It is important that you sign up for Medicare on time. A person is eligible to enroll during a seven-month window that begins three months before their 65th birthday. If you miss this window, your premiums for Part B will be 10 percent more for every 12-month period that you delay your enrollment.
Keeping the Divorce Process Amicable
A divorce, as most people are aware, can be a nasty, volatile affair. Parties who were once so in love that they agreed to spend the rest of their lives together can quickly become fierce rivals who can no longer stand to be in the same room as one another. Each aspect of such a divorce becomes a small battle in the war to see who will “win” in the end.
Many who are considering divorce fear that their situation will deteriorate to similar levels of contentiousness and hostility. The reality, however, is that divorce does not need to be this way. Rather, it is possible for a couple to end their legal marriage while remaining civil, respectful, and even somewhat friendly throughout the process.
Redefining Winning
In order to keep your divorce amicable, you will first need to decide what “success” in your divorce means to you. Do you need to keep the marital home, the flat-screen television, a car, and secure primary responsibilities for your children without regard for what your spouse wants? Or would you prefer a situation in which you and your former partner each have enough resources to support yourselves and in which your children are happy and loved? An amicable divorce is not a competition; it is a negotiation in pursuit of a reasonable compromise.
Angry Texts and Emails Can Affect Your Parenting Time
In today’s fast-paced world, we can communicate more quickly than ever before. While the telephone has been around for almost 150 years, only recently have we developed the technology to take our phones—and now our computers—with us wherever we go. Now, we can instantly reach and out touch friends and family members anywhere in the world with just a few taps on our smartphones. Instant communication, however, can also be a curse, especially for a divorced parent who is prone to angry outbursts, as texts and emails full of insults and vitriol can quickly find their way in front of a judge.
Reaching an Equilibrium
If you are a parent who has gone through or is going through a divorce, you have probably experienced highs and lows in your post-separation relationship with your former partner. It is entirely understandable that you will have disagreements. You may have different philosophies regarding life in general, as well as many various aspects of parenting. There is a reason—probably many reasons—that you are no longer together so a somewhat tenuous relationship is to be expected.
The Power of a Special Needs Trust
As you look ahead to a time when you will no longer be around to care for your loved ones, you have probably given a great deal of thought to those who rely on you the most. You may have a son or daughter or even a sibling with a disability or other types of special needs who is unable to care for him- or herself. While you may have been able to care for a loved one with special needs during your lifetime, providing for him or her after your death could present significant challenges and may require you to establish a special needs trust in your loved one’s name.
What Is a Special Needs Trust
A special needs trust, sometimes called a supplemental needs trust, is a tool that can allow the assets placed under the trust to be used for the care of a person with a disability or special needs without affecting his or her eligibility for government assistance programs. Special needs trusts are often funded by large, lump-sum settlements or through gifts and inheritances. Without a properly-drafted special needs trust, leaving part of your estate to a loved one with disabilities could potential disrupt the delicate balance of government aid programs upon which he or she relies.
Same-Sex Couples Encouraged to Consider Adoption, Foster Care
The Chicago Tribune reports that there are currently more than 17,000 children in Illinois who are in foster care, with over 6,000 of them being cared for by non-relatives. In addition, there are approximately 1,000 children available for permanent adoption in the state on any given day. With so many children in need of loving homes, state officials are always looking for more couples and families who are willing to provide stability and care.
“We just don’t have enough people who have stepped forward,” said Susan McConnell, founder of a regional nonprofit group that advocates for adoption and foster care. Her group, Let It Be Us, has joined with the Illinois Department of Children and Family Services to promote participation in the state’s adoption and foster care programs among gay and lesbian parents. “We think that in the (LBGT) community,” McConnell continued, “there are people who would be good parents.
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