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Recent Blog Posts

What Happens When You Pass Away Without a Will?

 Posted on August 21, 2019 in Estate Planning

DuPage County estate planning attorneysThere are almost countless ways that drafting a last will and testament can benefit you and your loved ones. With that in mind, it may surprise you to learn that only about 40 percent of Americans currently have a will or other estate planning document in place.

There are many reasons that people choose not to create a will. Some may not understand exactly what the purpose of a will is. Others may inaccurately assume that only wealthy people need a will. Perhaps the biggest reason that people procrastinate estate planning is because it deals with what happens if they become incapacitated or pass away. Although it can be an uncomfortable subject to consider, it is very important for everyone to have a will – regardless of wealth or age. When someone dies without a will, it is often their surviving loved ones who are most negatively affected.

You Relinquish Control Over Significant Financial and Personal Decisions

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When Can I Adjust My Parenting Plan?

 Posted on August 19, 2019 in Child Custody

When Can I Adjust My Parenting Plan?In every divorce involving children, parenting plans must be formulated. Parenting plans, commonly known as custody arrangements, divide responsibilities between each parent. They define responsibilities such as the time each parent is scheduled to spend with their child, who should be the one taking the child to medical visits, and which house the child will reside in. These are just a few of the many responsibilities required of a parent as well as those that are defined under parenting plans. While parenting plans are legally in place until the child turns 18 years old, it is almost impossible for them to last that long without a need for adjustments – situations change and so do children’s needs.

Which Situations Warrant an Adjustment?

As with any legally-binding contract, there must be legitimate proof that an adjustment is necessary. Judges do not simply change parenting plans for the convenience of the parent. There are certain situations that will allow, and even prompt, judges to modify a family’s arrangement. The following are common examples:

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Three Important Topics to Discuss With Your Illinois Divorce Attorney

 Posted on August 16, 2019 in Divorce

Barrington divorce attorney

Planning a wedding requires a lot of work, but getting a divorce has just as many challenges. After being served with divorce papers, it may be difficult to know what to do next. If you and your spouse were married for a long time, going through a divorce means figuring out how to split the life you two created together. Although it is possible to go through a divorce without legal representation, it is recommended to speak with a lawyer to leave the marriage confidently. There are many variables to a divorce, and if your spouse has an attorney, you will be at a significant disadvantage if you do not. An experienced divorce lawyer will know which questions to ask and the necessary actions to take to ensure you get the most out of your divorce settlement.

Marital Issues That Need to Be Addressed

When sitting down with a lawyer, be sure to discuss the following topics regarding your divorce:

Child Support and Custody: How children from marriage are taken care of after the divorce is a big issue in divorce settlements. No parent wants to sacrifice time with their children, but when parents divorce, they need to compromise. Time with and the responsibility of the children are allocated through a parenting plan. A parenting plan is an agreement between parents, and it is signed off by a judge. After a divorce, both parents are still responsible for supporting the children. The court will also order how much child support one parent will contribute to another.

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What Are My Child Custody Options During a Divorce in Illinois?

 Posted on August 15, 2019 in Divorce

Arlington Heights divorce and child custody attorney

A divorce can be considered a good decision for some family units. However, when there is a child involved, the process can sometimes become contentious. Illinois law allows for parents to set up a schedule for child custody, now referred to as “allocation of parental responsibilities.” These are all based on what is in the best interest of the child.

How Is Child Custody Determined?

Most of the time parents agree to the terms of the allocation of parental responsibilities in court. If the parents cannot come to an agreement, then a judge will decide which parent will act in the best interest of the child. The court will decide which parent--or sometimes both--can make the best choice for the child in many different areas, including:

Facing a Serious Health Issue? Consider a Power of Attorney for Health Care

 Posted on August 14, 2019 in Powers of Attorney

DuPage County estate planning attorneyAn unexpected illness or injury can happen to anybody. If you have been diagnosed with a serious health concern, you may worry about how medical decisions will be made if you cannot make them yourself. For example, if you fell into a coma, how would doctors know what type of medical treatment you do and do not consent to? In situations like these, a power of attorney for health care, or medical power of attorney, can allow you to choose a trusted representative who will make medical decisions on your behalf.

Responsibilities of a Medical Power of Attorney

Most people want to have a say in the types of medical treatment they do and do not wish to undergo. If you are worried that your health issues may worsen and you will not be able to speak for yourself in the future, consider choosing a representative through a healthcare power of attorney. This representative, called an agent or health care proxy, should be a person who you trust to follow your directions regarding medical treatment and care.

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Will I Lose the Family Home During My Illinois Divorce?

 Posted on August 09, 2019 in Divorce

Arlington Heights divorce and property division lawyer

When two people decide to get a divorce, it is not only their marriage that is splitting. Everything that a couple built together will be divided. In regards to assets, Illinois is an equitable division state. Unlike a community property state, which splits marital assets 50/50, Illinois divides property based on what is fair. When it comes to the family home, it will be given to whomever the court deems is deserving based on certain factors surrounding the marriage. The other spouse will likely move to another location, and the couple's children will usually split their time between the parents' homes.

Factors Considered for Division

  • Contribution to the marriage: When dividing marital assets, such as the home, the court will review and consider what each spouse contributed to the marriage. If one spouse gave up his or her career to raise children, that can be considered a significant contribution. In many cases, the other parent may have traveled for work and was gone for long periods at a time, so one parent staying home was a necessity to maintain the household. The court also considers economic circumstances such as employment-related issues such as income earned or the income-earning potential of each spouse. This factors into whether or not a person can afford to make mortgage and property tax payments on a house.

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Comparing Wills and Trusts: Which is Right for You?

 Posted on August 08, 2019 in Wills and Trusts

DuPage County estate planning attorneyThe world of estate planning can become quite overwhelming for many people. Not only does estate planning force you to confront your own mortality, there is also a vast array of estate planning instruments for you to choose from. It can be difficult to know for sure what types of estate planning tools and documents will best allow you to reach your personal and financial goals. Two of the most common types of estate planning instruments are a last will and testament and a trust. While these tools can achieve similar goals, there are several importance differences between a will and a trust.

The Benefits of Drafting a Will

You may be surprised to know that only about 40 percent of Americans have a will, trust, or other estate planning document in place. When drafting a will, you must consider how your assets will be distributed to beneficiaries upon your death. Understandably, it can be very difficult for people to make plans for after they pass away. However, creating a will allows you to be in control of how your property is disseminated. You worked hard to earn the property that you have, so it is only fair that you should get to choose how it is distributed and who will receive it. Perhaps even more importantly, creating a will saves your surviving loved ones from the burden of having to guess how you would have wanted your property to be passed down.

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How Do I Know If My Loved One Needs a Legal Guardian?

 Posted on August 07, 2019 in Guardianships

How Do I Know If My Loved One Needs a Legal Guardian?Minors are accustomed to having a legal guardian who makes large decisions for them. While they may have some say in the matter, the final decision is left to the older party. Unfortunately, some individuals must experience this more than once in their life. Older people or those with disabilities often have to allow a legal guardian to take on the "official" responsibility of legal decision-making. Being the party taking on the guardianship responsibility can be emotionally and physically taxing, but recognizing that your loved one needs help could save them from making irreparable legal decisions.

Signs That Your Loved One Needs Help

Guardianships are most commonly issued when someone has a mental disability or when someone’s age affects their clarity of mind. However, just because a person has mental disabilities does not mean that they should have a legal guardian. The purpose of legal guardianship is to make legal decisions for another person when they have the inability to do so. Thus, potential guardians should evaluate their loved one and their ability to engage in the decision-making process. The Illinois Guardianship & Advocacy Commission suggests answering the following four questions to gauge your loved one’s mental capacity for making decisions:

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How Should a Divorce Parenting Plan Address Children's Education?

 Posted on August 02, 2019 in Divorce

Palatine parenting plan lawyer

Divorce brings changes to all members of an immediate family. Instead of giving custody to one parent over the other, Illinois allocates parental responsibility and parenting time through a parenting plan, which is a court order that maps out how a child will be taken care of after divorce. This schedule includes details such as when a child stays with each parent. The parenting plan will also specify how decisions are made for education, religion, and medical care are covered, as well as who has the authority to make these decisions. Things like school and extracurricular activities will be taken into consideration when creating this plan, and it is best if co-parents can communicate with each other about expectations during the school year.

School Issues to Consider

When creating a parenting plan, it is best to avoid disrupting the child’s life as much as possible. There are a couple of things to keep in mind regarding education:

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How Does Remarriage Affect Child Support Payments in Illinois?

 Posted on August 01, 2019 in Child Support

How Does Remarriage Affect Child Support Payments in Illinois?Child support laws vary from state to state, especially in situations where one spouse remarries. Illinois uses an income shares model to calculate how much each parent must contribute to child support. The parents’ combined net income and the number of children will determine their combined child support obligation. Then, each parent will pay a percentage of the obligation that is proportionate to their percentage of the combined incomes. For example, a parent who makes $70,000 of a $100,000 combined income would pay 70 percent of the child support obligation.

The parent who has a majority of the parenting time will receive child support payments from the other parent, regardless of who has a greater income. However, a minority parent with a lesser income is not required to pay as much towards the children’s expenses as the majority parent with a greater income. The equation can change in a shared parenting agreement, which Illinois defines as each parent having at least 146 days with the children during the year. There are also situations in which a parent can request a modification of the child support payment.

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