Posted on October 22, 2018 in Estate Planning

Estate planning is different from any other aspect of the law for one main reason: it focuses heavily on planning for a future the individual creating the estate plan may not be around for. The main purpose of utilizing estate planning tools such as a last will and testament or an advanced care directive is to make plans for end of life care and what happens to our assets after we pass away. While planning for the eventuality of death can be uncomfortable and sad, it is tremendously important. In order to ensure your final wishes will be fulfilled, estate lawyers must ask very challenging questions. However, many people find that preparing for these tough questions in advance makes the entire estate planning process easier. If you have not yet done so, take some time to consider the following questions.

When Do You Want Life Support Ended?

We often think of death as a black-and-white scenario, however it is not always clear when a person’s life is officially ended. For example, the highly-publicized Terri Schiavo case involved an individual in an irreversible, persistent vegetative state. If you become incapacitated like this, do you want doctors to use prolonged artificial life support or mechanical ventilation? When should "the plug be pulled"? An advanced directive or living will gives you the authority to choose what medical treatment you wish to be used around the end of your life. Drafting a document like this also saves your loved ones from having to make these incredibly personal decisions for you.

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 Posted on October 16, 2018 in Child Custody

When parents break up, decisions about who children will live with can often lead to highly contentious disputes. While a court is more likely to recommend joint, or shared, child custody, it is not impossible for a parent to get sole custody in the right circumstances.

Shared vs. Sole Custody

In Illinois, custody is referred to as allocation of parental responsibility. When a parent has sole custody, the child is his or her total responsibility, and the parent will have the right to make decisions about the child’s education, medical care, religious training, and extracurricular activities. The other parent may be granted visitation rights (known as parenting time under Illinois law).

Shared custody means that both parents will share in making decisions about how the child is raised, and the child will typically divide his or her time between parents. This split is rarely 50/50, but even if one parent has the majority of the parenting time, the parents will share responsibility for the child’s upbringing.

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 Posted on October 15, 2018 in Asset Division

When a couple decides to end to their marriage, determining how to divide marital property is often a challenging process. Before division can even begin, the parties and the court must first establish what constitutes the marital estate. Illinois law provides fairly straightforward guidelines as to what is considered marital property and what is not, but, as with most areas of law, there may be some exceptions to the rules. On such variation may include a marital home purchased prior to the marriage, which, by the letter of the law, could be considered non-marital property.

In Contemplation of Marriage

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), assets that are acquired prior to the marriage are generally non-martial property, and those acquired by either spouse subsequent to the marriage are part of the marital estate. By this standard, a home purchased before a couple actually gets married could ostensibly be considered non-marital property, especially if the home was titled in just one party’s name.

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 Posted on October 12, 2018 in Estate Planning

An estate plan generally involves human heirs, such as children and grandchildren, but this is not always the case. Some individuals have non-human dependents to consider. Does that mean everyone should include their pet in an estate plan? Not necessarily, yet it might be worth considering if there is even the slightest possibility that your companion may outlive you. It is important to realize that this provision might be important, and how you can take the first step toward implementing it in your estate plan.

Why Plan for Your Pets?

When the owner of an animal dies or becomes incapacitated, the animal may end up at a shelters, especially if there are no family members who are willing to take on the responsibilities of surrogate pet ownership. It happens so frequently, in fact, that estimates suggest some 100,000 to 500,000 pets are admitted to a shelter after their owner’s death or incapacitation. How do these once companions end up in shelters?

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 Posted on October 09, 2018 in Divorce

Even if you have never experienced it, you probably realize that a divorce can take a tremendous emotional toll on a person. You may also be familiar with the basic idea of dividing marital property. What may not be as obvious from the outside, however, is the potentially devastating effects a divorce can have on the personal financial situation of each spouse, which can be long-lasting and can even result in bankruptcy.

If divorce has become a strong possibility for you and your spouse, there are a few areas of concern that you can address along the way to prevent major financial problems down the road.

Consider the Type of Assets

The division of marital assets is an often contentious part of the divorce process. Although Illinois is equitable distribution state, meaning each spouse’s allocation should be fair, not necessarily equal, you and your spouse will probably try to reach a fairly even agreement. You should keep in mind, though, that certain assets are not as easily converted to cash in the event of unforeseen expenses. For example, if you got to keep the family home while your spouse was allocated an investment account with similar value, you may struggle to sell the home if you were to ever need to do so.

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 Posted on October 09, 2018 in Divorce

Sometimes, when someone chooses to get a divorce, their spouse refuses to agree to the dissolution of their marriage. This may be due to denial or an attempt to control a spouse in the case of domestic abuse, or, in some cases, the couple may have separated, and a spouse cannot be located. If your spouse is refusing to cooperate in your divorce case, you should be sure to understand your legal options.

Irreconcilable Differences

In Illinois, irreconcilable differences are the only recognized grounds for divorce. This means that the couple is not able to solve the issues in their marriage. It is considered a no-fault ground for divorce, which means that neither spouse is to blame for the deterioration of the marriage. If a couple lives separately for at least six months, this is a presumption of irreconcilable differences.

Some common reasons a spouse may refuse to agree to a divorce include:

• Denial - The divorce process brings up emotions on both sides. Your reasons for wanting a divorce are valid, but they may be hard for your spouse to understand. They may feel rejected, and they may wish to try to work things out before signing divorce papers. It is important to be patient and compassionate about their feelings, but you also have the right to end your marriage for whatever reasons you may choose. In order to make the divorce process proceed more smoothly, you may wish to give your spouse some time to sit with the idea of ending the marriage. They may know about the issues, but the prompt of divorce can still be a shock.

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 Posted on October 04, 2018 in Estate Planning

In most cases, the assignment of assets to a single heir is straightforward; you only need to determine a creative way to decrease the tax load. By contrast, assigning assets to multiple heirs is generally more complex. Not only do you have to determine how to increase the overall amount each person receives after their tax liabilities but you must also discern whether to distribute the assets fairly or equally. What is the difference between these two options, and which one is most appropriate for your estate planning needs?

Fair or Equal: What is the Difference?

While some people use the terms fair and equal interchangeably, the two terms are quite different from one another. To split things equally means to give everyone the exact same amount, but fair distribution is not always equal. Sometimes, it may appear that one heir is getting “more,” but the truth is that they are getting more for a very specific reason.

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 Posted on October 02, 2018 in Divorce

Imagine a plausible scenario: one day, you are sitting in your office, perhaps taking a break to read the morning newspaper and to refill your coffee cup for the second time. Suddenly, a person you have never seen before asks you to verify your name. When you do, he hands you an envelope and announces that you have been served. Confused, you open the envelope to find that-to your utter shock-your spouse has formally filed for a divorce. In a matter of moments, it may feel like your whole world has been turned upside down, but now you must take action in response. What should you do and where should you even start?

Analyze the Situation

If you have been truly blindsided by your spouse’s divorce filing, there are, to put it bluntly, serious problems in your relationship. Even the healthiest of marriages experience tough times every now and again, but through the difficulties, united couples will continue to talk and communicate their issues and concerns. There is a good possibility that the underlying issues that led your spouse to file for divorce have been going on for a long time, but communication was not a high enough priority. The problems were downplayed or completely ignored until, one day, enough was enough.

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 Posted on October 02, 2018 in Divorce

The leaves are starting to change colors, and now that it is October, your child is likely to be gearing up to go trick or treating this year. If you have recently gotten a divorce or are in the midst of the divorce process, holidays will be handled differently than when you were married. However, planning for successful co-parenting will ensure that your child has as good a time as they did in previous years.

Trick or Treat?

While your child may choose to dress as Batman or their favorite Disney princess, you and your ex-partner should be completely transparent about planning family holidays. Communicating details and keeping your child out of any crossfire will allow him or her to focus on getting candy and not on dealing with mom and dad’s separation.

If your parenting plan does not account for Halloween, it is important to communicate with your ex before the big night and make sure your plans are clear. Scrambling to make plans the night before Halloween will put unnecessary stress on everyone.

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 Posted on September 27, 2018 in Estate Planning

Thinking about the end of your life is not an easy task, especially if you are still fairly young or currently in the prime of your life. Yet failing to do so can have serious consequences for you and those you love the most. Of course, you are not alone. In fact, statistics suggest that only about 40 percent of American adults have a valid will. Do not continue leaving your family unprotected. Learn how creating an estate plan can improve the future of your family and how you can create one that protects everyone’s best interests.

How Creating a Plan Can Protect You

People do not generally consider how an estate plan can help them, yet there are some clear benefits to having one. If, for example, you become incapacitated, a valid power of attorney can help ensure your wishes are followed. You can name someone you trust to make any medical decisions you have not already considered. It is also possible to assign someone to watch over your financial affairs. In short, an estate plan can protect and preserve your interests in the face of the unthinkable.

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