A. Traub & Associates

The lawyers at A. Traub & Associates have extensive knowledge of Illinois law. In addition to substantive legal knowledge and skill in the courtroom, all of our attorneys are active in local bar associations and have established relationships with local opposing counsel and judges. As leaders in the field and active members of the community, our lawyers are well suited to provide you with the counsel you need to maximize your success.

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Wills serve as legal documents that outline how an individual’s assets will be distributed upon their death. However, when a will is contested, one common argument made by challengers is that the testator lacked testamentary capacity at the time of creating the document. Today, we will examine the implications of a lack of testamentary capacity in contested wills and its impact on the validity of the document. If you have concerns over the validity of a will, contact an estate planning lawyer for legal representation as you work through your legal matter.
Definition of Testamentary Capacity
Testamentary capacity refers
Continue Reading Understanding the Significance of Lack of Testamentary Capacity in Contested Wills

Most people who have gone under anesthesia for a procedure have been asked to fill out a power of attorney form at the hospital. This is a precaution meant to protect the hospital as much as it protects you. The physician performing your procedure needs to know who should step in to make decisions on your behalf if something goes wrong during your procedure. While this form will likely suffice to allow your chosen person to make medical decisions in the event that something does go wrong during your procedure, it should not generally be used as a long-term solution.
Continue Reading I Filled Out a Power of Attorney at the Hospital – is it Enough?

There is a lot of information – and misinformation – about the realities of divorce to be found online. The fact is that divorce is very common. Over the last several decades, divorce has been rapidly destigmatized. In the past, people who wanted to divorce their spouse had to prove that they had a good reason for doing so. This is no longer the case. If you want a divorce, you will not likely need to show a judge evidence that your spouse has done something bad enough to warrant ending the marriage. In fact, most divorce cases in modern
Continue Reading 2023 Divorce Statistics You Should Know

Sometimes the best thing to do for yourselves and your child is to separate and begin the divorce process. It can be emotionally and legally challenging to get a divorce while a female spouse is pregnant. If your relationship with your child’s mother is ending in a difficult divorce, she may be motivated to keep you out of her life – and therefore, her child’s life. Fortunately, there are steps you can take to assert your rights as a parent. Even if your divorce finalizes before the child is born, you will likely still be considered a legal parent
Continue Reading Divorce When One Spouse is Pregnant

When a couple decides to divorce, there may be a significant amount of time between the filing of the petition and the final decree being issued, depending on the marital issues the couple needs to dissolve. However, there are often immediate issues that do need to be addressed. Temporary orders are court-issued directives that address these issues while the divorce is pending. These orders establish temporary arrangements and provide guidelines until the final decree is issued. The following is a brief overview. For more detailed information concerning your circumstances, contact a Lombard divorce attorney.

Why You May Need Temporary Orders
Continue Reading What Are Temporary Orders in an Illinois Divorce?

Under Illinois law, when the parents of a child are no longer together, the court will issue an order that stipulates the allocation of parental responsibilities and what the parenting time schedule for the child will be. However, Illinois law also recognizes the importance of maintaining meaningful relationships between a child and non-parental figures who the child has a significant bond with. In these situations, that person can petition the court in order to seek visitation time with the child. The following are some of the relationships that may qualify.
Grandparents
Grandparents are one of the parties that have
Continue Reading When Can Non-Parents File for Visitation Under Illinois Law?

While most people would not want to be placed under a guardianship unless it were absolutely necessary, the fact is that in many cases, obtaining guardianship over an elderly loved one is truly necessary. When an older adult begins to lose the capacity to care for themselves or to manage their own healthcare and finances, initiating guardianship proceedings is often the best way to protect them. Having guardianship over your elderly family member can allow you to step in and begin making important decisions for them and managing their affairs. It is not an easy decision to make. Rather, making
Continue Reading Signs it is Time to Consider a Guardianship for Your Elderly Relative

In the eyes of the law, a child can only have two parents. Although stepparents and other family members often play essential roles in a child’s life, they do not have the same rights and responsibilities as parents unless they formally adopt the child.
Whether you are interested in a relative adoption, private adoption, or another type of adoption, it is important to understand how the termination of parental rights may play a role in your case.
Voluntary Termination of Parental Rights
In some cases, a child’s parents willingly give up their parental rights. A parent may make the decision
Continue Reading Termination of Parental Rights in Illinois Adoption Cases

Home health aides, skilled care providers, personal care aides, and other types of home care workers provide a valuable service to individuals who require consistent, ongoing care. If you suffer from health conditions and require assistance with medical needs or daily living tasks, you may grow very close to your caregiver. You may even come to think of the caregiver as if he or she was family.
Some people wish to express their gratitude for a home care worker by leaving them an inheritance in an estate plan. If you intend to leave money or other property to a
Continue Reading Leaving Money to a Non-Family Caregiver? Read Illinois Law First

Separated and divorced parents often worry about how the separation will impact their relationship with their children. It can be extremely hard for a parent who is used to tucking their child into bed every night to go days or weeks without seeing the child.
Most divorced parents are subject to a parenting time schedule that describes when each parent will spend time with the child. Parents are expected to comply with this schedule and transfer the child on time. While most parents will understand a few late drop-offs or early pickups, when the parenting time schedule is repeatedly violated,
Continue Reading What Should I Do If My Child’s Other Parent Is Not Following the Parenting Time Schedule?

The average lifetime cost of medical care and assistance for a person with cerebral palsy is estimated to be just under $1,000,000. If your child has cerebral palsy, ensuring that your child has access to the support, medical care, and assistance he or she needs is probably at the top of your mind.
A special needs trust is an estate planning tool that allows for the transfer of assets to a disabled person. When compared with transferring assets through a will, a special needs trust offers significant advantages.
Special Needs Trusts for Disabled Individuals in Illinois
Doctor’s appointments, speech therapy,
Continue Reading How a Special Needs Trust Can Help You Provide for a Child With Cerebral Palsy

Almost all of the property that was accumulated during the marriage by either spouse is considered marital property, meaning it is jointly owned by both parties. 
Both spouses have a right to an equitable share of marital property. However, some individuals attempt to block their spouse from receiving his or her fair share by hiding assets during divorce.
Transparency regarding finances is essential during a divorce, and Illinois courts demand honesty. If you suspect that your spouse is hiding assets, contact a skilled divorce attorney for help right away.
Transferring Money to Friends and Family
A spouse who is
Continue Reading Five Ways a Spouse Might Hide Money During a Divorce

Going through a divorce can be a stressful, sorrowful time, especially for fathers. Fathers going through a divorce may have concerns about their financial stability, their relationship with their children, and their future. If you are a father going through a divorce, make sure to make your concerns known to your divorce attorney, as an experienced family law attorney will likely have valuable insight on how to make the best out of this challenging situation.
Tips Fathers Should Consider
Here is some advice for fathers going through a divorce to help them navigate the process and protect their rights,
Continue Reading Advice for Fathers Going Through a Divorce

When a loved one passes away, it can be a difficult and emotional time for family members. In addition to grieving, family members may also have to deal with the deceased person’s estate. Unfortunately, in some cases, estates are not handled properly, which can lead to disputes and legal issues. If you are a beneficiary and believe that an estate is being improperly handled, seeking legal representation right away is crucial. 
Considerations for Beneficiaries  
Here is what you need to know about legal representation for a beneficiary in this situation: 

  • Seek legal counsel – If you are a beneficiary and


Continue Reading What to Know About Beneficiary Representation When an Estate is Being Improperly Handled

 Divorce mediation is a process in which a third party assists divorcing couples in reaching a settlement agreement. Mediation is often a more cost-effective and less-adversarial way to resolve disputes during divorce. The alternative is the often highly unpleasant litigation process in court. If you are considering divorce mediation, it is essential to prepare for the process. Remember that while you prepare and throughout the actual process, it is wise to consult with a divorce attorney to ensure your rights remain protected and your best interests are advocated for. 
Firstly, it is important to understand the mediation process. Mediation
Continue Reading Steps to Take as You Prepare for Mediation

A contested will can throw a family into turmoil, causing emotional distress and threatening the intended distribution of assets. Understanding the basics of contested wills and the grounds for contesting a will can help you navigate this challenging and delicate situation. Those going through a contested will process must be made aware of the reasons for contesting a will and the legal process involved.
What is a Contested Will? 
A contested will arises when someone disputes the validity of a will or its provisions. This often happens when a family member or other interested party believes the will does not
Continue Reading What You Need to Know Regarding Contested Wills