If you are contemplating having an estate plan prepared, or if you are dealing with probate for a loved one, it is important that you be fully informed about several recent changes in the law that might affect you and your loved ones in connection with those subjects. Estate planning allows you to make provisions for those you care about, including the distribution of assets, and naming a person to make decisions on your behalf in the event you become incapacitated.
Probate is the legal process of administering your will, paying any outstanding debts, and distributing the remaining assets to
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Law Office of Vincent C. Machroli, P.C.
At the Law Office of Vincent C. Machroli, P.C., we are a general practice firm with over three decades of experience representing clients in DuPage County, Cook County, and communities throughout the Chicago metro area. Located in Hillside, Illinois, we are a suburban firm focused on providing highly personalized representation for each client we serve. We have extensive experience and in-depth knowledge in several practice areas, and over the years we have established a strong track record securing successful results for our clients. The number one goal at our office is, to not only meet our clients’ legal needs, but also to exceed their expectations.
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Why Would a Guardian Be Appointed for a Child in Illinois?
In addition to divorce, child custody, asset division, spousal support and child support, guardianship matters fall under the category of family law. Usually, only a child’s parents have the authority to make decisions regarding the care of a child, but sometimes, a parent is unable or unwilling to make those decisions, and so a guardian must be appointed by a family court judge.
A guardian, who is often a family member, takes on the duties and responsibilities of a child’s parents. Different types of guardianship exist, depending on the child’s specific needs. It is important to note that parental…
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What is an Emergency Motion for Parental Responsibilities?
When serious disputes arise about the allocation of parental responsibilities, the response of Illinois courts can be swift. With the goal of protecting the best interests of the child, if an emergency motion suggests a child is at risk, the courts will virtually always act quickly. A dispute may arise between parents during times when temporary custody orders are in effect or after the divorce, when final allocations of parental responsibilities have been determined.
When an emergency motion is filed, it is because one of the child’s parents has serious worries about the child’s immediate safety. If you are a…
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How Could the New Illinois Trust Code Affect a "Silent Trust"?
On January 1, 2020, a new Illinois Trust Code replaced the then-existing Illinois Trusts and Trustees Act. The new Code introduced various changes which affected beneficiaries’ rights, trust preparation and administration, and the obligations of trust fiduciaries. With certain limited exceptions, the new Illinois Trust Code applies to all trusts created before, on or after the effective date.
These changes meant that all Illinois trust documents currently in place should be reviewed to make sure that they are in compliance with the new Code provisions, while all new Illinois trusts must be drafted to comply with the Code. If you…
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How Will a "Gray Divorce" Affect My Retirement Plans?
Getting a divorce can be a challenging process at any age, but when you choose to end your marriage later in your life, you may face a unique set of financial concerns. In what is known as a “gray divorce”, you will need to consider how the division of your marital property and other decisions you make will impact your retirement plans. An experienced divorce attorney can help you address the sometimes fairly complexicated legal and financial issues that you may encounter in a “gray divorce”, and can advise you on the best steps to take to protect your future.
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When Can Out-of-Court Negotiations Be Used in Consumer Disputes?
Disputes between businesses and consumers are common, and while civil litigation can be one option for addressing these issues, lawsuits can be time-consuming and costly. Out-of-court negotiations provide an alternative way to resolve these kinds of issues, while possibly helping preserve important relationships.
Understanding when and how negotiations can be used is crucial for both businesses and consumers. An experienced Illinois alternative dispute resolution attorney can provide guidance on how to negotiate civil disputes, while protecting your interests.
Types of Business/Consumer Disputes
Some common types of disputes include:
Product Defects and Warranty Issues
When a consumer buys a product that…
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Can I Try to Settle All the Issues in My Divorce Case Through Out-of- Court Negotiations?
While the process of ending your marriage through a divorce can be challenging, it is best to try to avoid a contentious court battle. By negotiating a settlement outside the courtroom, you can save time and reduce stress, and you will be more likely to achieve an outcome that will benefit both you and your spouse. To determine the best ways to resolve divorce-related issues as amicably as possible, you can work with an experienced divorce attorney who can advise you as to your legal rights and options, as well as assist in negotiating a settlement that will meet your…
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What Are the Benefits of Creating a Living Trust?
During the estate planning process, there are a number of documents that can be obtained to protect one’s assets and reflect one’s decisions about how matters will be handled at the end of a person’s life, as well as after their death. Living trusts are some of the most powerful estate planning documents, as they offer numerous benefits to both the trustee and the beneficiaries.
Understanding how a revocable living trust works and the advantages it provides can help families make informed decisions about estate planning topics. An experienced estate planning attorney can provide guidance on the available options, the…
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How Is a Business Valuation Performed During a Divorce?
There are numerous financial topics that will need to be addressed during the divorce process. If either spouse is a business owner, or if both spouses founded or acquired a family business together, business assets may be some of the most significant financial matters to address.
Determining the value of a business is crucial to ensure that all marital property can be divided fairly and equitably. An experienced divorce attorney can provide valuable assistance during the business valuation process, while at the same time advocating for solutions that will protect their client’s financial interests.
The Importance of Business Valuation
In…
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How to Deal With Intentional Financial Harm During a Divorce
Divorce can sometimes bring out the worst in people. Due to the strong emotions that spouses might experience due to the breakdown of their marriage, they may lash out at each other in various ways, and in some of these ways, actions taken by one spouse can cause serious harm to the other.
In some cases, this behavior can affect a spouse financially, and they will need to determine what steps they can take to protect themselves. A skilled family law attorney can provide valuable legal help in these situations, providing guidance on the remedies that may be available to…
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In Illinois, What Expenses Are Covered by Child Support?
When parents choose to end their relationship through a divorce or a legal separation, a child support Court Order will often need to be obtained to ensure that children’s financial needs are being met. In Illinois, the law provides clear guidelines on how child support will be calculated. However, these guidelines provide for what is known as a “basic child support obligation,” and additional expenses may also need to be addressed.
An experienced family law attorney can provide a parent with the necessary information about how an appropriate amount of child support will be determined, while also offering legal expertise…
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What Topics Will Be Addressed in an Illinois Parenting Plan?
When going through a divorce or legal separation, parents of minor children will need to consider a variety of topics related to child custody (now called “parental responsibilities” under Illinois law).. It is important to make sure these matters are addressed correctly, since the decisions made can affect parents and children for years to come.
During the legal process, one of the most crucial tasks will involve producing a parenting plan that addresses the well-being of a couple’s children. An experienced family law attorney can ensure that a divorcing couple’s parenting plan aligns with Illinois law, while also safeguarding the…
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How to Create a Valid and Enforceable Prenuptial Agreement
There are some situations in life where personal relationships and the law will intersect. This is true with marriage, which is not just a romantic relationship, but also a legal partnership. Married spouses’ lives will be linked together, and, as a result, the 2 parties will have certain rights and obligations. A prenuptial agreement can serve as a pragmatic foundation for a marriage, ensuring clarity and fairness for both parties right from the beginning.
While a prenuptial agreement (commonly known as a “prenup”) can provide a legal framework for a couple’s partnership, it may not necessarily affect a couple unless…
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Benefits of Creating a Prenuptial Agreement Before Marriage in Illinois
When couples are swept up in the romance of engagement and wedding planning, the idea of discussing financial matters and considering the prospect of a possible future divorce may seem far from appealing. However, entering into a prenuptial agreement before marriage can provide both parties with a sense of security and clarity. This legal document, crafted with the assistance of an experienced family law attorney, can help couples address financial matters and other important issues proactively, setting a foundation for open communication and mutual understanding in their marriage.
Understanding Prenuptial Agreements
A prenuptial agreement, often referred to as…
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Can Spousal Support Be Permanently Payable After an Illinois Divorce?
Getting a divorce can not only be difficult from an emotional standpoint, but it can also involve multiple financial issues. Among the many subjects that may arise, spousal support— also referred to as alimony or maintenance—may be a crucial aspect of post-divorce financial stability for both spouses. For those who are getting divorced in Illinois, understanding the nuances of the subject of spousal support is vital. In cases where spousal maintenance may be awarded by the court, spouses may be unsure whether this support will be paid on a temporary or permanent basis. An experienced family law attorney can help…
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What Role Can a Forensic Accountant Play in a High Asset Divorce?
For couples that have a high net worth, the divorce process can get complicated. When a couple owns many different types of assets, determining the value of those assets, identifying whether assets are marital property or non-marital property, and making decisions about how assets should be divided, can be difficult. In these situations, a forensic accountant can play a vital role in ensuring that financial subjects will be addressed correctly. An attorney with experience in high-asset divorce cases can work alongside a forensic accountant and provide skilled representation during legal proceedings, advocating for their client’s rights and protecting their financial…
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