Illinois is an equitable distribution state. Unlike a community property state, your assets are divided fairly rather than strictly equally. The first step in dividing property during Illinois divorce proceedings is to categorize your assets and debts as marital or non-marital. Working with an experienced DuPage County, IL divorce attorney ensures you understand your rights and what you can do to protect your assets, even in an uncontested divorce.
What Counts as Marital Property in Illinois?
According to Section 503 of the Illinois Marriage and Dissolution of Marriage Act, marital property refers to assets and debts acquired by either spouse
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How Are Wills and Trusts Different in Illinois?
Wills and trusts are two common tools used in estate planning, but they serve different purposes and function in different ways under Illinois law. Whether you are planning for the future of your children or trying to avoid probate, understanding the distinction between these documents is essential, and an experienced Wheaton, IL estate planning attorney can help guide you as you create a comprehensive estate plan.
What Is a Will?
A will, also known as a “last will and testament,” is a legal document that outlines your wishes for the distribution of your property after death. In Illinois, wills are…
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Legal Requirements for an Illinois Surrogacy Contract
Entering into a surrogacy contract is a huge legal and emotional step for anyone involved. Illinois has extensive and comprehensive surrogacy laws, offering strong protections for surrogates and parents. To ensure your rights are secure, you must work with experienced attorneys. Our DuPage County, IL surrogacy contract lawyers help clients navigate the legal requirements and establish parentage.
Requirements for a Surrogacy Agreement in Illinois
In Illinois, a gestational surrogacy agreement must meet specific legal criteria under the Illinois Gestational Surrogacy Act, 750 ILCS 47, to be enforceable. The act stipulates that the contract must be in writing with two…
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How To Choose an Executor for Your Estate in Illinois
The executor of your estate is the figure responsible for ensuring that your estate plan comes to fruition after you are gone. You have to be able to rely on them to protect and manage everything from asset distribution to tax payments. Choose someone you can trust – someone who exhibits certain personal qualities that fit the role and responsibilities. Consider what to look for in an executor, and talk to an experienced Wheaton, IL estate planning attorney about what it takes to create a robust strategy for your estate.
What Are the Responsibilities of an Executor in Illinois?
Illinois…
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The Difference Between a Guardian ad Litem and a Child Representative
Family law matters that involve children, such as allocating parental responsibilities, can be complex and contentious. Sometimes, these cases require a guardian ad litem (GAL) or a child representative to act as an objective voice for the children, ensuring that their best interests are prioritized.
Both play essential roles in the court and offer a way to resolve disputes through an objective lens. The experienced Wheaton, IL guardian ad litem attorneys at A. Traub & Associates can help you understand how a GAL or child representative can impact your case.
What Are the Roles of GALs and Child Reps in…
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What Happens to Jointly Owned Property When I Die in Illinois?
Joint ownership of property can be structured in more than one way, and the specifics of what will happen to that property when a co-owner dies can vary. If you have concerns about how joint ownership of your property could impact everything from estate taxes to creditor claims, or anything else related to your estate plan, talk to an experienced Wheaton, IL estate planning attorney today.
What Is Joint Ownership Under Illinois Law?
Illinois’s Joint Tenancy Act covers the legal nuances of joint ownership, which refers to how more than one person holds the title to certain property. In…
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How Can I Adopt My Stepchild Under Illinois Law?
Stepparent adoption makes up a significant portion of family adoptions in Illinois, and the process can be very meaningful for blended families. Stepparent adoption requires open conversations and a clear understanding of what it means for a stepparent to take on all the responsibilities and rights of a legal parent. If you are considering adopting your stepchild, talk to an experienced Wheaton, IL stepparent adoption attorney about the steps you will need to take and how having a legal representative can help.
Do I Need the Biological Parent’s Consent To Adopt My Stepchild?
Under Illinois law, a stepparent is…
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What Are Illinois Financial and Health Care Powers of Attorney?
A surprising number of people do not have an estate plan in place, which means that they have not outlined what will happen to their assets should they die or become incapacitated. A power of attorney (POA) document ensures that someone is there to manage your affairs when you are not in a position to do so for yourself. If you have questions about building an estate plan and drafting a power of attorney document, a Wheaton, IL estate planning lawyer can help.
Definition of Power of Attorney in Illinois
Illinois defines a power of attorney as a legal document…
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Divorcing in Illinois When You Have a Disabled Adult Child
Everyone knows that child custody is a standard part of divorce for couples with small children. However, what happens when you have a disabled adult child with a disability who relies on you both for financial support and care in Illinois? If either of you or both of you have established guardianship, you likely have questions about what will happen to that guardianship when you divorce. If you have not yet established guardianship, now may be the time to consider it, and a DuPage County, IL guardianship attorney can help.
What Goes Into Caring for an Adult Child After…
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Should Singles Consider Estate Planning?
When most people think about estate planning, they picture a married couple planning to leave inheritances behind for their children. But estate planning is just as important—maybe even more important—for people who are single. Just because you are not married and do not have children does not mean you do not have people and things you care about. You have a right to decide what will happen to your money, your property, and your health if something unexpected happens to you. When you have not left any instructions for how your property should be handled, laws go into effect…
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What Happens to Your Debts When You Pass Away in Illinois?
When someone passes away, it is natural for their loved ones to think about the emotional and financial challenges that may follow. One of the most important things to consider is what will happen to any debts the person leaves behind. In Illinois, as in many other states, debts do not disappear when someone dies. Instead, the deceased person’s estate is responsible for paying those debts before any assets are distributed to heirs.
Understanding how debts are handled can help families make informed decisions during the estate planning process. An experienced Wheaton, IL estate planning lawyer can review your options…
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How Does Divorce Affect Medicaid Eligibility in Illinois?
Divorce can have significant financial implications, and one area that may be affected is eligibility for Medicaid, the joint federal and state program that provides health coverage to low-income individuals and families. In Illinois, the program offers healthcare assistance to people who meet certain income and asset requirements.
During divorce, several factors, such as asset division and changes in income, can influence someone’s ability to maintain eligibility for Medicaid. Understanding how divorce impacts Medicaid eligibility is crucial for those navigating this process. If you are facing a divorce, speak with a knowledgeable Illinois family law attorney to understand how…
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How Can I Finance My Illinois Divorce as a Stay-at-Home Parent?
Divorce can be financially challenging, especially for people who have dedicated themselves to caring for their household and children rather than earning an income. If you are a stay-at-home parent facing divorce, it is important to understand what the legal costs might be and how to manage them. A knowledgeable Illinois family law attorney with experience working with clients in similar situations can answer your questions and help you set realistic expectations.
How Much Does Divorce Cost in Illinois?
The cost of a divorce can vary widely depending on several factors such as the complexity of the case, whether it…
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Do I Need a Payable-on-Death Account in My Illinois Estate Plan?
When you are ready to work on your estate plan, you might discover many options you never heard of before. Wills and trusts are important features that many people are aware of, but there are other ways you can plan for the future that might be relevant to you as well. One aspect of some Illinois estate plans that is less commonly known is called a payable-on-death (POD) account.
This valuable tool allows you to transfer assets directly to named beneficiaries without going through probate. POD accounts can simplify the transfer of certain assets, and a qualified Illinois estate…
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How Are Social Security Benefits Impacted by Gray Divorce?
Gray divorce – the term describing divorce that happens later in life – presents unique financial challenges, including how to address Social Security benefits. Divorce can affect Social Security income for older adults in Illinois and it is crucial to understand your options for protecting your financial future. An experienced Illinois divorce lawyer who has guided older clients through this process can help ensure you receive the benefits you are entitled to.
What to Know About Social Security Benefits After Divorce
Social Security benefits are governed by federal law, so the rules are the same across all states, including Illinois.
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What Can Make My Handwritten Will Valid in Illinois?
Many of us have seen someone on TV or in a movie scrawling their last will and testament on a bar napkin. But would something like that actually hold up in court?
In Illinois, there are specific requirements for a will to be considered valid. If you have found yourself scribbling instructions for the future and you are not sure whether that means you have left clear instructions, a qualified Illinois estate planning lawyer can help you ensure that your final wishes are honored.
Are Handwritten Wills Valid in Illinois?
In Illinois, handwritten wills, officially known as holographic wills, are…
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