Estate planning allows the owner of an estate to distribute it to beneficiaries after passing away. However, one of the common obstacles estate owners face is having to protect those assets from being seized by creditors. Many debts are not forgiven upon a person’s death, so creditors often have a right to settle any outstanding debts from a debtor’s assets before they are distributed to his or her heirs.
One of the ways to protect an estate from creditors is to put it in a trust. While there are several types of trusts, this article will discuss those that…
Continue Reading How Can a Trust Protect My Estate From Creditors?

Marriage is a major life-changing step, both personally and legally. Couples who are married cannot simply “break up” and part ways. Instead, married couples who want to break off their relationship must file for divorce. That triggers a complex legal process that can be invasive and unpleasant.
For those reasons and others, a growing number of couples are choosing to live together rather than get married, an arrangement that the law calls “cohabitation.” Illinois recognizes cohabitation as a legal relationship in which two unmarried people live together intimately. Research shows that a larger share of Americans have cohabited than those…
Continue Reading What Is a Cohabitation Agreement and Do I Need One?

A living will is a common estate planning document that discusses a person’s preferences for medical treatment in situations where the person can no longer communicate his or her decisions. Establishing a living will ensures your healthcare wishes are respected, providing peace of mind for you and your loved ones. Contact an Illinois estate planning lawyer to learn more or to incorporate a living will into your own estate plan.
Designation of Treatment Preferences
Defining Your Medical Wishes
One of the most important aspects of a living will is the designation of treatment preferences. This section outlines the types of…
Continue Reading Three Crucial Components of Living Wills

For couples considering divorce, the future can seem very uncertain. You might already know you definitely want to end your marriage, but what do you do next? Who makes the first move? What kinds of issues need to be resolved? Can you do it on your own and save some money, or do you need an attorney in your corner, fighting for your rights? 
These are all tough questions, and the answers are different for every couple. But knowing what kinds of issues you will need to resolve in a divorce is a great place to start. Here, we…
Continue Reading What Do My Ex and I Need to Figure Out in a Divorce? 

One of the few things you can be sure of in life is that change will happen whether you want it to or not. Some people might find that comforting, as an opportunity for new beginnings; others fear change as it stops them from enjoying the things they have grown accustomed to, and still others fall somewhere in the middle. However you feel about it, it is a fact that nothing ever stays the same forever.
With that understanding comes the realization that you should be able to modify various binding agreements. This is true for arrangements you have made…
Continue Reading When to Consider Reviewing an Illinois Estate Plan

Your gender and marital status play a big role in determining how your relationship with your child is recognized by the state of Illinois. A woman who gives birth is automatically considered the baby’s mother and if she is married to a man at the time of the birth, he is automatically considered the father, without any tests carried out to check whether that is biologically true. If she is not married, there is no automatically recognized father even if the father is there at the hospital when the baby is born. If you are not married and you are…
Continue Reading Reasons for Establishing Paternity in Illinois

When you live in Illinois but have property in multiple states, estate planning can become quite difficult. You will need to account for the laws in each state where you own real estate or other assets. Proper planning is essential to ensure your wishes are carried out and your loved ones avoid unnecessary hassles and expenses when left with the properties. An Illinois lawyer can help figure out the best way to handle your out-of-state properties to minimize challenges.
Ancillary Probate is Ideal for Out-of-State Properties
When you pass away, your estate will likely need to go through the probate…
Continue Reading Out-of-State Properties in Your Estate Plan in Illinois

Children require the basic essentials and both parents are obligated to support their children following a divorce, even if one pays the other child support. Illinois follows guidelines in determining each parent’s obligations toward supporting each child. But have you ever wondered why your child support payments were set so high or so low? Illinois uses an Income Shares model to determine who will pay the child support payments and how much the obligor is legally required to pay. Consulting an attorney can help you better understand the financial implications of child support and help you establish a schedule to…
Continue Reading How Illinois Courts Determine Child Support Obligations

The more beneficiaries there are in a will, the more likely someone will be left disappointed enough to attempt to contest it. It is not uncommon for family, friends, or colleagues to feel snubbed after a will reading. Some are grateful, whereas others feel they deserve more. When attempting to contest a will, it will require a reason that is more than “I think I deserve more.” An attorney with experience in probate litigation can offer assistance in having a will thrown out by challenging its validity.
Common Reasons For Contesting A Will
There are a few different reasons…
Continue Reading How To Successfully Contest a Will in Illinois

Getting your affairs in order so that your golden years are much more enjoyable takes careful planning and foresight. By properly planning your estate, you put yourself in a better position to mitigate risks and take control of your “endgame.” An estate planning lawyer will have invaluable advice and guidance on how best to stay on track to meet your expectations later in life. Of course, planning mistakes can happen, and it is better to be proactive in avoiding committing them as early as possible.
You Do Not Have a Plan
The biggest mistake you can make with estate…
Continue Reading Most Common Estate Planning Mistakes

Many people find trusts beneficial. Whether or not you choose to create a living trust is a personal choice. Though a lawyer is not necessary, hiring one experienced in estate planning can bring you much-needed peace of mind.
What is a Trust?
A trust can allow a grantor to entrust their assets to another while alive and maintain some control over them. It also allows the grantor to determine who receives their property after they die. While alive, a trust will manage your assets. Once you die, the trustee will distribute the assets to those that align with your wishes.
Continue Reading Who Needs a Living Trust in Illinois?

Divorce can bring along disputes that linger long after the process is finalized. An ex-spouse can often feel resentful or angry toward the other, creating a difficult situation moving forward. Divorce is already stressful enough without having to deal with the fallout. Thankfully, there are steps you can take to weather the storm that a difficult ex can bring about.
An uncooperative or combative spouse can only make life harder for you. Your best bet is to recognize where the conflict is coming from and adapt accordingly. A divorce lawyer can help with these matters. You can discuss your challenges…
Continue Reading Tips on How to Deal with Difficult Ex-Spouses