Buying real estate, particularly a home for your family, can be exciting and terrifying, all at the same time. When you have looked long and hard and finally found a home that fits the needs of your family as well as your budget, you may skim over the words “as-is.” In some cases, that may not be a problem, but in others, you could find yourself on the wrong end of months or years of expensive repairs.
If you are looking to buy an Illinois home, it is a good idea to have an experienced real estate attorney by…
Continue Reading What Does "As-Is" Mean in an MBR Real Estate Contract?

Like other public servants, teachers work incredibly hard to deliver an essential service to society. Without teachers, none of us would even be able to read this blog. Nevertheless, problems with low teacher salaries and retirement benefits doggedly persist, leaving many educators wondering how they can pass financial stability forward to their families after they pass away.
If you are reading this, perhaps you are a teacher with questions about your own future. Or perhaps you are the son or daughter of a teacher, and you are wondering what you can do to help your parents set up their estate …
Continue Reading Do Teachers Need an Estate Plan?

If you have family wealth to preserve for future generations, you need a trust. Trusts are far more protective of generational wealth than a will. If you use a will, your only option would be to have each of your children claim their entire inheritance immediately. A trust can preserve the wealth over a long period of time and allow your estate to continue growing in value long after your death. You may want to create multiple types of trusts to serve different purposes. A Yorkville, IL trusts and estates attorney can help you design the right estate plan…
Continue Reading How a Trust Protects Generational Wealth

Real estate investors would be wise to take steps to limit their liability and protect each individual investment property. There are real risks associated with real estate investing, no matter how cautiously you plan your projects and how carefully you select the properties you buy. A single high-dollar lawsuit can collapse a budding real estate empire in the absence of proper legal structuring. One way to limit your risk is to create a series LLC in conjunction with a series of land trusts. Structuring these entities properly can be legally complex, so you must work with an experienced Yorkville, IL…
Continue Reading How Land Trusts and Series LLCs Work Together

Probate is best avoided if at all possible. The taxes and court costs that come with putting an estate through probate can significantly diminish the estate’s assets, leaving the beneficiaries with much less than the decedent intended. Even when there is a will controlling who should receive what, there is a substantial risk that probate fees will force beneficiaries to sell property – including real estate – that they should have been able to keep in order to cover estate taxes. One way to keep your real estate properties out of probate is to use a bond in lieu of…
Continue Reading Bond in Lieu of Probate and Real Estate Closings

A comprehensive estate plan should involve both a trust and powers of attorney. Powers of attorney and trusts both have a legal impact during your lifetime. When you create a trust and transfer property into the trust, the trust as an entity becomes the owner of all property placed in it. Unless you use an irrevocable trust for asset protection, you can still retain complete control over the property you place in your trust during your lifetime. Your powers of attorney most likely have an effect only if you become incapacitated during your lifetime. Should this occur, your agent…
Continue Reading Minimizing Power of Attorney Risks: Adult Children as Trustees

When you have worked hard to build up a small business, you probably want that business to become a part of your legacy. There are steps you can take during the estate planning process to give your business the best chances of surviving and thriving long after you are gone. Or, if you know that your business is not likely to survive you for any reason, you can plan for the people you care about most to benefit from the company in another way. Small business owners should be represented by a Kendall County, IL estate planning attorney who…
Continue Reading Small Business Estate Planning 101

There are several ways you can prepare to transfer the title to your house after you are gone. Your options may include using a will, a trust, or a Transfer on Death Instrument (TODI). Some methods of passing your real estate on to your loved ones posthumously are more efficient – and easier for your beneficiary – than others. Your house is likely one of your most valuable assets. Most homeowners work hard to buy their homes and have put a great deal of work into it over the years. You have probably invested a lot of time, money, and…
Continue Reading Transferring the Title to Your House After Death

People make changes to their estate plans for a number of reasons. You may have become estranged from someone you had named as a beneficiary. A house you left to someone in your will may have been sold when you moved into a retirement home. Your financial situation could have changed, meaning that you have new assets to account for in your will or trust. When you choose to make changes to a will or trust, it is important to follow the correct legal procedure. Attempting to do it yourself might result in the creation of an unenforceable document.
Continue Reading How to Amend a Will or Trust in Illinois

Having a blended family can be wonderful. Many step-parents enjoy having “bonus children,” as the children may enjoy having “bonus parents.” Conversely, there may be significant conflict among blended families, especially if your step-children were already adults when you married their mother or father. Some children refuse to accept their step-parent. There are even situations where some people have step-children they barely know or have never met. You might also consider yourself part of a blended family if your own parents are divorced and you have close relationships with your step-siblings. Being part of a blended family can complicate your…
Continue Reading Estate Planning for Blended Families in Illinois

Special needs trusts are essential tools for individuals with disabilities to ensure their financial security while maintaining eligibility for government benefits. In Illinois, several types of special needs trusts serve different purposes and cater to varying needs. Understanding these trusts is crucial for individuals and families navigating the complex landscape of disability planning. For legal assistance, contact a qualified attorney to ensure you can meet your legal goals.
Third-Party Special Needs Trust
A third-party special needs trust is commonly used by parents, grandparents, or other relatives to provide for a loved one with a disability without jeopardizing their eligibility…
Continue Reading Four Different Types of Special Needs Trusts in Illinois

As parents, ensuring our young children’s well-being and financial security is a top priority. One effective tool for achieving this goal is a revocable trust. If you are a parent interested in learning more about estate planning and ways you can ensure your young children are protected financially, contact a lawyer in Illinois, as they will possess the legal knowledge to highlight how this estate planning tool can provide peace of mind and protect the interests of your children.
The Basics of Revocable Trusts
A revocable trust, also known as a living trust, is a legal arrangement that…
Continue Reading Revocable Trusts for Parents with Young Children

Selling real estate is a significant financial transaction that requires careful attention to legal details. To ensure a successful closing, being well-prepared and knowledgeable about the process is crucial. Hiring a real estate lawyer is a critical step to ensure a successful closing. By hiring a qualified real estate attorney, you can take a lot of the unknown out of the process, as the legal professional you hire will be equipped with knowledge in Illinois real estate law to take the case head on and ensure the real estate closing process when you are the seller is as seamless as…
Continue Reading Seller Real Estate Closing Tips