If you have ever heard the word “probate” and felt a little uneasy, you are not alone. Most people picture a long, expensive legal process that drags on for years after a loved one passes away. However, the good news is that probate in Illinois is often more manageable than people expect, especially with guidance from an experienced Hillside Wills, Trusts and Probate attorney.
If you are thinking about estate planning in 2026, or you have recently been named to handle a loved one’s estate, here are some important things to know.
What Is Probate and How
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How Exactly Does "Equitable Distribution" Work in an Illinois Divorce?
The prospect of dividing their shared property is one of the most common reasons spouses delay getting divorced for years, even decades. The prospect of divvying up your belongings – and possibly fighting over them for months or years – can feel like too much to bear, even if your marriage is clearly at its end.
Under Illinois law, decisions about what happens with a couple’s property are made following an “equitable distribution” model. This means the court tries to divide marital assets and debts in a way that it considers fair, but that does not necessarily mean an equal…
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Can I Break My Lease in Cook County, Illinois?
You signed a rental agreement promising to pay rent for a set period, but then things changed unexpectedly – maybe you got a new job in another state, or your landlord refuses to fix serious problems in your apartment, or you just need to get out of a bad roommate situation. On top of dealing with whatever reason you have for leaving your apartment, now you have to figure out how to break your lease without incurring major expenses. For these reasons and more, breaking a lease can be very stressful.
Fortunately, Illinois law does allow tenants to break their…
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What Are Your Options When a Dealership Won't Fix Your Car?
Many people have had the experience of buying a car from a dealership that immediately or shortly thereafter has problems. The check engine light comes on repeatedly; the transmission slips; strange noises come from under the hood; it won’t start up in cold weather. Many conscientious dealerships will agree to remedy cars they have sold that have early-onset problems. But unfortunately, frequently dealerships say these issues are normal, or refuse to fix them under warranty. So what can you do when a car dealership won’t fix your car? Will hiring an attorney help?
At the Law Office of Vincent C.
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Do You Have a Will? You Should Know About the "Spousal Elective Share"
You drafted a will leaving your property to your children from a previous marriage; you gave your current spouse specific assets; you now think your estate plan is complete. But did you know that Illinois law may give your spouse the right to reject your last will and testament and claim a larger portion of your estate instead? This right is called the “spousal elective share”, and it can completely override your carefully planned estate distribution.
Understanding how Illinois’ elective share law works helps you create an estate plan that reflects your wishes, while also accounting for your spouse’s legal…
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Who Gets to Stay in Our House During the Divorce?
For many couples, one of the hardest questions at the start of a divorce is what to do about their living situation. Living apart from your spouse may seem like the obvious next step, but, as nice as that might sound, the reality is that in 2025, many people cannot afford to pay for two separate households while their divorce is still in progress.
If you are a stay-at-home parent, or if you expect to pay child support or spousal maintenance, you may be worried about whether you can afford to leave. If you cannot afford to leave, you may…
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What Should I Expect at a Divorce First Court Date?
When you are facing a divorce first court date in Illinois, it is normal to feel nervous. The process can be strange and unfamiliar, especially if it is your first time in court. Understanding what will happen before, during and after the hearing can help you stay calm and confident.
Having the help of an experienced Oak Park divorce attorney is the best thing you can do if you are nervous about an upcoming court date. In addition to handling the technical aspects of your case, your attorney will tell you what to expect, what to wear, and how to…
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Can Anything Be Changed After a Divorce Decree is Final?
Once a judge signs the final divorce decree, most people hope to close that chapter and move forward. But, of course, life does not stop changing after a divorce. New jobs, health issues, remarriage, or moves out of state can make the original court decree hard to follow.
In Illinois, certain parts of a divorce decree can be changed after it becomes final, but others cannot. If you need to change a court order, first you need to know which parts of your decree are open to modification, and what steps you must take. Our knowledgeable Hillside, IL family…
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Can I Get Custody Back if I’m in Recovery?
If a parent struggles with addiction during a divorce, the court may decide that limiting their parenting time or decision-making authority is in the child’s best interests. But what happens if that parent recovers and starts rebuilding a stable life?
In Illinois, a parent can ask the court to change a custody plan if their situation has changed in an important and lasting way. If you have recovered from addiction and want more time with your child, an Oak Park, IL parental responsibilities attorney can explain your options.
How Can Addiction Impact Parenting Time in Illinois?
Under Illinois law,…
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Can I Negotiate with My Landlord at the End of My Lease?
Reaching the end of a lease does not always mean a smooth transition out of your apartment. Tenants commonly have questions about deposits, property damage or breaking the lease early, and many tenants worry that the only way to resolve these problems is by going to court. In Illinois, however, tenants and landlords often benefit from negotiating directly. With the right approach, you can protect your rights while avoiding unnecessary legal battles and expenses.
At the Law Office of Vincent C. Machroli, P.C., our Hillside, IL residential real estate attorney helps clients understand their options under state law and pursue…
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What Happens If You Die Without an Estate Plan in Illinois?
When someone dies without an estate plan, their family members can be left facing confusion, financial stress, and time-consuming legal procedures. When someone has a thorough estate plan, their wishes are made known, and the process of transferring assets to beneficiaries is much more streamlined. Without an estate plan, the probate laws determine what happens to a deceased person’s assets. Our knowledgeable Oak Park, IL estate planning lawyer can explain how what is known as “intestate succession” works when someone dies without an estate plan, and how to avoid the probate process.
Who Inherits in Illinois If There Is…
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Can I Modify My "Parenting Plan" in Illinois After My Divorce Is Final?
A divorce may legally end a marriage, but for parents, much of the real work remains after the final divorce judgment. Often, a “parenting plan” that worked at the time of the divorce may no longer make sense months or years later.
Fortunately, Illinois law recognizes that families grow and change, and that post-decree modifications are sometimes necessary. If your “parenting plan” entered into when you were divorced no longer works for your family, our Hillside, IL family law attorney can help you understand your options for modifying it.
When Can I Request a “Parenting Plan” Modification in Illinois?
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Should I Use a "Revocable Living Trust" Instead of a "Will" in Illinois?
If you are beginning to think about planning for the future of your estate, one of the first decisions you will face is whether to obtain a “Will“,or a “Revocable Living Trust”, or both. Each option has benefits and drawbacks.
A “Revocable Living Trust” can help your family avoid probate, but it is not the right choice for everyone. An experienced Oak Park, IL estate planning lawyer can help you understand how each document works under Illinois law so you can make an informed decision.
How Are “Wills” and “Revocable Living Trusts” Different?
A “Will” just states how…
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What Happens if a Parent Falls Behind on Child Support in Illinois?
If your child’s other parent is behind on child support payments, you have several options to enforce the support order and recover the money you need for your family. In Illinois, the courts and the Department of Healthcare and Family Services (DHFS) have several methods for collecting the total amount of past-due payments, known as child support “arrears.”
Falling behind on child support in Illinois can have serious legal and financial consequences. Although the State of Illinois can impose these consequences and recover unpaid child support through DHFS, a highly-rated Oak Park child support attorney with experience since 1988 in…
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Uncovering Hidden or Wasted Assets During an Illinois Divorce
Among the most important concerns during the divorce process is the division of property between the two parties. Having an uncooperative spouse in the case is something that can occur, but having one who actively tries to dissipate assets leading up to and during the divorce is an entirely separate problem .
Attempting to hide or waste property to avoid dividing it in a divorce is illegal and punishable under the law. If you think your spouse might be doing either, you should contact an Oak Park, IL divorce lawyer to take immediate legal action and protect your right to…
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What Do We Have To Include in a "Parenting Plan" in Illinois?
When parents divorce or separate, the “Allocation of Parental Responsibilities” (formerly called “custody”) document for minor children can sometimes be a point of serious contention. A “Parenting Plan” document, which gets included in an “Allocation Judgment”, outlines the official terms of custody, and if you go through the court system to work out custody disputes, Illinois law requires you to have one. Ultimately, decisions must be made regarding the legal obligations and rights of both parents and children, and an experienced Oak Park, IL parental responsibilities attorney can help.
What Are the Requirements for a “Parenting Plan” in…
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