Pondering your mortality can be frightening, but if you take the time to make arrangements for the end of your life, you can rest easier knowing that you have a plan in place. An Oak Park, IL estate planning attorney can help you think through, and create a plan for, these end-of-life arrangements. A “Living Will” document – also referred to as an advanced health care directive – can allow you to specify your preferences regarding certain medical treatments if you become incapacitated.
At the Law Office of Vincent C. Machroli, P.C., our estate planning lawyer can help you prepare…
Continue Reading Reasons to Consider Obtaining a "Living Will" Document in Illinois

Divorce can be a difficult process, and it can become even more difficult when mental illness is involved. If one or both spouses suffer from mental health conditions, it might make certain divorce methods like collaborative law or mediation unfeasible. Illinois law also takes mental health issues into account when deciding about matters like child custody and the equitable distribution of assets. Speak with a knowledgeable Oak Park, IL family law attorney to understand more about how mental illness can affect the divorce process in Illinois.
Mental Illness and Marital Problems
The category of “mental illness” covers a wide range…
Continue Reading The Impact of Mental Illness on Divorce in Illinois

It is the end of 2024, and we are now almost a decade past the farthest point into the future imagined by the “Back to the Future” movies. Our lives truly do look as different from the 1980s as the films predicted, and we can easily take for granted that we live in an age of seemingly boundless technological advancement.
With so many aspects of life affected by innovation, it is only natural that the law will be affected as well. One area where this has certainly become relevant is estate planning. As people accumulate more and more digital…
Continue Reading Protecting Digital Assets in Your Estate Plan

Many children have the privilege of growing up with both of their parents. Even if a child’s parents are divorced, having two involved parents can be very beneficial for the child’s emotional well-being. Similarly, in many families, parents who are not married to each other understand the benefits of allowing their child to have a meaningful connection with each parent.
While married couples are automatically recognized as a baby’s parents at birth, an unmarried father’s relationship with his child needs to be legally established so that his paternity is officially recognized. Otherwise, he has no legal parental rights or responsibilities…
Continue Reading How Can I Establish Paternity if the Father Is Unwilling?

If you own a home in Illinois, ensuring that ownership of it will transfer smoothly to whomever you choose without getting tangled up in probate should be a top priority for you. A probate case in Illinois typically takes between one and two years to complete, with complex or contested estates at the longer end of that estimate. The probate process is also public, which means details about your estate are accessible to anyone with an interest. During the probate process, your loved ones may not have access to the assets in your estate, leading to financial difficulties.
Fortunately,…
Continue Reading How Can You Keep Your Home Out of Probate Court in Illinois?

As of March, 2024, the state of Illinois had the highest home foreclosure rate in the United States, with foreclosures affecting one in every 2,548 homes.  In the same month, the number of homes with foreclosure filings across the entire nation was 32,878 – a drop of 1 percent from the previous month, and down 10 percent from the same point the previous year. The prospect of losing your home is, understandably, terrifying. Our homes are often a haven from a world that can be tough to navigate at times. If you have children, the thought of losing your home…
Continue Reading How to Keep Your Home When Foreclosure Seems Inevitable

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…
Continue Reading Changes in Illinois Estate Planning and Probate Laws

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…
Continue Reading Why Would a Guardian Be Appointed for a Child in Illinois?

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…
Continue Reading What is an Emergency Motion for Parental Responsibilities?

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…
Continue Reading How Could the New Illinois Trust Code Affect a "Silent Trust"?

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.
Continue Reading How Will a "Gray Divorce" Affect My Retirement Plans?

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…
Continue Reading When Can Out-of-Court Negotiations Be Used in Consumer Disputes?

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…
Continue Reading Can I Try to Settle All the Issues in My Divorce Case Through Out-of- Court Negotiations?