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Recent Blog Posts
Three Important Considerations in Setting Up a Will
Drafting a will is a selfless act of service you can do for your beneficiaries. That being said, the actual process of creating your last will and testament can be intimidating. In general, it is better to be overprepared than underprepared – but how much preparation is necessary? An Illinois estate planning attorney can guide you through the entire process of drafting your will, including the most important steps.
At Loire Krajniak Law, LLC, we know how sensitive estate planning can be. We are here to provide you with compassionate legal assistance and personalized advice to help you prepare your last will and testament.
Who Should I Appoint as Executor of My Estate?
The executor of your estate is the person responsible for carrying out the instructions in your will. The executor will be responsible for distributing your assets, paying off any debts from your estate, and filing tax returns, among other duties. You could choose someone who directly benefits from your estate, or someone not named in your will. If you do not appoint an executor, the court will choose someone after your passing.
Is Property Divided Equally in Illinois Divorces?
Some people envision divorce as a clean 50/50 split of assets. For some people, this is an ideal outcome, but for others, it might mean financial ruin. You may be surprised to learn that "50/50" divorces are not the rule in Illinois. Instead, judges treat every case individually, considering a number of different factors. An Illinois divorce attorney can advocate for your fair share of marital property to protect your future interests.
Property division should be handled delicately. At Loire Krajniak Law, LLC, we will tailor our approach to suit your needs, whether that means negotiating for a settlement or representing you in court.
What Does Equitable Distribution Mean?
Illinois is an equitable distribution divorce state – and equitable does not always mean "equal." Rather, the judge will work to ensure that the division of property is fair by considering many different factors, such as:
What Responsibilities Do Parents Have After a Divorce?
Getting a divorce is hard enough on its own. Divorcing with children adds an extra layer of complexity that must be addressed in the legal proceedings. During this turbulent time of your life, trying to figure out your rights and responsibilities can be stressful. An Illinois divorce attorney can help you look out for your best interests while also advocating for your child’s well-being.
At Loire Krajniak Law, LLC, we have years of experience handling complicated divorces, including cases involving children. Our attorney can help you negotiate for a fair parenting plan outside of court or represent you in litigation if necessary. We understand how taxing a divorce with children can be, so you can rest assured that we will do everything we can to make it easier for you.
How Should Parenting Time Be Divided?
Parenting time, also known as physical custody, can be divided in several ways. But in every case, the allocation of parenting time should serve the child’s best interests. If you and your spouse are on civil terms, you might be able to reach an agreement without the court’s involvement. Many parents can share a joint custody agreement that involves the child living at both residences.
Tips for Reaching a Favorable Property Settlement in Your Divorce
In many cases, it can be advantageous to keep your divorce out of court. That being said, it is far from easy to negotiate a fair property settlement that satisfies both sides. If you need help dividing up your marital property in your divorce, an Illinois family law attorney can provide you with valuable legal advice and representation.
Depending on your financial situation, you might need more assets to support yourself after your divorce. At Loire Krajniak Law, LLC, we understand just how important the allotment of marital property can be. When you work with our firm, we will do everything we can to help you reach a fair resolution.
Be Willing to Compromise in Property Division
Negotiating for a property settlement should be a collaborative process. This means that you may have to accept that you will not get everything you want out of the divorce. If you keep an open mind and compromise on some fronts, the process is likely to go much more smoothly.
What Should I Include in My Medical Power of Attorney?
For some people, planning for medical incapacity can be an upsetting subject. However, that does not make it any less important to consider as you get older. A medical power of attorney is a legal document that gives somebody else the authority to make decisions about your health if you ever become unable to. It can also include your specific instructions for healthcare in what is known as an advance directive. An Illinois estate planning attorney can guide you through the process of drafting this document, paying close attention to your wishes.
A medical POA should clearly state all of your preferences for your care. At Loire Krajniak Law, LLC, we can help you create a power of attorney that addresses your most crucial needs.
Do You Want Life-Sustaining Treatments?
Some illnesses and conditions can result in your condition deteriorating to a point where you may require certain treatments and machinery to be kept alive. A medical power of attorney can include instructions for whether or not you want to opt into life-sustaining treatments or if you would rather pass on naturally.
How Can a Plenary Order of Protection Help Me?
Living through domestic violence in your household can be traumatic. By pursuing a plenary order of protection, you may be able to obtain long-term relief from your abuser. These protections are awarded at a judge’s discretion based on what he or she thinks is necessary for your safety. An Illinois family law attorney can represent you in a hearing for a plenary order, making a case for your need for safety.
At Loire Krajniak Law, LLC, we understand how critical an order of protection can be for your continued welfare. When you work with our firm, we will aggressively advocate for a resolution that provides you with real relief.
Stopping Abusive Behaviors With an Order of Protection
One of the reasons a plenary order is so effective is because it can put an immediate stop to domestic violence. If the judge grants the plenary order, your abuser will be barred from intimidating, stalking, harassing, or otherwise trying to harm you.
Ways to Handle Property Division in Illinois Divorces
Out of all of the relevant issues in a divorce, property division is among the most complicated. Depending on how much property you and your spouse have accumulated over the years, trying to divide up your marital assets can be an exercise in misery and frustration. An Illinois divorce attorney can help facilitate this process while looking out for your best interests.
There is no one "right way" to handle property division. Loire Krajniak Law, LLC is here to represent you in disputes over marital property, going over your options to help you choose what works for you. With over a decade of legal experience, Attorney Cherissa Krajniak has handled all kinds of divorces, giving her clear insights into how to effectively negotiate in property division.
Using Marital Agreements to Divide Property
A prenuptial or postnuptial agreement is a written document that specifies how you want your property to be divided in case of divorce. If you have one of these documents already written, it can streamline the process of property division. That being said, marital agreements can be challenged. A prenup or postnup could be denied if:
What Will the Court Consider for an Order of Maintenance?
A divorce can be full of uncertainties, especially when it comes to your financial situation. If you fear that you will be left destitute after your divorce, you can request spousal maintenance, also known as alimony. There are several factors that the court may consider when deciding whether to award alimony. An Illinois divorce attorney can advocate for spousal maintenance on your behalf in court.
At Loire Krajniak Law, LLC, we are ready to stand up for your best interests in your divorce. Since our firm was established, we have handled numerous divorces, so you can rest assured that we are qualified to take on your case.
How Does Property Division Impact Alimony?
The division of marital assets in your divorce could affect your eligibility for alimony. This means that if you received a significant portion of the marital estate – which may consist of your home, vehicles, and other property – the judge could consider that when deciding whether you need spousal maintenance.
Understanding Your Duties as an Estate Administrator
If you are appointed as the administrator of someone else’s estate, you may feel a heavy responsibility on your shoulders. This role comes with duties you must carry out, which can be overwhelming for the uninitiated. An Illinois estate planning attorney can provide guidance and representation while you handle the decedent’s property and wealth.
Having an experienced lawyer at your side can make estate administration much less intimidating. Attorney Cherissa Krajniak has over a decade of legal experience and thorough knowledge of estate planning and probate matters. At Loire Krajniak Law, LLC, we will strive to protect your best interests while addressing any issues that may come up during estate administration.
How Do I Divide Up Assets in the Estate?
When someone dies without a valid will, the courts will appoint an administrator of the estate to divide up the decedent’s assets. If you are appointed the administrator, you will have to start by getting a complete estimate of the value of the estate. Assets in the estate may include bank accounts, real estate, investments, and more. You must also account for any unpaid debts the decedent may have had.
How Can I Enforce a Child Custody Order?
When a couple with children gets divorced or separated, a family law judge will make a legally binding court order for child custody. This is intended to provide structure in the child’s life and create a set of standards for the parents to uphold. But what happens if your co-parent refuses to honor a custody order? An Illinois family law attorney can stand up for your rights and help you take appropriate legal action.
At Loire Krajniak Law, LLC, we understand how stressful it can be when your co-parent flagrantly violates a court order. Our child custody lawyer can fight for your right to reasonable parenting time, pursuing an appropriate remedy on your behalf.
Keep Records of Violations of a Custody Order
Before you take your case to a judge, you should take a thorough look at every violation of the court order. Document as many violations as you can, especially if you have texts, phone calls, or emails with timestamps. You may have a more compelling case on your hands if you can show that the most recent custody violation was not an isolated incident.
From our office in Geneva, we serve clients throughout Northern Illinois, including Plainfield, Sugar Grove, Shorewood, Joliet, Rockdale, Crest Hill, Aurora, Big Rock, Plano, Yorkville, Bristol, Naperville, Will County, and Kane County.
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