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Recent Blog Posts
Why Adding a Child to Your Illinois House Title Can Backfire
Elderly homeowners often search for ways to make their estate planning tasks less burdensome. At the same time, keeping a home in the family is also important for homeowners who may have lived in the same home for decades. To these ends, many elderly parents believe that simply adding an adult child to their deed is the simplest way to protect the home.
Unfortunately, this simple act can unwittingly trigger gift taxes, Medicaid penalties, creditor claims, and expensive family disputes. Perhaps just as serious, once an adult child’s name is on the house deed, parents could lose control over their own home. Well-intentioned as it may be, this is a shortcut that can turn into a long-term legal headache – both for the parents and the adult child.
Before you make such a serious move, it is essential that you fully understand all the legal consequences of adding your adult child to your home title. It is extremely beneficial to speak to a knowledgeable Kendall County, IL estate planning attorney before you make such an important decision.
Do Both Parents Have to Agree to Child Therapy in Illinois?
Suppose a divorced parent discovers that the other parent has placed his or her child in therapy without even discussing the issue. The discovery may have come in the form of a school referral, a counseling bill, or even a note in the child’s backpack. Regardless of how the information came about, this type of situation can create conflict in Illinois parenting cases. While therapy can be enormously beneficial for children, under Illinois law (750 ILCS 5/602.5), decisions regarding mental health treatment for a child usually fall under joint decision-making. (This does depend on the specific allocation of parental responsibilities.)
If one parent acts unilaterally, it could potentially violate the allocation judgment, raising serious concerns about parental rights, communication between the parents, and the best interests of the child. A Geneva, IL family court attorney can help you determine whether your child’s other parent has the legal right to put the child in therapy without your consent.
Child Support Modification and Voluntary Underemployment in IL
The sudden loss of a job can justify a modification in child support in many cases – unless the court believes that the individual deliberately became unemployed or underemployed. In these situations, Illinois judges will often examine whether the parent requesting a modification in child support (750 ILCS 5/510) is voluntarily underemployed or unemployed, meaning they are capable of earning more, but choose not to.
From career changes and new degrees to what is known as "burnout breaks," the court does not look favorably on a parent who deliberately chooses underemployment as a means of paying less child support. There are, however, cases where the loss of a job and the inability to find a job that is equivalent in pay are very real, making it difficult to maintain the same level of child support. Regardless of which side you are on, having an experienced Oswego child support lawyer by your side can help ensure the best outcome possible.
Illinois E-Wills and Death in Non-Digital States
Illinois Public Act 102-167 enacted the Electronic Wills and Remote Witnesses Act, making a practice that had been allowed in Illinois since the pandemic permanent. The Act, which became effective January 1, 2025, allows electronic execution, remote witnessing, and secure digital storage of wills. Currently, fewer than half of all U.S. states recognize e-wills, so what happens if you move to or pass away in a state that does not honor your Illinois e-will?
Will that state then treat your estate as though you died intestate (without a will)? This emerging cross-state conflict has exposed a legal "gray zone" that Illinois estate planning attorneys must now address. This conflict matters if an individual travels, say to Texas, one of the many states that do not recognize electronic wills, to visit a relative, and then dies in that state.
Do Child Support Obligations End at 18 in Illinois Disability Cases?
Usually, when a child turns 18, the financial obligations of the parent who has paid child support following a divorce end. However, if that child has a mental or physical disability that prevents independent living, the duty to support can continue well into adulthood. Under 750 ILCS 5/513.5, Illinois law allows courts to order ongoing financial support for adult disabled children. To fully understand when and how this support can be requested, as well as how courts determine "disability," requires consulting with an experienced Oswego, IL child support lawyer.
What is the Legal Framework in Illinois for Supporting Non-Minor Disabled Children?
Since 2016, the statute above has applied when an adult child is mentally or physically disabled and unable to be financially independent as an adult. This support obligation can be initiated or extended by either parent or by the guardian of the disabled child. Support can continue beyond the age of 18, after the child finishes high school, if a court agrees that the adult child is unable to be financially independent.
Parenting from Prison: Illinois Custody Rights Explained
Being incarcerated does not automatically end a parent’s relationship with his or her child in Illinois. Obviously, serving time in prison limits your ability to parent in traditional ways, but in many cases, the state of Illinois makes parenting decisions that allow both parents to maintain a bond with the child – so long as it is safe and appropriate.
Illinois family law will always make decisions based on the best interests of the child, so the question will be whether the child should continue having regular parenting time with a parent in prison or not. Whether you are seeking to preserve parental responsibilities, request prison parenting time, or defend against the termination of parental rights (705 ILCS 405/2-13), Illinois law provides protections that balance the right of an incarcerated parent with the welfare of his or her child.
Do Illinois Pet Trusts Cover Horses and Farm Animals?
Although Illinois does have a pet trust statute (760 ILCS 3/408), when most people think of pet trusts, they typically picture the family cat or dog. Pet trusts can go much further than furry house-dwellers. For many owners, horses and other livestock-type animals are much more than property; they are valuable companions, service animals, working animals, or assets tied to family heritage.
The protections afforded in a pet trust can extend to horses, other livestock (in some cases), service animals, and even exotic animals. A recognized pet trust allows you to set aside money and instructions for the care of your animals after you are gone. If you own valuable horses or show animals, it is vital to plan ahead to ensure they receive proper care, feed, and shelter.
A pet trust can also minimize any potential disputes among your heirs, in the event they differ on their assessment of what should be done with your animals. Whether your animals are sentimental to you or a significant financial investment, consulting with an Oswego, IL estate planning attorney can give you peace of mind.
What Does "Fair" Really Mean Under Equitable Distribution?
Nine states in the U.S. still operate under community property laws, which divide all marital property equally, regardless of any extenuating circumstances. Equitable distribution states, on the other hand, divide marital assets fairly, but not necessarily 50/50. How do family court judges distinguish "equal" from "fair," and what criteria do they use to ensure a "fair" distribution of marital assets?
Illinois courts consider a range of factors, including the length of the marriage, each spouse’s contributions, and their future earning potential, when making these determinations. Understanding what equitable distribution (750 ILCS 5/503) really means is essential as you prepare for the financial reality of divorce. An experienced Geneva, IL marital asset division attorney can guide you through the process and ensure that your best interests are being considered.
Post-Divorce Surprises: When Hidden Illinois Debts Surface
Dividing assets and debts is one of the most complex, stressful aspects of an Illinois divorce. Usually, when the division of marital assets (750 ILCS 5/503) is complete, both parties breathe a sigh of relief. But what if months or even years after your divorce is finalized, you discover that your ex-spouse failed to disclose a significant debt? A credit card debt you were unaware of, unpaid taxes, or loans you never knew existed can topple your hard-earned financial stability.
Fortunately, Illinois law offers some options that can address financial deception, helping you seek relief when debts come to light following a divorce. If you have recently been unpleasantly surprised by an old marital debt you were unaware of, speaking to an experienced Oswego, IL family law attorney can help you handle this issue for the best possible outcome.
Digital Assets and Estate Planning in Illinois
When most of us think of estate planning, we think of who we will leave our home, bank accounts, and life insurance to. In today’s digital world, there is much more to estate planning than just traditional assets. Estate planning can include determining what to do with our social media accounts, cloud storage, digital photographs, cryptocurrency, and the information on our phones.
Illinois has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (755 ILCS 70/), which lets executors access (or prevents access to) all online data. While it can be easy to overlook digital assets, it is important to discuss these assets with your Geneva, IL estate planning attorney to ensure they will be taken care of as you would wish.
What Counts as Digital Assets?
Digital assets can include any of the following:
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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