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Recent Blog Posts
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.
Characteristics of Amicable Divorces
The level of conflict in a divorce can play a significant role in the legal proceedings. As a general rule, low-conflict, amicable divorces tend to be resolved with much less hassle and heartbreak on both sides. Unless you stand to lose something critical in your divorce, agreeing to an amicable settlement may be in your best interests.
Reaching an amicable, yet fair resolution to a divorce requires intelligent negotiation. At Loire Krajniak Law, LLC, our Oswego, IL divorce lawyer can guide you through your divorce and help settle conflicts between you and your spouse. Our firm has over a decade of experience in family law, so you can rest assured that your case will be handled by a qualified attorney.
A Willingness to Compromise
Having a smooth divorce does not necessarily mean getting everything you want. To avoid conflicts about fairness, you may have to make some concessions to your spouse regarding spousal support or property division. This may entail giving up some of your assets, like transferring some of your retirement savings to your spouse – with the expectation that your spouse will give you something in return to make things even.
Can I Get Permanent Spousal Support in Illinois?
Illinois judges can choose to award spousal support – otherwise known as alimony – to either spouse, depending on various considerations. This award might last while the divorce is ongoing, as a lump sum, or for a fixed term with the possibility of renewal. While spousal support is generally thought of as something temporary, a judge can award lifetime alimony in rare circumstances if the situation calls for it. An Illinois divorce attorney can review your case to see if you should petition for permanent spousal support.
At Loire Krajniak Law, LLC, we can advocate for your need for alimony in your divorce. We can help you strategize for a favorable outcome in and outside of court, taking steps to protect your financial future.
How Does the Length of the Marriage Impact Spousal Support?
First and foremost, you should know that permanent spousal support is usually only considered for marriages that have lasted 20 years or more. Under the statutory guidelines for alimony in Illinois, the duration of alimony payments is proportional to the length of the marriage.
Should You Get a Contested or Uncontested Divorce in Illinois?
When considering divorce, it is essential to understand the differences between contested and uncontested divorces. A contested divorce happens when spouses cannot agree on significant issues, such as child support and custody, asset division, or alimony.
On the other hand, an uncontested (or amicable) divorce means that the parties have generally agreed on all divorce issues, potentially allowing for an expedited, less costly divorce. A seasoned Illinois family law attorney at Loire Krajniak Law, LLC can help with a contested or uncontested divorce. Contact our family law office today for a complimentary consultation.
Why Are Some Divorces Contested?
Some Illinois divorces are contested because of intense disagreements about finances, asset division, child custody, or child support. Couples may disagree on who will keep the home, the percentage of retirement accounts one spouse will keep, or the amount of alimony payments. Others may quarrel over who gets the most parenting time with the children or who will make education and religious decisions for the kids.
What Should You Do Before Getting Remarried After Divorce?
Getting remarried after a divorce can be an exciting new chapter, but it also comes with legal and financial considerations. Many people who have gone through a divorce are understandably cautious about jumping into marriage again, especially when it comes to issues like taxes, child support, alimony, and child custody. Before walking down the aisle again, it is important to understand how your new marriage could impact these areas.
At Loire Krajniak Law, LLC, our Illinois family lawyer helps clients manage the legal side of remarriage. Whether you need to update an existing court order, renegotiate support payments, or ensure your rights as a parent are protected, our firm is here to help.
How Will Remarriage Affect Child Support and Alimony?
One of the biggest concerns for many divorced people is how remarriage will impact child support or spousal support (alimony) obligations. The effect of remarriage depends on several factors, including the specific terms of your divorce decree and Illinois law.
Is College Included in Child Support in Illinois?
Many parents wonder whether child support in Illinois includes college expenses. Unlike some states that end child support obligations when a child turns 18, Illinois law allows courts to require divorced or separated parents to contribute to their child’s college education.
Many parents are surprised and frustrated by this, but it is the law and the more you know about it, the more empowered you will be to navigate your particular situation. With the help of our Illinois child support lawyer, understanding how these laws work can help you plan for the financial responsibilities of your child’s higher education.
What is Illinois Law on College Expenses and Child Support?
Under current Illinois law, a court may order one or both parents to contribute to a child’s post-secondary education. This support is separate from standard child support payments and can continue even after the child reaches adulthood. Court-ordered college support may cover tuition, fees, housing, meal plans, books, and medical expenses, including health insurance.
Can a Father Get Sole Custody of a Child in Illinois?
Fathers often worry that they will not receive fair treatment in child custody and divorce cases, but fathers actually have the same legal custody rights as mothers. A father can obtain sole parental responsibilities if he proves that it is in the child's best interests, and our Illinois family lawyer can help fathers understand how this is possible. Note that Illinois law no longer uses the term "custody," instead referring to parental responsibilities and parenting time.
When Can a Father Get Sole Custody in Illinois?
While the court presumes that a child benefits from having both parents involved, there are situations where a father may seek sole decision-making authority and all or the majority of parenting time.
A father seeking sole custody must show that the child's mother is unable or unwilling to care for the child. The court evaluates many factors when making this determination, including:
Should I Make a Will or a Trust?
One of the most significant issues people deal with when planning their estates is deciding whether to write a will or set up a trust. While both have their benefits, there are times when one option may be more appropriate than the other. To ensure you are able to make a well-informed decision, contact an estate planning attorney to weigh your options and see what makes the most sense for you and your situation.
Factors to Consider When Making Estate Planning Decisions
Here are some factors to consider before deciding whether to make a will or a trust:
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Cost – Writing a will is generally less expensive than setting up a trust. This is because a will is a relatively straightforward legal document that can be drafted by an attorney in a short amount of time. On the other hand, setting up a trust requires more time and effort and additional legal fees.
What is the Purpose of a Living Will?
The news is full of stories of terrible car accidents and other tragedies. These stories serve as a reminder that tomorrow is never guaranteed, and a severe injury or illness can occur to anybody at any time.
A living will is an estate planning document that allows a person to make decisions about their medical care in the event that they are incapacitated. For example, a living will can be used to direct doctors on the medical interventions they should take if you are in a coma or vegetative state.
Incapacitation planning can be an emotional process because it requires us to consider the possibility that we could be unable to communicate our medical preferences. However, living wills are an essential estate planning tool that puts the decision-making power in your hands – regardless of what the future holds.
Plan For Your Medical Care in the Event That You Are Incapacitated
If you were extremely ill and doctors did not believe there was a chance of recovery, would you want doctors to use every medical tool possible to keep you alive? Or, would you rather know that you will not be kept alive through mechanical ventilation, feeding tubes, or other means if there is no chance that you will wake up?
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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