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Recent Blog Posts
Charitable Trusts: Leaving a Legacy Through Your Estate Plan
Giving to charity through an estate plan allows a person to leave a lasting impact beyond their own lifetime. Charitable trusts are one of the most powerful and effective estate planning tools for those who want to give back to those in need. A charitable trust is an irrevocable trust that provides tax benefits for both the donor and the charity receiving the funds. If you are interested in giving money or other assets to charity, work with an estate planning lawyer who can provide the guidance you need.
Basics of Charitable Trusts in Illinois
When you create a charitable trust, it must be in writing and must meet the criteria set by Illinois law. It must also meet the qualifications of a charitable organization, which means that it must have an independent board to oversee investments, spending, and donations. The trust should specify the types of charities that can receive funds from it, as well as any restrictions for those contributions.
Modifying Your Divorce Decree After Being Laid Off from Work
Amazon, Meta, Twitter, Peloton, and several other companies have announced massive layoffs in recent months. Many employees were let go from jobs with little to no warning, leaving them bewildered and unsure of what to do next.
If you were recently fired or laid off from your job, you know just how upsetting it can be. Many people in this situation have child support or spousal support obligations. Affording support payments after a job loss or income reduction can be extremely difficult, and sometimes impossible. Fortunately, you may be able to modify your divorce decree to reduce your financial obligations.
Changing Your Illinois Child Support Order
Child support payments are intended to help provide for the child. Consequently, Illinois courts consider child support a child’s right and modifications are only granted under certain circumstances. You can modify your child support order if there is a “substantial change in circumstances.” Typically, a significant change in the income of either parent justifies a child support modification. However, Illinois courts treat voluntary unemployment differently than involuntary unemployment. Parents who intentionally quit their job or take a lesser-paying job to reduce their child support obligation are not looked upon favorably and the court may deny a modification request in this situation.
Can I Legally Adopt My Stepchild?
Stepparent adoption refers to the adoption of the child of one's spouse. Stepparent adoptions are often done when the biological parent cannot be found or has abandoned the child, or if there is a need to change the legal relationship between the stepparent and stepchild. Although many stepparents are closer to their stepchildren than the child's biological parents, stepparents have very few legal rights. For example, if a stepfather helps raise a stepson and then he and the child's mother divorce, the stepfather has no right to parenting time with the child.
Fortunately, Illinois law offers a legal avenue for stepchild adoption. Once a stepparent adopts a child, he or she gains all of the rights and responsibilities associated with being a parent. If you are interested in adopting your stepchild, read on to learn more.
Illinois Stepparent Adoption Laws
To adopt your stepchild in Illinois, you must meet the following requirements:
Dissipation of Assets: Wasteful Spending in an Illinois Divorce
If you are getting divorced, statistics show that financial problems likely played a role. Money problems are one of the most common reasons why marriages end, and they can be a massive source of stress during the divorce process.
To make matters worse, some spouses will try to spend as much money as possible before the divorce is final in an attempt to prevent their ex from getting a fair share. Other spouses spend money on a new boyfriend or girlfriend or on expensive gifts for themselves. This is known as dissipation of assets, and it can have a major impact on the division of property in a divorce.
What is Dissipation of Assets?
The word dissipation means to waste or to use up. In the context of divorce, dissipation of assets occurs when one spouse uses marital property for his or her own benefit and not for the benefit of the marriage. This can include spending money on a new relationship, buying expensive gifts, or going on lavish vacations. Dissipation is a common issue in divorce cases involving infidelity. For example, if a spouse bought an affair partner an expensive diamond necklace, this may be considered dissipation.
Are No-Contest Clauses Legal in Illinois Wills?
It is important for everyone to have a last will and testament. A will allows you to determine exactly how your assets are distributed to loved ones after you pass away. Furthermore, having your wishes established in writing prevents family members and other loved ones from having to guess how you would want asset distribution handled.
Unfortunately, even the most detailed will cannot completely eliminate the chances of someone being upset regarding the will’s directives. Family members may feel that they were given an unfair share of your estate or otherwise disagree with the decisions you have made. They may contest the will in court, claiming that the will is not valid and should be thrown out.
If you are worried about people contesting your will after your death, one option you have in Illinois is a “no contest” clause.
Using a No-Contest Clause to Discourage Challenges to the Will
Unlike some states, Illinois courts do allow the use of no-contest clauses in wills. A no-contest clause is a provision that places certain conditions on any future will contests. A no-contest clause cannot prohibit a will’s validity from being formally questioned. However, it may dissuade an unsatisfied heir from contesting the will in court.
What Does it Mean if a Guardian ad Litem Gets Involved in My Custody Case?
Almost no parent wants to be involved in a contested child custody case. When a case involving parenting time arrangements and the allocation of parental responsibilities must be decided by the court, rather than the parents, it is quite normal for the parents to feel nervous. The outcome of a child custody case is not always predictable. You may feel as if you have been left in a state of limbo, uncertain as to how your relationship with your child will continue in the future.
If you learn that a guardian ad litem has been appointed to your case, you may not be certain exactly what a guardian ad litem does, or how the presence of one may affect your case. Fortunately, you can rest assured that bringing in a guardian ad litem is a very normal part of a child custody dispute. The role of the guardian ad litem is simply to conduct an independent investigation into what type of arrangement is likely to be in the child’s best interests and to report the results to the court and the parties. If you are involved in disputed custody proceedings, it is critical that you have strong legal representation.
What Temporary Relief May be Granted During a Divorce in Illinois?
Historically, a spouse who does not work for pay or earns relatively little would face significant barriers when seeking a divorce. Up until the relatively recent past, women were likely to be financially dependent on their husbands and would have faced intense hardship in trying to leave a marriage. Now, while either or both spouses may enjoy a career, many families still divide household duties so that one party may primarily focus on domestic labor while the other works for pay. It can still be challenging for the party who earns less income to leave. Not many largely dependent spouses have sufficient funds to move out of the marital home and begin a new life without needing some form of spousal or child support from their spouse - before the divorce is finalized. In Illinois, temporary support can be ordered during a divorce in many cases where it is needed. If you are interested in pursuing a divorce but would need assistance while the divorce is in progress, an attorney may be able to help.
4 Types of Adoption Offered in Kane County
Adopting a child can be a joyous occasion for families who have been pursuing parenthood for extended periods of time. However, some adoptions occur because they are necessary rather than a long-pursued outcome. Other types of adoptions are nontraditional, allowing a child’s birth parents continued contact. There are multiple paths to parenthood in Kane County. Each prospective adopter must carefully consider how each type of adoption may suit their lifestyle and plans for the future. If you are considering adopting a child, it is important to carefully consider each type of adoption in order to assess what is right for you and your existing family. Adopting is not designed to be an expedient and inexpensive process, but rather, to ensure that children eligible for adoption will be placed in suitable homes. Before you initiate the adoption process, it may be wise to speak with an attorney.
Different Types of Adoption for Different Family Needs
If you are pursuing parenthood through adoption, it is critical to be well-informed about the options that may be available. The major types of adoption potentially available to Illinois residents include:
Who Inherits My Assets if I Pass Away Without an Estate Plan?
Generally, leaving behind no will (intestacy) is a poor idea. Even if the people who ultimately inherit from you under intestacy law are the people you would have wanted to inherit from you, not having a will or a trust that controls your estate property is going to make things more difficult for them. It is not easy to pass an intestate estate through the probate courts. There is a high level of court supervision involved in this process, and this can slow things down significantly. It could take a year or more in some cases before your surviving family members can claim anything that belonged solely to you. Intestacy is meant to be the “default” estate plan. It is designed to match what the state thinks you probably would have wanted but is rife with imperfections. If you do not already have an estate plan, the time to speak to an attorney is now.
Understanding Illinois Intestacy Code
Any portion of your estate that is subject to probate will be distributed - eventually - according to the laws of intestacy. These laws are meant to prioritize your closest living relatives, but cannot take into account the nuances of your family’s relationships and needs.
How do Illinois Courts Decide Who Gets Custody of the Children?
No one wants to be involved in a disputed child custody case. If you are at the point where you are asking a court to decide on custody issues, you are likely in one of two situations. Either you have tried everything to work out an agreeable custody schedule with the other parent and were unable to do so, or you believe the children would be in danger if left alone with the other parent. Neither situation is enviable in the slightest. You should know that in most cases, Illinois courts favor a joint custody arrangement, but there are exceptions. Understanding how the court will go about making this decision can help you be prepared for the hearings to follow. With so much at stake, you need to be represented by an experienced child custody attorney.
Factors in Deciding Parenting Time Arrangements
The deciding factor in a child custody case is always the best interests of the children. Illinois courts entire mission is to decide what type of parenting time schedule will best serve the emotional, physical, and social needs of the children involved. Factors the court will consider include:
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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