Posted on September 08, 2022 in Estate Planning

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

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 Posted on August 25, 2022 in Divorce / Family Law

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: 

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 Posted on August 11, 2022 in Divorce / Family Law

It is not uncommon at all for one spouse to seek a protection order during a contentious or high-conflict divorce. Even knowing this, you may be taken by surprise when someone from the sheriff’s department shows up and hands you a stack of papers saying that your spouse has been granted an emergency protection order against you. When you get this initial pile of paperwork, you might be shocked and upset. It is important to understand what being served with a protection order means and what to do if this happens to you. Usually, there will be a hearing held about a week to ten days after you are served with the protection order. At the hearing, you will have the opportunity to challenge the protection order. At this hearing, it is important that you are represented by an attorney if you are not already.

What Does Getting Served With an Ex Parte Protection Order Mean?

“Ex parte” just means that the court took action while one of the parties involved was not present. If you have been served an ex parte order of protection, it means that your spouse went to court without you and told a judge or magistrate that they are in immediate danger of domestic violence and need emergency protection from you.

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 Posted on July 22, 2022 in Divorce / Family Law

Divorce can be contentious, emotionally debilitating, and costly, most especially when children are involved.  Under Illinois law, all decisions are determined in the best interest of the child.  A parenting plan includes decision-making responsibilities of the child, and parenting time, formerly visitation, that each parent has with the child. An agreeable parenting plan begets a harmonious home life for the child.  

Achieving and adhering to a parenting plan can sometimes be complicated. A divorce lawyer can negotiate an agreeable parenting plan or facilitate post-decree enforcement of the parenting plan.

Four Disputes in Decision-Making Responsibilities

1. Education – Where the child attends school is often a source of conflict. A parent may want the child to be enrolled in a private or religious-based school, like a parochial one, while the other parent may wish the child to attend public school. Sometimes tuition costs are the primary factor of this conflict. Academic achievements and a competitive grade point average may also be an issue as one parent may be more lenient while the other is not.  

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 Posted on July 11, 2022 in Estate Planning

Estate plans specify how assets are handled after a person’s death or during a person’s incapacitation. This preparation provides a family with peace of mind and can help eliminate the burden of possible lengthy probate proceedings and costly legal fees. A will not only outlines how an estate is allocated but also assigns the executor. If the dependents are children, estate planning can determine guardianship.

Without a valid will, the person who died is considered to have died intestate, designating the state as the executor. The state then determines the recipients and handles the estate distribution according to state law. A detailed, legitimate will is essential if you wish your assets to be distributed a certain way. A will has ilmitations, so establishing trusts further protects one’s wishes. An estate planning attorney can explain the different types of trusts and help select the ones suitable to a client’s needs.

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 Posted on June 27, 2022 in Divorce / Family Law

If you are paying or receiving child support, you know that the circumstances of your life and the life of your child may have changed dramatically since the original child support order was approved by the court. In Illinois, your child support order is eligible to be reviewed for a modification every three years. However, there are qualifying events that may allow you to modify the order between the normal review cycle.

Steps in the Modification Review Process

Either parent can ask the Illinois Division of Child Support Services (DCSS) to review the child support order for possible modification. The parent must demonstrate in their modification request that a substantial change in circumstances has occurred or that the other spouse has agreed to the change. Situations that may allow a child support modification include:

• The parent who is making the cild support payments has had a substantial decrease in income. This could be due to a job loss, an involuntary cut in pay, or a serious injury or disability. They could petition to have the monthly payments decreased.

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 Posted on June 03, 2022 in Divorce / Family Law

Planning ahead for your future medical needs can feel like a daunting proposition and a difficult subject to consider. Nobody wants to think about a time when their own care may be out of their control. However, it is beneficial to ensure that important decisions about your own medical care are in the hands of someone you trust and who knows your wishes. An experienced estate planning lawyer can help you establish a power of attorney for health care and remove some of the uncertainty about your future care.

What a Power of Attorney for Health Care Can Cover

A health care power of attorney allows you to choose an agent, who should be a close family member or trusted friend, who will have the authority to make decisions about your care on your behalf. They will also have access to your medical information to allow for informed decision-making. It will typically take effect if you become incapacitated and unable to make decisions about your own care.

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 Posted on May 16, 2022 in Divorce / Family Law

You finally finished getting your divorce, and you are ready to move on with your life. The terms of your divorce decree were fair and reasonable. Both you and your spouse are legally bound by these terms. That should be the end of it. However, after a few weeks or months you are starting to realize that your ex-spouse has no intention of obeying the terms of your divorce decree. They do not drop off your children when they are supposed to. They have not turned over property that you won in the divorce. You are not getting the spousal support you are entitled to. In this case, you may need to go back to court to ask the judge to enforce the terms of the divorce decree. It is in your best interest to enlist the help of an experienced divorce and family law attorney. Enforcing a divorce decree against an uncooperative ex-spouse can be an uphill battle - but it can be done.

How Can a Court Enforce a Divorce Decree?

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 Posted on May 09, 2022 in Divorce / Family Law

 Child custody proceedings can be incredibly stressful, even when both parents are fit and amicable with one another. When the case gets a bit more contentious, or certain other circumstances are present, the court may appoint a special attorney or social worker called a Guardian ad Litem. It can feel alarming to learn that a Guardian ad Litem has been appointed for your children during your custody case, but there is generally nothing for you to worry about. When the judge appoints a Guardian ad Litem, it is not because they do not think that you are a good parent. Rather, the role of a Guardian ad Litem is simply to help the court understand what course of action might be best for your children. An attorney can help you better understand what the Guardian ad Litem’s role will be in your particular case.

When do Courts Consider Bringing in a Guardian ad Litem?

Guardian ad Litems are not automatically appointed in every child custody proceeding. It is more likely that the court will bring one in if: 

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 Posted on April 29, 2022 in Divorce / Family Law

Estate contests can be messy. When a will or trust is questioned and challenged, it affects every beneficiary. These conflicts have been known to precipitate rifts between family members that may never heal. You probably want estate administration to be easy for your beneficiaries so that they can accept their gifts and remember you fondly. When someone calls the validity of your estate plan into question, the dispute can take years to resolve in some cases. This type of litigation can also become extremely costly for all involved. Fortunately, there are ways to substantially reduce the odds of an estate contest. If you suspect that there may be any conflict, you should alert your estate planning lawyer so they can take additional steps to prevent a challenge.

Ways to Prevent Potential Future Challenges to Your Estate Plan 

Even if you think that your intended beneficiaries will get along and administer your estate in good faith, you cannot predict what could happen after you have become incapacitated or passed away. Some tips for creating a strong estate plan include: 

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