When a will is filed with the probate court, it becomes public record. Anyone who so wishes can view the contents of a will once it has been submitted to probate. This means that everyone from a disinherited relative to your beneficiary’s creditors can see to whom you have left money or property - as well as how much or what assets. This can sometimes place beneficiaries in an uncomfortable or legally risky position should someone seek to contest the will. By using a trust, however, you can keep your family’s inheritance private. A qualified estate planning attorney can give you more information about protecting your family’s privacy and preventing conflict by using a trust. 

Who Can See My Trust Documents? 

It is only when a will is filed in a probate court that it becomes public record. Unlike a will, a trust does not need to be filed in any court. There is ordinarily no judicial involvement needed when a trust is used for testamentary purposes. Under normal circumstances, the only people with access to view your trust document should be your named beneficiaries, your successor trustee, and others you have elected to involve in the management of the trust. 

How Does Privacy Prevent Conflict?

It is very difficult to bring a challenge against a document you do not have access to. A disappointed survivor can examine a will itself in an effort to find some shortcoming that could provide a ground for dismissing the will. However, a survivor who feels snubbed cannot even see the trust and may have a much more difficult time contesting your estate plan. 

Divorce is hardly ever a pleasant affair. Even amicable divorces can be challenging on a number of levels. However, when a couple is able to settle the issues surrounding their divorce through negotiation or mediation, it can save them time, money, and stress. Unfortunately, this is not always possible. Uncontested divorces require a level of cooperation and reasonableness from both spouses that is not always achievable. 

Although divorce litigation can be difficult, there are a handful of reasons it may become necessary. If you anticipate that your divorce will be contested, it is especially important to seek out strong legal representation. You will need a knowledgeable advocate to protect your interests during this conflict. 

Why You Might Go Through Divorce Litigation

It can be immensely frustrating when all you want is to resolve your divorce as quickly and easily as possible, but your spouse is making that impossible by behaving unreasonably. When you cannot reach an agreement, it may be necessary to go to court and ask the judge to make decisions instead. Major reasons spouses end up contesting their divorces include: 

Sometimes known as “alimony,” the issue of spousal maintenance can lead to conflict during a divorce. If you gave up a career or educational opportunities in order to devote yourself to the marriage by raising children or running the household, you may be eligible to request and receive spousal maintenance during a divorce. Divorce law can be complicated, and every divorce comes with stress, and it may be in your best interest to have a family law attorney representing you in your Illinois divorce. 

Who Qualifies for Spousal Support? 

The court’s goal in awarding spousal maintenance is to make sure both parties will be able to maintain their standard of living and to avoid a situation where one spouse is suddenly unable to meet their needs. Either spouse can ask the court for spousal maintenance, regardless of gender. In situations where both spouses worked for pay during the marriage and would be able to support themselves alone, the court is unlikely to order spousal maintenance - even if one spouse outearns the other. However, the court may consider each spouse’s respective financial needs when dividing other property. 

What Does the Court Consider When Deciding on About Maintenance? 

There are a number of factors the court will take into consideration when deciding whether spousal maintenance is appropriate during divorce proceedings. In general, the court will consider each spouse’s needs, earning ability, and contributions to the marriage. Some of these factors include: 

If you are considering meeting with an estate planning attorney for the first time, you might have some questions about what to expect during this appointment. During this first appointment, your attorney will ask a lot of questions meant to get to know you and what your goals are. You will go over what types of property you own, who you may want to leave property to, and perhaps some medical decision-making issues. You may not have all the answers when you first arrive at your new attorney’s office, and that is perfectly fine - your attorney is here to guide you. 

What Questions Will My Attorney Ask? 

There are a few areas of your life your attorney is going to ask about, usually starting with your property and family. Some of these questions may be uncomfortable to answer, but remember - this meeting is completely confidential. Your attorney cannot tell anyone else what you discuss in this meeting without your permission. It is important that you are completely open and honest. Here are some things your estate planning attorney is likely to ask about: 

• Your Property - Your attorney will help you take a broad inventory of what you own. He or she will ask about three main categories: your financial property, your personal property, and your real estate property. You may want to bring a list of any significant personal property, such as jewelry or family heirlooms. 
• Your Family - Your lawyer will need to know about the people who would naturally inherit your property if you did not have an estate plan. You will be asked about any biological children you may have. If you have stepchildren, or perhaps a significant other you are not legally married to but treat as a spouse, you will need to tell your lawyer about them.
• Your Intended Beneficiaries - These may include family members, friends, charities, or others. It is largely up to you. If there is a close relative you specifically want to be excluded from your estate plan, you should inform your attorney.
• Your Healthcare Wishes - Estate planning includes the sometimes difficult topic of what your wishes would be should you become incapable of caring for yourself and making decisions later in life. Who would you want to make medical decisions for you? Who would you trust to manage your finances? What kind of care would you want if you were terminally ill? 
• Your Previous Estate Planning - Your attorney will need to know if you have ever done any type of estate planning before, such as by drafting a will, putting a “transfer on death” note on your vehicle, or making a healthcare power of attorney.

Contact a Kendall County Estate Planning Attorney Today

When you are ready to begin planning your estate, Loire Krajniak Law, LLC is ready to help. With more than ten years of legal experience, Oswego estate planning lawyer Reese Krajniak is prepared to address all your estate planning needs. Call 630-448-2406 today to schedule a free and confidential consultation. 

When a couple marries, they combine their personal lives and their financial lives. Reversing this entanglement during divorce can be quite complicated – especially when spouses have a high income or own complex assets and investments. If you are getting divorced, it is important to prepare for the property division process. The better informed you are about the legal and financial obstacles you may face, the better position you are in to face these challenges head-on.

Determining What Property is Marital and What is Non-Marital  

Marital property includes assets and debts that were accumulated during the course of the marriage. Save for certain exceptions including property obtained through inheritance or gift, any property acquired by either spouse during the marriage is considered to be marital property. Non-marital property, sometimes called separate property, belongs only to one spouse.

If you and your soon-to-be-ex do not have a valid prenuptial agreement or postnuptial agreement specifying what property is marital property and what is non-marital property, determining the identity of assets may be complicated and frustrating.