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Recent Blog Posts
How Holiday Gift-Giving Can Help Reduce Your Estate Taxes
Even though it is the season for giving, this year has been difficult for many people due to the COVID-19 pandemic. Coronavirus has resulted in not only a global health crisis but an economic downturn as well. Numerous individuals across the country may have felt the impact, whether it is a pay cut or a job loss. Many people may be contemplating their financial future, regardless of their job status. Tax issues can be complex, but there are various ways to reduce estate and inheritance taxes. For instance, Illinois tax laws provide tax benefits if retirement funds are left to designated individuals, and certain kinds of trusts can reduce estate and inheritance taxes that an individual has to pay. There are valuable tools that can be utilized in the estate planning process, and an experienced attorney can assist you in creating a comprehensive estate plan.
Monetary Gifts at the End of the Year
Understanding the Risks in a "For Sale by Owner" Real Estate Purchase
There are a number of reasons that you may want to purchase a home that is being sold by the owner. It could be that the property has everything you have been looking for, or it could simply be a desire to complete an expedient purchase. Whatever the case, there are some risks that you should be aware of, and some factors you should consider, when purchasing a "for sale by owner" (FSBO) property. These risks and factors - and how you can effectively manage them - could prove to be crucial.
You May Have to Do Some Leg Work
Real estate agents are paid (and trained) to address many details for both the buyer and the seller. A FSBO owner, though interested in selling their property, does not have the same knowledge or experience, which means they may fail to provide you with important information. This oversight may not necessarily be intentional, but it is something you should be aware of. Furthermore, FSBO owners may lack the organizational skills needed to complete paperwork in a timely manner.
Who Should I Choose to Be My Power of Attorney?
Have you ever thought about who should handle your affairs if you became physically or mentally capacitated? Sadly, unexpected accidents and illnesses can affect even individuals who are otherwise young and healthy. A power of attorney is a type of advance directive that allows a person to designate a representative or “agent” to speak on his or her behalf in the event of a catastrophic illness or injury. The term “power of attorney” is used to refer to the estate planning tool as well as the individual who is chosen to act as the agent. This is a heavy responsibility, so it is important to choose someone who is capable of handling the role.
Financial Power of Attorney and Power of Attorney for Healthcare
A power of attorney for healthcare, also called a medical power of attorney, allows you to choose a representative to make medical decisions on your behalf should you become unable to express your own medical wishes. For example, if complications arise during surgery and you are under anesthesia, your power of attorney for healthcare may need to make decisions on your behalf about how to proceed.
Mistakes to Avoid When House Shopping
Purchasing a new home can be both exciting and intimidating. Looking at different real estate listings, daydreaming about your ideal home, and gathering different decorating ideas can be fun. However, dealing with the financial requirements and trying to understand the real estate and legal jargon can be confusing. Therefore, consulting with your own DuPage County real estate attorney when you are ready to make the move is essential.
There are several common mistakes made when shopping for a new home, and knowing what those mistakes are can help you avoid those pitfalls.
Mistake #1: Looking Before You Are Ready
The first factor to consider is if you are really ready to purchase a home. Although you may prefer to build equity each month instead of handing your money to a landlord, most real estate specialists agree that if you are planning on moving away from the area in which you are currently living, then you should avoid purchasing a home until you know where you will be settling. If you purchase a home now, you may not be able to resell or rent the home when you move away.
What Is the Purpose of a Living Will?
You may have already considered how you want your assets distributed to heirs after you pass away, but this is not the only issue that estate plans can address. Have you ever wondered what types of medical treatment you would want if you became incapacitated through a serious illness or injury? For example, if you were involved in a car accident and left comatose, would you want doctors to do everything possible to extend your life? Would you want a feeding tube, mechanical ventilation, or other death-delaying procedures? Would you want to let nature take its course?
Through a living will, you can make these types of decisions in advance. This saves your loved ones from being forced to make these decisions for you and also gives you the peace of mind knowing that your medical wishes will be followed.
The Terri Schiavo Case Emphasized the Need for a Living Will
Although it was over 20 years ago, many people still remember the media frenzy surrounding Terri Schiavo. The young woman fell into an irreversible persistent vegetative state after suffering a cardiac arrest at age 26. Her husband believed that Terri would not want to be kept alive via long-term life support and elected to have her feeding tube removed. The woman’s parents strongly disagreed and wanted their daughter to continue receiving artificial hydration and nutrition. The case resulted in a seven-year legal battle.
The Effects of the Coronavirus Crisis on Illinois Real Estate Transactions
As a novel (new) coronavirus continues to spread in the United States and around the world, governmental authorities and agencies have taken serious steps to limit the reach of the virus. Here in Illinois, Governor J.B. Pritzker first ordered the closure of non-essential businesses, eventually to be followed by a “stay-at-home” or “shelter-in-place” order that became effective last weekend.
For many families, the COVID-19 outbreak coincided with their search for new homes or their attempts to sell their current homes. If this describes your situation, you may be wondering about the status of your transaction, as well as what the road ahead might look like.
Real Estate Is an Essential Industry
According to the governor’s list of essential and non-essential businesses, the real estate industry is considered essential. Under the Illinois shelter in place executive order, real estate businesses—including real estate brokers and attorneys—are permitted to remain operational, but they must remain compliant with social distancing and other required preventative measures. This means keeping a safe distance from other people, conducting as much business as possible using telephone, email, or video conferencing, and absolutely staying home if you feel sick.
Should I Include a No-Contest Clause in My Will?
There are a number of reasons that a will or other estate planning document may be invalid. If the testator was not of sound mind due to dementia or another health condition when he or she created the will, for example, the will may not represent the testator’s true wishes. If a testator was coerced or tricked into the provisions contained in his or her will, it is also invalid. If a loved one has reason to believe that the directions contained in a deceased person’s will should not be followed, they may contest the will in court. Unfortunately, some beneficiaries may contest a will simply because they do not like the instructions contained within the will. If you are concerned that someone may challenge the validity of your will after you pass away, you may want to consider adding a “no-contest” clause.
Basics of No-Contest Clauses
There is no way to completely prevent your will from being challenged after your death. However, you can discourage beneficiaries from challenging it. A no-contest clause is a provision in a will or trust that establishes certain “penalties” if a beneficiary challenges the validity of the will or trust. For example, perhaps you are worried that one of your children will be unhappy with his or her share of your estate. You worry that he or she will contest the validity of your will in an attempt to have the will thrown out. You could include a no-contest clause that states that if a beneficiary disputes the validity of your will and loses, he or she will lose part or all of the inheritance assigned to him or her. The possibility of losing a significant inheritance can make a beneficiary think twice before challenging your will.
Potential Red Flags When Buying a New Home
Buying a new home can be a very exciting undertaking. However, there are also many potential pitfalls, and it is important to not take the process lightly. If you are in the market for a new home, it is a good idea to take your time and make sure that you are making the best possible decision for your situation. You should also enlist the help of a qualified residential real estate lawyer to assist you along the way. As you begin your home search, be on the lookout for red flags that might be indicators that the house you are thinking about buying would be a big mistake.
Difficulties With Inspections
A home inspection is an essential part of the home-buying process. The point of the inspection is to make sure that a prospective buyer is fully aware of any problems that exist with the home. Roof issues, water damage, outdated electrical wiring, plumbing concerns, and a variety of other problems are not always immediately noticeable without an inspection by a fully qualified inspector.
What Responsibilities Does an Executor of a Will Have?
Creating an estate plan is a vital responsibility regardless of your wealth or property. Surprisingly, approximately 60 percent of American adults have not even created a will, let alone any other type of estate planning document. Everyone deserves to decide how their possessions are passed down to heirs, but these decisions are left to state law when a person passes away without any estate planning instruments in place. If you are ready to start making your estate plan, you may be wondering who you should choose as the executor of your will. The executor has many key obligations, so it is important to choose someone who can fulfill these duties.
Completing Your Final Affairs
An executor is the person responsible for finalizing a deceased person’s worldly affairs. Executors, also called personal representatives, have a legal duty to act in good faith and with integrity on behalf of a deceased person. Executors have many responsibilities, including but not limited to:
Planning to Purchase a New Home? Watch Out for These Common Mistakes
There are so many things to consider when you are thinking about a new home purchase. What neighborhood should you move to? What types of amenities are most important to you? Are there certain features in a home that you cannot live without? What size home should you buy? Fantasizing about the perfect new house, apartment, or condominium can be one of the most enjoyable parts about the home-buying process. However, those looking to buy a home should also be aware of the many pitfalls that can spell disaster. The home-buying process can involve complicated financial challenges and legalese-filled documents that are impossible to understand. This is one reason it is so important to work with an experienced real estate attorney when buying a new home.
Buying a Home that Exceeds Your Budget
Making a realistic budget can be extremely difficult. The majority of people grossly underestimate their actual expenses and forget about the small expenses that add up every month. If you overestimate the amount of money you can reasonably contribute to your mortgage every month, you may find yourself unable to make these payments on time. You could even end up at risk of foreclosure. When determining how much you can spend on a new home, make sure to consider the added costs which you do not necessarily experience as a renter. You will need to account for property taxes, utility bills, and the costs of maintaining your home.
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