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IL probate lawyerThere are many cases where a person may wish to help provide for the needs of loved ones who have special needs. Since people with physical disabilities, mental impairments, or other conditions may be unable to work and earn an income, they may struggle to provide for themselves. To ensure that a person’s ongoing needs will be met, family members may wish to step in and provide financial assistance. However, they may not realize that giving money to a person, buying items for them to use, or otherwise providing them with financial support may disqualify them from receiving government aid. To preserve a person’s right to receive public benefits, family members may create a special needs trust. Setting up this type of trust can be an important part of the estate planning process.

Why Should I Use a Special Needs Trust?

People who suffer from disabilities that affect their ability to maintain gainful employment may qualify for multiple types of benefits. However, to receive these types of benefits, they will usually need to show that they have limited financial resources. For example, to qualify for Supplemental Security Income (SSI) through Social Security, a person’s financial resources must be under $2,000. Because of this, a family member who gifts a significant amount of money or property to a person with special needs may cause the person to be ineligible for SSI or other benefits.

To prevent the possibility of jeopardizing a person’s public benefits, a family member can create a special needs trust and name the disabled person as the beneficiary. In these cases, the assets a person wishes to use to help their loved one will be owned by the trust rather than the person with a disability. Distributions from the trust may be provided to the beneficiary to help them meet their ongoing needs while also ensuring that they will be able to receive ongoing government benefits.

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IL real estate lawyerThere are many different legal and financial issues that may play a role in a residential real estate transaction. Before a home can be sold, any encumbrances against the property must be cleared. In many cases, these encumbrances take the form of liens or debts that the current property owner owes to another party. Mechanic’s liens are one type of encumbrance that many people may not be aware of, and by understanding these types of liens, property owners can be sure they are prepared to address them properly and avoid any issues that may affect their ability to sell their home.

What Is a Mechanic’s Lien?

When work is performed on a home or property, a contractor has the right to seek repayment for this work. If a homeowner or property owner does not fully pay for work, the contractor may place a mechanic’s lien on the property to recover what is owed. Subcontractors or suppliers may also use mechanic’s liens to recover money that was not paid to them by a general contractor, meaning that in some cases, homeowners may be responsible for paying these amounts, even if they paid their contractor in full.

A contractor must generally file a mechanic’s lien within four months after completing work. Mechanic’s liens may also be filed within two years after the completion of work, but other liens or encumbrances against the property will take priority over liens filed outside of the four-month window. Liens must be filed with the Recorder of Deeds in the county where the property in question is located. To protect the rights of the homeowner, a general contractor must provide them with a sworn statement listing all subcontractors and suppliers before receiving their first payment.

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wheaton business lawyerStaying ahead of the competition is a critical factor in a company’s success. While some companies train their employees in unique and strategic manners, others have gained distinct intellectual property. When employees, especially those familiar with these unique properties, leave a company, the business may be subjected to subterfuge. To avoid risking this level of vulnerability, a company may require their employees to sign a covenant to not compete

Defining Covenants to Not Compete

Covenants to Not Compete, more commonly known as Non-Compete Agreements, act as a form of protection for businesses. The agreements prohibit employees from taking a job with a direct competitor within a given amount of time, thus, reducing the chances of the competitor learning of the business’s advantageous practices, including trade secrets and client lists. 

It is not uncommon for non-compete agreements to accompany an employment contract. While requiring new employees to sign such agreements is fairly common in today’s competitive landscape, courts have the authority to invalidate the agreement and leave the employer vulnerable. Collaborating with a business law attorney can help companies ensure that their agreements are both enforceable and adequately protective. 

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wheaton divorce lawyerMany family members are burdened with the task of organizing and managing the estates of deceased loved ones. Creating a will ahead of time and communicating with those who will be administering the estate helps to prepare loved ones for their responsibilities. An important role of fulfilling an estate is the role of executor. Appointed executors should have a thorough understanding of what is expected of them and what challenges they may face. 

Appointing an Executor to an Estate

When a person dies, an executor is appointed to administer and direct the deceased’s last will and testament. Primarily, the executor is responsible for fulfilling the wishes of the deceased and managing necessary affairs. The will’s creator or the court will appoint an executor. 

In Illinois, a court-supervised procedure, referred to as probate, may be required in the event of a death and typically is initiated by the executor. Through probate, numerous decisions are made on the behalf of the deceased, including decisions about inheritances and taxes

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Posted on in Foreclosure

ment. Once the specified grace period has passed, however, the homeowner may be subjected to a late fee. This late fee can then be accrued each month the loan goes unpaid. Lenders may also perform property inspections to determine if the home is still occupied and properly maintained.

What are a Homeowner’s Contractual Rights During Foreclosure?

Due to the documents signed when buying a residential property such as a promissory note and mortgage, rights and protections are also granted to the homeowner. 

An Illinois homeowner facing foreclosure will likely have the right to receive a preforeclosure notice. This notice is referred to as a “breach letter”. The letter notifies the homeowner that their loan has defaulted and allows the homeowner time to correct this before a lender can move forward with the foreclosure. 

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