Call Us630-665-2500

124C S. County Farm Road, Wheaton, IL 60187

IL probate attorneyEstate matters can be complicated since they involve emotional attachments to people and things. Creating a will helps make sure a person’s wishes are carried out after he or she passes away. For those individuals who are single or married with no children, a Last Will and Testament allows them to specify how their assets should be distributed to their heirs upon death. For people with children, a will can be used to address how they would like guardianship of their children to be handled. In addition, certain medical treatment that someone does or does not want to receive at the end of life can be specified. However, it is difficult to please everyone all of the time, and some relatives may not agree with the terms of a will. An experienced estate planning attorney can help families avoid contentious disputes over the contents of a will or trust.

What Is Probate?

Losing a loved one is hard under any circumstances, and it can be especially challenging when you believe your family member’s will is not valid. If you have concerns about a will, you can file what is called a will contest when it goes through probate. When someone dies, his or her estate usually must go through the legal process of probate. Probate is required for the following reasons:

  • To authenticate the decedent’s will.
  • To identify and locate all of the assets within the estate.
  • To give creditors a chance to file claims against the estate.
  • To ensure that any and all taxes on the estate are paid.

Challenging a Will

In order to contest a will in Illinois, one must typically take the below steps:

...

IL business attorneyIf you are an entrepreneur, you may have a dream of opening your own business someday. Being your own boss can provide a flexible schedule and control over daily operations. In addition, it can be rewarding to build a company from the ground up. Regardless of the type of industry or field you go into, it is imperative that you research and take the necessary legal steps before launching your business. An experienced Illinois business law attorney can explain what you need to do to get started off on the right foot.

Things to Do Before Opening Your Doors

There are numerous issues to address before you can say you are officially open for business. Here are several steps to take with the help of your attorney to make sure you are successful:

  • Build a business plan: Develop your pitch, determine your business structure/entity, create a budget, address desired markets.
  • Register your business: Once you decide on the type of business formation, you need to register it with the state of Illinois so it is legally recognized as a business organization.
  • Consider tax obligations: Depending on which county your company is located in, the tax codes may differ.
  • Obtain required licenses and permits: Licensing requirements may depend on if you are opening a retail store versus a restaurant or a bar.
  • Open a business account: It is important to keep personal assets separate from business assets by having different bank accounts for each. This is also essential for accurate record keeping.
  • Choose a location for your business: Consider your target customer base when selecting a place for your company’s headquarters. Some people may want it to be located in a city or metropolitan area instead of a more rural town.
  • Finance your company: You will need money to rent space, buy inventory and supplies, and hire personnel, which can be obtained by taking out small business loans, or state and local grants.
  • Build your brand: To stand out from the crowd, create a dynamic online presence with an engaging website and social media pages to market your brand.

Contact a Wheaton, IL Business Lawyer

Becoming a business owner is no small endeavor. It requires careful planning and attention to detail. An experienced DuPage County business law attorney will ensure that your rights are protected when drafting your business contracts. The qualified team at Stock, Carlson & Duff LLC is prepared to take on your case and handle the legal details of your business so you can focus on the day-to-day tasks. Call us today at 630-665-2500 to set up a confidential consultation.

...

IL divorce lawyerAlthough there is light at the end of the tunnel with a vaccine for coronavirus being administered now, the economic impact may be felt for some time. Many non-essential businesses such as bars, restaurants, casinos, fitness centers, and salons were closed to stop the spread of COVID-19. As a result, workers across the country, including Illinois, had to file for unemployment for the first time in their lives. The financial impact of this can be especially difficult for a divorced person.

In some cases, an individual may either pay spousal maintenance (alimony) or receive it as determined in the divorce decree. Spousal support refers to the legal obligation to provide financial support to an ex-spouse in a legal separation or divorce. The purpose of this maintenance is to help the ex-spouse eventually become self-supporting. However, if either spouse loses his or her job, it is important to understand how this unemployment can impact the support payments moving forward.

Spousal Maintenance 101

According to Illinois divorce law, spousal maintenance is intended to help the supported spouse maintain a similar financial situation as he or she had during the marriage. It is often awarded to the lesser-earning spouse or one who did not work outside of the home. Before this type of financial support is awarded, the court will review certain factors, including each spouse’s income, if child support will be paid, and whether one spouse needs financial assistance. A judge can order maintenance for a short or indefinite period with a periodic review depending on the details of the marriage and divorce. For example, if a couple was married a long time and one person has medical issues that prevent them from working, the support may be permanent.

...

IL real estate lawyerA commercial lease agreement is a written contract used to rent an office, retail, or industrial space. This legally binding document outlines the terms and conditions associated with renting the space. These types of leases are generally more involved than a residential lease because commercial properties cost more to maintain. The contract is typically between a party who owns a commercial property (landlord) and a tenant who rents the property or building space in order to operate a business, usually in the retail, office, or industrial fields. Per Illinois real estate law, there are certain issues that must be addressed in a commercial lease agreement in order for it to be valid.

Finding the Right Fit for Your Business

Commercial leases are important since they provide income for the property owner or landlord and also provides the business owner with a safe and secure place in which to do business. In addition, these agreements establish rules for how the business can be conducted, as well as the rights and responsibilities of each party. Specific details about what kind of business will be conducted should be clearly stated so as to avoid any illegal activity. Standard residential leases usually last one or two years, while a commercial lease can be 10 years or more, especially if the business is thriving.

Similar to other states, Illinois has three main types of commercial leases:

...
Tagged in: commercial leases

IL estate planning lawyerEstate planning includes several different legal documents that outline a person’s future wishes through the creation of a will or a trust. Making decisions ahead of time can alleviate the uncertainty and potential disputes after someone passes away. Probate is the judicial process in which an individual’s will is proven in a court of law and accepted as a valid public document that is the true last testament of the deceased. In addition, it is also the process by which the estate is settled according to the laws in the state of residence of the deceased person at his or her time of death if he or she does not have a will (intestate).

Understanding the Executor’s Role

An Executor is named in a Last Will and Testament to oversee the probate of his or her estate. In many cases, this individual is named in the will, but any competent adult can volunteer to be the personal representative (PR) of the estate. The duties and responsibilities of the executor should be taken seriously. Here are a few tips for successfully completing them:

  • Consult an experienced estate planning attorney to ensure that you perform your duties and responsibilities correctly.
  • Identify the estate assets immediately after the death and determine if they are probate or non-probate assets.
  • Keep detailed records and documentation of everything you do as executor.
  • Obtain the assistance of a real estate professional to appraise and/or sell property or a certified public accountant (CPA) to prepare the estate gift and tax return.
  • Do not release any estate assets without your attorney’s approval because if you make an error, you could be personally liable.

It is important to note that the state of Illinois issues an estate tax in addition to the gift and estate taxes from the federal government.

...
Back to Top