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Recent Blog Posts
New Illinois Eviction Law Helps Both Tenants and Landlords
The COVID-19 outbreak across the U.S. has left many Americans wondering how they will make rent payments and what will happen if they are unable to do so. For the past few months, a residential eviction moratorium has been in place, restricting residential tenants from being evicted due to late rent payments. This moratorium has been extended on multiple occasions, but is intended to conclude at the end of July. A new state grant program is beginning in August to provide financial assistance to those who are struggling to make rent payments, yet this may not be enough for many Illinois residents to stay afloat for long.
In mid-July, the Illinois Supreme Court adopted a new rule for eviction proceedings that will go into effect immediately. Whether it is in response to COVID-19’s effect on renters or was a longtime coming, new Rule 139 requires aims to better inform all parties involved in eviction cases.
Rule 139
The eviction process is not as immediate as many may think — a number of notices are required and it can take time for the court to address the eviction request. Rule 139 does not quicken up the eviction process, but it better informs the renter and court about the details of the landlord’s eviction request and case against their tenant. Moving forward, all eviction complaints must include a copy of the written eviction notice and relevant portions of the lease agreement where applicable.
What Permits and Licenses Do I Need to Start a Business in Illinois?
When you decide to start a business, you will experience many challenges and important decisions early on, from securing funding, to attracting clients, to determining the type of business entity you should establish. As you go through the process, you should be sure not to overlook the importance of obtaining the permits and licenses your business will need to operate in compliance with the laws and regulations for your area. A business law attorney can help you identify the permits and licenses you will need and guide you through the process of getting them.
Common Business Permits and Licenses
Different permits and licenses are necessary depending on your business’s location, industry, and the products or services you provide. There are likely others that your business will need to pursue, but some of the most common examples include:
- Building permits: When deciding on a location for your business, you may need to obtain a building permit for the new construction of a building or addition or the remodeling of an existing space. Specific building permit requirements can vary from county to county, but in general, you will need to ensure that your space meets health and safety requirements and that your type of business is acceptable for the location’s zoning requirements.
How to Prevent a Contested Estate in Illinois
The time after a loved one’s passing is hard for all grieving family members, and it can be even more difficult when disputes arise over the decedent’s wishes or the validity of the will. As you prepare your estate plan, you should consider what you can do to prevent these disputes from happening after your death so that your family remains intact and well-provided for. The following tips will help prevent a contested estate.
Creating an Illinois Estate Plan to Minimize Disputes
Many contested estate disputes happen because family members are dissatisfied with how the terms of the will affect them, while others may be based more firmly on legal grounds. You should, of course, make sure that the terms of your estate plan reflect what you truly want, but there are also steps that you can take to help your family and beneficiaries understand your reasoning and show that you were of sound mind when making your decisions. These include:
What Are Your Options for Avoiding a Foreclosure in Illinois?
When homeowners default on their mortgage payments, sometimes the only option for lenders is to initiate foreclosure proceedings. However, this can lead to conflict between lenders and borrowers that may result in property damage, increased expenses, and challenges related to finding a new buyer. Sometimes, it is in the best interest of both lenders and borrowers to consider other options that may prevent the need for foreclosure.
Understanding Illinois Foreclosure Alternatives
When possible, lenders may consider working with homeowners to explore options that can prevent defaulting on payments or otherwise make a foreclosure unnecessary. These options include:
- Loan modifications: Depending on the type of loan, it may be possible to pursue a modification to the terms, including lower monthly payments, lower interest rates, and a longer payback period.
- Forbearance: As a temporary solution, the lender may allow the borrower to make smaller monthly payments for a period of time and then make up the difference in future monthly payments.
3 Common Mistakes to Avoid When Terminating an Employee
For many business owners, terminating an employee is something they hope they will not have to do. Unfortunately, letting employees go is just as much a part of being a business owner as hiring employees is. When an employer fires an employee, the employer must be careful to avoid creating an opportunity for the employee to sue.
Illinois is an “at-will employment” state, which means that a workers’ employment can be terminated for nearly any reason, including no reason at all. However, there are exceptions. For example, it is illegal to fire an employee on the basis of the employee’s age, race, national origin, and other characteristics protected by law. This creates a vast gray area when it comes to letting an employee go, and employers must make certain that the termination was handled in compliance with the law. There is no way to completely eliminate the risk of being sued, but avoiding these common mistakes can help business owners avoid litigation.
What You Should Know About Wills and Living Trusts
The process of estate planning can be challenging, depending on the size and complexity of your estate and what you want done with your assets upon your death. Proper estate planning requires a level of knowledge of the various tools, methods, and strategies that are often employed. For example, it is important to understand the differences between a will and a living trust and how those differences could affect your heirs. It is also a good idea to work closely with a qualified lawyer who can provide assistance in meeting your estate planning needs.
What Is a Will?
At its most basic, a will is a legal document that allows you to specify how your assets and possessions are to be distributed. A will can also name a legal guardian for any minor children. An important characteristic of a will is that it is a revocable and amendable document that you can control until your death. It can be updated, altered, or changed to accommodate changing situations, such as the death of an heir or divorce. Keep in mind, however, that there are some major limitations with a will—particularly when it comes to the amount of control you have over your estate after your death. The tax consequences for your heirs may also be significant if your estate plan consists only of a will.
What You Need to Know About Buying an REO Property in 2020
If you are trying to find a new home at a good price, you might have family and friends mentioning that you try to find a foreclosure property. In theory, this is not a bad idea. A home that is for sale because the current owner defaulted on his or her mortgage could sell for far below market value. In the wake of COVID-19, however, foreclosures have all but stopped, thanks largely to a moratorium put in place on foreclosures on federally insured mortgages. Private lenders have mostly followed suit, which means that there are probably not many foreclosure properties available. The good news is that you may have another option for finding a good value: a real estate owned home, more commonly known as an REO property.
What Is an REO Property?
When a home is foreclosed on due to default on the mortgage, the lender (or current holder of the mortgage loan) will eventually seize the home and attempt to sell it. This sale usually takes place at a public auction. In most cases, a foreclosure auction does not give participants the opportunity to see the property or inspect the home ahead of time. This means that bidders are effectively making offers on a property about which they know very little. Additionally, the highest bidder is usually required to pay cash for the property at the time of the auction. Financing is uncommon at foreclosure auctions.
How to Develop a Successful Business Idea
Most of us, at some point or another, have had those fleeting thoughts about a product or service that could serve as the foundation for a new business. On the other hand, maybe you have watched another company offer goods and services while knowing that you could do it better. So how does one go from the “idea” phase to the “action” phase of starting the actual business based on the idea? There are, of course, many steps, but the first important one is to determine whether or not the idea is truly marketable.
What Is Your Idea?
Not every business idea is going to grow into the next Microsoft or Google, and that is okay. A successful service or product is not necessarily going to break records or reshape the world as we know it. In order to be profitable, your idea simply needs to solve some type of problem for those you intend to reach.
With that in mind, you need to think about what your idea actually is. Is it a physical item that you intend to manufacture and sell? Is it an improvement on an existing product? Or perhaps, it is a service that you expect to provide for your clients in exchange for payment. No matter what you have in mind, a clear understanding of the idea is critical.
What You Should Know About Probate in Illinois
When someone dies without a will, or when heirs wish to determine the validity of a will, the decedent’s estate goes through a process known as probate. Probate can be a long and daunting process, and it may even be the source of stress when there are arguments about the estate, but understanding how it works can go a long way in helping you through the process.
Executor or Estate Administrator
During the probate process, an estate executor or administrator manages both the deceased’s assets and debts. If there is a will, this person is usually already named in the will. In the absence of a will, the court will appoint an executor (generally the closest family member). Named executors can decline their duties if they are unwilling or unable to fulfill them.
Creditors and Probate
Heirs are not the only ones that come forward during probate; creditors may also file claims to pursue unpaid debts. By law, they must do so within the fixed time period allotted to them. In addition, the IRS must be paid any and all income taxes due. All debts and taxes must still be paid prior to the distribution of any remaining assets or funds of assets. In addition, an income tax return must be filed for any assets that earn income during the probate period.
What Are the Most Common Types of Commercial Construction Contracts?
A commercial real estate development project will often represent a lucrative business opportunity for all parties involved. However, significant construction may be needed before a developer can realize the full potential of a property. Whether a new building will need to be built, an existing building will need to be refurbished, or other types of construction will be needed to ensure that a property will be able to serve its purpose, these construction projects can represent a major investment of time and money. To ensure that work will be completed properly, a construction contract will be needed, and the right type of contract should be selected based on the work being done.
Four Types of Construction Contracts
When parties sign a contract, they are making a legal agreement, and they will both be required to meet their contractual obligations. A contract should fully outline the scope of the work being performed and the responsibilities of each party. It should state the price of the project and how this amount may change if unforeseen circumstances occur, and it should detail a payment schedule and the penalties for late payments. Any relevant documents, such as blueprints and specifications, should be included in a contract.
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