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Recent Blog Posts
5 Rules for a Divorce Case in Illinois
1. Talk to an attorney first! - It is very important that you talk to an attorney before doing anything else. Your lawyer will help you to assess the case and thoroughly educate you in the area of Illinois Divorce law.
2. Talk to your spouse second! - Obviously, once you have an idea of what is going to happen in your divorce, you are better able to talk with your spouse and try to work things out. But without first consulting an attorney, you are in no position to negotiate a deal.
3. Explore Mediation with your Attorney! - Mediation is a process whereby parties use a neutral person to try to reach an agreement. It has a very high success rate and allows spouses to dictate their own agreement without having a judge reach an agreement with which neither party may be satisfied.
Choosing an Estate Executor in Illinois
One of the critical steps in estate planning is choosing an executor for your estate. In addition to choosing a qualified and experienced Illinois estate planning attorney, selecting an appropriate estate executor is an important part of estate planning to ensure that your wishes are carried out following your death.
An Illinois Executor's Responsibilities
Before choosing an executor for your will, it's important to understand what the executor's responsibilities are in Illinois. The specifics can vary depending on the size and nature of your estate, but in general, estate executor's are responsible for the following:
- Filing the appropriate paperwork with the county following your death
- Notifying your creditors of your death
- Paying bills (utilities, mortgage) until the estate is settled
Marriage Annulments in Illinois
Under Illinois law, an annulment of marriage is called a "declaration of invalidity of marriage". It is a court order declaring that a marriage is not valid, and should not be recognized by the state. An annulment is different from a divorce because a divorce is a legal declaration that a valid marriage is over.
In Illinois there are five reasons for a marriage annulment. The grounds declaring a marriage invalid specified under Illinois law (and the time limits by which a case must be filed) are:
- Coercion or duress (the classic "shotgun wedding"). Within 90 days of learning of the condition.
Per Stirpes Distribution in Illinois Estate Execution
Per Stirpes is the default method of dividing up a deceased person's estate in Illinois, if the deceased dies without having a will. Per stripes is based on each branch of his or her heirs. The estate is then divided equally according to the number of children that the deceased person has.
For example, if Mary dies without a surviving spouse and has two children, each will get an equal amount of money from her estate. If one of her children has predeceased her, and has three living children, each of the three will split that portion of the child's inheritance. If any of the three have children, grandchildren or great- grandchildren, then the half that would've gone to the deceased child will be split evenly amongst them.
Updating Your Illinois Estate Plan
Studies have shown that a significant number of American's do not have a will or any other estate planning documents. Illinois residents who have had a will drafted, or a full estate plan drawn up, may feel ahead of the game. And while it is a good thing to have done the proper estate planning, it's just as important to make sure you update your estate plan every few years as circumstances change.There are several reasons for this, including:
- Changes federal estate tax and gift tax laws
- Different family circumstances, such as a birth, death, marriage or divorce
- Entering or leaving a business arrangement
- Changes in your own financial situation or that of a family member
Division of Property in an Illinois Divorce Case
Whether you're facing your first divorce, or are trying to enforce the terms of a prior divorce decree, you may have a lot of questions about Illinois divorce laws and how the divorce process works in Illinois.
One main consideration of those getting divorced in the Illinois is the division of property and assets. When it comes to property division, unlike some other states, Illinois is not a community property state. Money or property acquired during the course of the marriage is presumed to belong to the marriage and, as such, is subject to an equitable division upon divorce. What is "equitable" is decided on a case-by-case basis.
Wills: What Illinois Residents Need to Know
Nearly everyone - even those with few assets - should have a will. Although their primary function is designating a decedent's beneficiaries (who they want their property to go to following their death,) wills can also include other important information.
If you're preparing to have your will drafted, or updated, you should decide the following information before meeting with your DuPage County estate planning attorney:
- Who will receive your assets following your death? (including real estate, automobiles, money, and other personal possessions.) You should have the full names, addresses, and phone numbers of your beneficiaries.
High-Profile Divorces Share Issues with Many Illinois Divorces
According to Mercurynews.com, the lengthy divorce proceedings between former Yahoo President Susan Decker and her now-ex husband, Michael Dovey, may finally come to an end.
Married in 1992, the couple has three children together, and filed for divorce in October of 2007. Thus began negotiations over the division of the couple's significant assets, including multiple residences, sailboats, and private club memberships. Then came allegations of infidelity, drug use, and spying. This culminated in bitter divorce litigation that lasted for years. However, just days before their divorce trial was scheduled to start, the couple recently agreed on a settlement that was approved by the Marin County, California judge presiding over their divorce.
Estate Planning a Top Concern for Recent Illinois Lotto Winners
One of the three winning tickets sold in the recent Mega Millions was sold in Illinois, igniting the hopes of future lotto winners statewide. Now the winners face the overwhelming job of deciding what to do with all of the money won. And one of the issues facing them is how to include the money in their estate planning.
Many financial experts advise that since tax rates are expected to raise in the next few years, it's advisable to take out a lump sum instead of recurring payments. So if you're looking for a smaller tax bill over time, the lump sum can protect you or protect your heirs if they inherit after the tax rates rise.
If a winner decides to receive the winnings in annual payments, the remaining payments after her death will go to her heirs. In many cases, however, the winner does not keep detailed records of the payments she received prior to her death, and coupled with federal income and inheritance taxes, the amount the heirs owe on taxes may be more than the amount received from the lotto payments.
Cigarette Smoking Could Affect Child Custody Arrangements
In what has increasingly become a common issue in custody disputes, singer Melissa Etheridge has raised the issue of cigarette smoking in the battle currently being played out between Etheridge and her ex-fiancee Tammy Lynn Michaels over the former couple's five-year-old twins. According to a report in The Huffington Post, Etheridge filed documents alleging that Michaels had accidentally burned one of the children with a cigarette and is requesting that the court order both women to create a smoke-free environment for the children.
Maine was the very first state to pass a law that addressed smoking around children. In what was considered ground-breaking legislation, the law forbade foster parents from smoking or allowing others to smoke in their homes or cars. Since 2003, when that law passed, at least eighteen states have had courts rule that subjecting a child to cigarette smoke is a factor which should be considered in deciding custody. In thousands of cases, judges have issued orders that prohibit smoking around children.
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