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Recent Blog Posts
Construction Defects: Understanding Your Purchase Contract
Before construction began on your new home, a purchase contract was established between you and the builder. The agreement specified the expectations for the construction of the home, closing of the purchase, and likely included plans or detailed specifications to be followed during the building process. What happens, however, if the builder fails to meet the terms of the contact or the home is found to have construction defects? While you may have grounds to file a lawsuit against the builder, it important to first examine your contractual agreement, as it may potentially limit your available courses of action.
Implied Warranty of Habitability
As a purchaser of new construction, you generally have the right to expect that the construction will be completed in compliance within industry standards. Illinois courts have established over time an Implied Warranty of Habitability that offers a level of protection to new home purchasers who find latent defects in the home’s construction and have no other legal recourse. The scope of the implied warranty, however, is fairly narrow and applies only to defects that make the home reasonably unsuited for its intended use.
Dual Agency in Real Estate - What Every Home Buyer and Seller Should Know About Their Real Estate Agent’s Interests
People often assume that a real estate agent is there to represent them and their interests. Sadly, this is not always the case. Neither state or federal law prohibits a real estate agents from having conflicting interests, and some exploit that loophole to the fullest extent possible. Learn more about “dual agency” among real estate agents, including how it could affect your next real estate transaction, and discover how our seasoned Wheaton real estate attorneys can minimize the risks.
Dual Agency in Real Estate - What It Is and Why It Matters
In an ideal world, a real estate agent would work with only the buyer or the seller - never both. Sadly, dual agency is extremely common among agents. In this scenario, the agent provides services to both the buyer and the seller, and that allows them to keep the entire commission. In short, the only interests they are representing are their own, and that can create all kinds of issues in a real estate transaction.
Not Updating Your Estate Plan After a Divorce Can Put Your Heirs at Risk
If you have an estate plan in place, congratulations! You are already doing better than most Americans. Estate planning documents are not evergreen, however. Instead, the guarantor must review them regularly and update them whenever a significant change occurs. Perhaps the most overlooked (and potentially devastating) issue is that of divorce. Learn more about how not updating your estate plan after a divorce can put your heirs at risk, and discover how our seasoned Wheaton wills and trusts lawyers can help set things right again.
Divorce and Your Estate Planning Documents
During a divorce, marital assets are divided and then distributed, which can drastically affect the value of your estate. As such, the exact details of your will or trust may change. There may be less to distribute to your heirs, or perhaps some specific assets went to your ex-spouse. In either case, your estate plan must be updated to reflect these changes in your net worth. Furthermore, you must practice due diligence to ensure that an oversight does not occur. For example, your divorce decree may state that your spouse is no longer entitled to any of your retirement pension plan, but if you do not change the designated beneficiary and you pass away unexpectedly, the money could still go to your ex-spouse, rather than the intended heirs.
Commercial Real Estate Leases - What Every CRE Investor Should Know Before Renting Out Their Property
With more investors breaking into the commercial real estate sector, demand for reliable and comprehensive information on the selling and leasing of property increases. Granted, the information that one finds on the internet must be carefully vetted, and investors are highly encouraged to run all decisions and potential changes by their attorney, as this can help avoid the risk of lawsuits and financial loss. However, with a better understanding of the potential pitfalls, landlords can be better prepared, which can allow them to better plan for their future.
Being Prepared for the Challenges in Commercial Leasing
The stakes and risk of financial loss are far greater for the commercial landlord and tenant. There are also some nuanced issues in the CRE market that can significantly alter the needs and concerns of an investor. For example, there are different asset classes in the CRE market, and the challenges tend to vary for each one. In other words, the owner of a low-income apartment will have different needs than a hotel or casino owner.
Wills and Trusts - Understanding the Difference and Why It Matters
It can take decades to build wealth, so it only makes sense for guarantors to want a say over how their assets will be distributed upon their death. Wills and estate plans are valuable estate planning tools that can allow you to do just that. There are some distinct differences between these two options, however, and a variety of factors can dictate which option is most appropriate for your situation. Learn more, including how our seasoned estate planning lawyers can help protect your heirs, and your estate, immediately and long into the future.
What is a Will?
A will is a written document that explains how a guarantor’s assets should be distributed, upon their death. A guarantor can retract or amend a will at any point in their lifetime, and an update is recommended any time that a guarantor experiences a significant change in their situation (i.e. marriage, divorce, children, etc.). Wills can also be used to name guardians for minor children.
Old Buildings and State-of-the-Art Technology: How to Have the Best of Both Worlds in Your CRE Investment Properties
Although simpler times have long since passed, a great many people still feel a sense of nostalgia when they step into an old building. Older, convertible buildings can also be a boon for real estate investors, as they are often priced below market value. Unfortunately, it can be difficult to retrofit these buildings to ensure they offer the state-of-the-art technology that most commercial real estate tenants want and need for their businesses. The solution? Find a way to have the best of both worlds.
When is Retrofitting an Old Building Worth the Cost and Effort?
Not every building can or should be retrofitted. Consider New York’s Pennsylvania Station as an example. The building, though a historical and architectural work of art, had become dilapidated to the point that it was a safety hazard, and the cost of repair was prohibitive. Without another practical use for the space, retrofitting seemed not only impossible, but also pointless. There are buildings that can be retrofitted, however - ones that would greatly benefit the community, investor, and potential tenant.
Giving Your Heirs “Lifetime Gifts” Can Benefit You During the Estate Planning Process
If estate plans were only about money, they would not be so difficult to create. Instead, parties must first come to terms with their own eventual death, and they must consider where and how they would like money to be distributed. Since family matters can be highly complex and sometimes volatile, and the rules for handling assets upon one’s death can vary by type and situation, such decisions regarding inheritances can be more than just difficult. One possible solution is to use “lifetime gifts” as your guide. Learn more in the following sections, including how our seasoned estate planning attorneys can help with drafting your initial estate plan.
What is a Lifetime Gift?
Lifetime gifts are often used as an estate-planning strategy for reducing federal and state taxes, which means they are most commonly used in estate plans that exceed either the $4 million Illinois state estate tax exemption or the $5.5 million federal estate tax exemption. Each gift, which may equal up to $15,000 in value each year ($30,000 maximum for married couples giving a joint gift), reduces the value of the estate, thereby reducing the amount that heirs will be taxed when they inherit it. Lifetime gifts can do more than simply lower the tax load of one’s estate, however. They can also benefit the guarantor during the estate planning process.
Assigning a Power of Attorney - Reasons, Considerations, and the Steps to Take
When drafting an estate plan, guarantors are often asked whether they have selected a power of attorney to represent them during a period of incapacitation. Do you really need such a person and how do you decide which person to name in your will or trust? More importantly, how can you ensure that the person you select is able to effectively represent your interests? Learn the answers to these questions in the following sections, and to discover how the assistance of a seasoned wills and trusts lawyer can protect the best interests of you, your heirs, and your estate.
Why Assign a Power of Attorney?
Although it can be unnerving to legally name and assign someone to handle your financial and healthcare decisions during a period of incapacitation, doing so can benefit you, your family, and your estate. First, it can ensure that you are not given medical treatments that you do not wish to receive. You are also less likely to experience the financial consequences that tend to occur when one’s finances go unmanaged (i.e. late fees, extreme loss in the stock market, unpaid bills, etc.), which can ensure your estate remains preserved for your heirs, should you eventually pass away.
Millennials Focus on Dog-Friendly Properties When Renting - What This Could Mean for Your Real Estate Portfolio
If you want to win over the millennial generation and expand your real estate portfolio, it may be time to let your properties go to the dogs - literally. Recent surveys indicate that this generation is not looking for design features or your typical amenities when deciding where to rent or buy. Instead, they are focused on finding a home that caters to their furry friends. Learn how you can better cater to this generation by adding more dog-friendly amenities, and discover how a seasoned real estate lawyer can help you to further expand your real estate portfolio to secure a better, healthier financial future.
Real Estate Has Gone to the Dogs
The millennial generation has finally reached the age where they are not just renting, but also purchasing homes. The reason is not to start a family, however. Instead, millennials are looking to give their dogs the best life possible. In fact, one survey found that 33 percent of the millennials who purchased a home did so because of their pets, which outranked marriage (25 percent) and the possibility of a child (19 percent). Another 42 percent of millennials who do not yet own homes say they are planning to eventually purchase one to accommodate a dog.
Estate Planning for Your Pet - What Pet Owners Should Know Before Writing Their Will
When creating an estate plan, most people ensure their children and spouse are covered. Sadly, few people consider how their death could impact their furry family members. In fact, statistics indicate that only about 18 percent of pet owners have considered making provisions for their pet in their will. This oversight, which may be partially attributed to the fact that not everyone knows you can estate plan for a pet, often results in a poor outcome for beloved animals. Learn how you can prevent such a fate for your family pet using a pet trust or comprehensive estate plan, and discover how a seasoned estate planning lawyer can assist you with the estate planning process.
Why Include Your Pet in an Estate Plan?
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