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Posted on in Estate Planning Blog

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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Posted on in Divorce and Family Law

wheaton child support lawyerIndividuals who were never married but share a child often face unique challenges and circumstances. Challenges such as child support are often dealt with as an element of the divorce process. In cases that involve non-married parents, it is likely that the establishment of paternity will be required. If this step is delayed, it may be possible for the custodial parent to seek retroactive child support for the expenses incurred prior to the custody support order taking effect.

The Parentage Act

Before child support or parenting time can be court-ordered, parentage must be determined. Parentage refers to the legal relationship between a parent and child. The Parentage Act in Illinois, originally established in 1984, entitles every child the right to their parents’ support, including physical, emotional, and financial support. The Parentage Act was specifically put in place to address the legal rights and responsibilities of unmarried parents. This includes divorced parents and parents who were never married. 

Ultimately, when determining the allotment of child support, it is important to maintain the same lifestyle the child is accustomed to or would have been accustomed to if their parents had remained united. 

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Posted on in Buying or Selling a Business

IL business lawyerBuying a business can be an important milestone in someone’s career and personal life. In some cases, buying a company that is already established can be very appealing and make the owning process much smoother compared to starting a business from the ground up. However, before a potential buyer makes any major decisions, there are many business and personal aspects that they should take into consideration.

Reasons for Wanting to Buy a Business

There are many reasons people opt to buy an already existing business instead of starting a business from scratch. Avoiding the challenging startup period can provide pre-established benefits including the company brand and identity, building or office space, customer base, vendor and supply base, and management processes.

While buying an existing business poses several advantages, a potential purchaser should also consider why they want to buy a particular business. When buying a business, it is in the purchaser’s best interest to seek out a business that aligns with their interests and ambitions. Generally, a company will likely be more successful and innovative if the owner has more familiarity and knowledge of the business’s products, services, target market, and trends.

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Posted on in Estate Planning Blog

IL estate lawyerIf there comes a time when you are unable to speak or make decisions for yourself, you will want directives in place that included pre-established decisions. A living will is a document that establishes a person’s medical care preferences should they be unable to communicate their desires. Living wills are one of many estate planning tools that an adult of any age can start preparing. With the guidance of a well-equipped attorney, living wills can be adequately formed and adjusted.

Purpose of a Living Will

A living will allows a person to still obtain the preferred medical treatment and prevents unnecessary hardship on an individual and their loved ones. Living wills allow a person to have their preferences met in a time they can no longer speak for themselves and also relieves their loved ones of the decision-making burden.

The durable power of attorney is a major component of an effective living will. This allows an individual to delegate another person to oversee that their wishes are met in terms of healthcare. The extent of authority that this agent is granted is at the discretion of the living will’s creator. If comprehensive authority is granted, the patient advocate will likely be permitted to consent or refuse consent to any treatment that affects physical or mental health, hire or fire any medical personnel, make choices regarding the best medical facilities for the patient, and more.

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