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Wheaton, IL real estate attorneysThere are a number of reasons that you may want to purchase a home that is being sold by the owner. It could be that the property has everything you have been looking for, or it could simply be a desire to complete an expedient purchase. Whatever the case, there are some risks that you should be aware of, and some factors you should consider, when purchasing a "for sale by owner" (FSBO) property. These risks and factors - and how you can effectively manage them - could prove to be crucial.

You May Have to Do Some Leg Work

Real estate agents are paid (and trained) to address many details for both the buyer and the seller. A FSBO owner, though interested in selling their property, does not have the same knowledge or experience, which means they may fail to provide you with important information. This oversight may not necessarily be intentional, but it is something you should be aware of. Furthermore, FSBO owners may lack the organizational skills needed to complete paperwork in a timely manner.

Be prepared for possible delays and never agree to anything until you have done your homework. At the very least, this should include an investigation on any previous insurance claims filed on the home, a market analysis of the area, research on zoning details and specific details of the property, and an experienced real estate attorney who can protect your interests by examining the contract and other details of the transaction.

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power of attorney, Wheaton estate planning lawyerHave you ever thought about who should handle your affairs if you became physically or mentally capacitated? Sadly, unexpected accidents and illnesses can affect even individuals who are otherwise young and healthy. A power of attorney is a type of advance directive that allows a person to designate a representative or “agent” to speak on his or her behalf in the event of a catastrophic illness or injury. The term “power of attorney” is used to refer to the estate planning tool as well as the individual who is chosen to act as the agent. This is a heavy responsibility, so it is important to choose someone who is capable of handling the role.

Financial Power of Attorney and Power of Attorney for Healthcare

A power of attorney for healthcare, also called a medical power of attorney, allows you to choose a representative to make medical decisions on your behalf should you become unable to express your own medical wishes. For example, if complications arise during surgery and you are under anesthesia, your power of attorney for healthcare may need to make decisions on your behalf about how to proceed.

A financial power of attorney allows you to choose a representative to make financial decisions on your behalf if you become incapacitated. Your agent will be responsible for paying your bills and handling other monetary or real estate matters.  Some individuals choose to assign both medical and financial responsibilities to the same person, while others choose to assign these roles to two different people.

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succession, DuPage County bueiSuccession planning refers to passing on ownership or leadership roles in a business. If you are a small business owner, proper succession planning can help you avoid many of the negative consequences of a sudden change in ownership or management. Even if you do not plan to give up ownership in the immediate future, it is never too soon to get started on a business succession plan. Once you are ready to move on to a new business venture or retire, the plans for selling or passing on the business will already be started. Ideally, succession planning should be an ongoing process that is updated as your business changes and grows.

Hire Employees Capable of Taking on Leadership Roles

Sometimes, a business owner wants to keep a business in the family. He or she may have an adult child or other relative that he or she hopes will eventually take over the business. However, passing the business to a family member is not always be the best option. It is also possible that the intended recipient of the business decides that he or she does not want to be a business owner. This is why it is crucial that business owners hire employees who are capable of filling leadership roles as they become available.

Choosing an employee as your successor is not the right choice for everyone, but it does come with certain benefits. If your successor is an employee, you will have time to properly train him or her and set the business up for success—even if this success occurs in your absence. Furthermore, if employees know that there are opportunities for advancement and even the chance of being an owner, they will be more inclined to put in the maximum effort at their current jobs.

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If you are getting divorced, you may wonder whether or not you will be able to receive spousal maintenance. Also called spousal support or alimony, spousal maintenance refers to payments that a spouse makes to the other spouse after a divorce. Although women were traditionally the recipients of maintenance, spousal support laws apply the same to men as they do women. Spousal maintenance is typically ordered when there is a significant difference in the spouses’ financial circumstances or when a spouse sacrifices career or educational opportunities for the benefit of the household.

Factors Considered by Illinois Courts When Determining Spousal Support

There are two ways that a spouse may be considered eligible for spousal support. The first is when the couple have already made spousal support decisions through a prenuptial agreement. Unless there is a problem that invalidates the prenuptial agreement, the court will uphold the arrangements to which the spouses agreed.

The second way a spouse can receive spousal support is by petitioning the court for spousal support. Courts consider a range of factors when deciding whether or not spousal support is appropriate. These factors include but are not limited to:

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Illinois house shopping, DuPage County Real Estate AttorneyPurchasing a new home can be both exciting and intimidating. Looking at different real estate listings, daydreaming about your ideal home, and gathering different decorating ideas can be fun. However, dealing with the financial requirements and trying to understand the real estate and legal jargon can be confusing. Therefore, consulting with your own DuPage County real estate attorney when you are ready to make the move is essential.

There are several common mistakes made when shopping for a new home, and knowing what those mistakes are can help you avoid those pitfalls.

Mistake #1: Looking Before You Are Ready

The first factor to consider is if you are really ready to purchase a home. Although you may prefer to build equity each month instead of handing your money to a landlord, most real estate specialists agree that if you are planning on moving away from the area in which you are currently living, then you should avoid purchasing a home until you know where you will be settling. If you purchase a home now, you may not be able to resell or rent the home when you move away.

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