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What Does a Parenting Coordinator in Illinois Do?
In Illinois, when parents are unable to agree on decisions regarding their children, the court may appoint a parenting coordinator to help resolve conflicts. A parenting coordinator is a neutral professional who helps parents navigate difficult issues related to parental responsibilities, also known as custody and visitation, and other parenting decisions. The main goal of a parenting coordinator is to reduce the negative effects of high-conflict situations and prioritize the well-being of the child.
Parenting coordinators can be lawyers, therapists, or other experts in family law who work with families in conflict. They can often stop problems from getting worse and help parents work together better. If you need assistance to work through co-parenting issues, a Lombard, IL parenting coordinator attorney can help.
Do I Need a Living Will and a Last Will and Testament in My Illinois Estate Plan?
When planning for the future, many people think a standard will is enough. However, a strong estate plan in Illinois often includes both a last will and a living will. These two documents serve different but equally important purposes. Having both can give you and your family peace of mind. Speak with a Wheaton, IL estate planning attorney to ensure your documents are valid and complete.
How Is a Living Will Different From a Last Will and Testament?
A last will becomes effective after you pass away. It lets you name an executor, choose guardians for minor children, and decide who inherits your property. Without a will, your estate will be divided based on Illinois's intestacy laws, which may not reflect your wishes.
A living will, on the other hand, has nothing to do with property. It is a legal document used while you are still alive in case you become seriously ill or injured and can no longer communicate or make decisions for yourself. It typically addresses end-of-life care, such as whether you want life-sustaining treatments like ventilators, feeding tubes, or resuscitation. This can ease a significant burden on your loved ones, who would otherwise have to make those decisions for you during a stressful time, hoping they know what you would have wanted.
What Is the Difference Between a Civil Union and a Marriage in Illinois?
When couples in Illinois consider formalizing their relationship, they typically choose to marry. However, there is another option. Both a civil union and a marriage offer legal recognition, but the differences can affect everything from benefits to out-of-state rights. Understanding the differences is key when deciding how to move forward with your relationship. For guidance specific to your situation, speak with a DuPage County, IL family law attorney.
What Is a Civil Union in Illinois?
A civil union is a legal relationship available to both same-sex and opposite-sex couples in Illinois. Civil unions became available in 2011 through the Illinois Religious Freedom Protection and Civil Union Act, under 750 ILCS 75/. This law gives couples in a civil union most of the same legal responsibilities, protections, and benefits as those who are married, at least under Illinois law. Couples in a civil union have rights related to inheritance, medical decisions, property ownership, and other matters. However, these rights generally stop at the state level.
What Is a Special Needs Trust and How Does It Work in Illinois?
When drafting an estate plan, you can incorporate documents to protect your loved one with a disability. A special needs trust can be used to help them have financial security without compromising their benefits. Consider the purpose and benefits of these trusts and then speak with an experienced Wheaton, IL estate planning attorney about how to incorporate one in your estate plan.
What Is a Special Needs Trust?
A special needs trust is a legal arrangement that allows you to hold and manage money or property for the benefit of a person with a disability. This person is known as the beneficiary. The funds in the trust can pay for things that improve the beneficiary’s quality of life, such as special medical treatments, therapy, education, travel, or recreation. Often, a special needs trust will address needs or wants that government benefits do not typically cover.
Is Illinois a Community Property State or an Equitable Distribution State?
Illinois is an equitable distribution state. Unlike a community property state, your assets are divided fairly rather than strictly equally. The first step in dividing property during Illinois divorce proceedings is to categorize your assets and debts as marital or non-marital. Working with an experienced DuPage County, IL divorce attorney ensures you understand your rights and what you can do to protect your assets, even in an uncontested divorce.
What Counts as Marital Property in Illinois?
According to Section 503 of the Illinois Marriage and Dissolution of Marriage Act, marital property refers to assets and debts acquired by either spouse during the marriage. This means that funds, retirement benefits earned during the marriage, real estate purchased while married, and even certain business interests can fall under marital property.
How Are Wills and Trusts Different in Illinois?
Wills and trusts are two common tools used in estate planning, but they serve different purposes and function in different ways under Illinois law. Whether you are planning for the future of your children or trying to avoid probate, understanding the distinction between these documents is essential, and an experienced Wheaton, IL estate planning attorney can help guide you as you create a comprehensive estate plan.
What Is a Will?
A will, also known as a "last will and testament," is a legal document that outlines your wishes for the distribution of your property after death. In Illinois, wills are governed by the Illinois Probate Act of 1975, 755 ILCS 5/1-1. This law explains the requirements for executing a valid will, including the need for the document to be signed by the testator and witnessed by two competent individuals.
Legal Requirements for an Illinois Surrogacy Contract
Entering into a surrogacy contract is a huge legal and emotional step for anyone involved. Illinois has extensive and comprehensive surrogacy laws, offering strong protections for surrogates and parents. To ensure your rights are secure, you must work with experienced attorneys. Our DuPage County, IL surrogacy contract lawyers help clients navigate the legal requirements and establish parentage.
Requirements for a Surrogacy Agreement in Illinois
In Illinois, a gestational surrogacy agreement must meet specific legal criteria under the Illinois Gestational Surrogacy Act, 750 ILCS 47, to be enforceable. The act stipulates that the contract must be in writing with two competent adults as witnesses, and it has to be signed before any medical procedures begin, excluding initial screenings. All parties involved must have legal counsel. Any compensation must be handled through an independent escrow account, and the surrogate has to agree to the following:
How To Choose an Executor for Your Estate in Illinois
The executor of your estate is the figure responsible for ensuring that your estate plan comes to fruition after you are gone. You have to be able to rely on them to protect and manage everything from asset distribution to tax payments. Choose someone you can trust – someone who exhibits certain personal qualities that fit the role and responsibilities. Consider what to look for in an executor, and talk to an experienced Wheaton, IL estate planning attorney about what it takes to create a robust strategy for your estate.
What Are the Responsibilities of an Executor in Illinois?
Illinois law requires the executor to manage the probate process, which ensures that your assets are properly administered and distributed per your will. It involves validating your will, paying off your liabilities like debt and taxes, and distributing what remains to your heirs or beneficiaries.
The Difference Between a Guardian ad Litem and a Child Representative
Family law matters that involve children, such as allocating parental responsibilities, can be complex and contentious. Sometimes, these cases require a guardian ad litem (GAL) or a child representative to act as an objective voice for the children, ensuring that their best interests are prioritized.
Both play essential roles in the court and offer a way to resolve disputes through an objective lens. The experienced Wheaton, IL guardian ad litem attorneys at A. Traub & Associates can help you understand how a GAL or child representative can impact your case.
What Are the Roles of GALs and Child Reps in Illinois Family Court?
A guardian ad litem is an attorney appointed by the court to investigate and make recommendations regarding what is best for a child in cases involving children. According to Illinois law, they can be called as witnesses to testify about the information contained in their report, and while they are tasked with representing the child’s best interests, that does not mean that they will adhere to a child’s wishes.
What Happens to Jointly Owned Property When I Die in Illinois?
Joint ownership of property can be structured in more than one way, and the specifics of what will happen to that property when a co-owner dies can vary. If you have concerns about how joint ownership of your property could impact everything from estate taxes to creditor claims, or anything else related to your estate plan, talk to an experienced Wheaton, IL estate planning attorney today.
What Is Joint Ownership Under Illinois Law?
Illinois’s Joint Tenancy Act covers the legal nuances of joint ownership, which refers to how more than one person holds the title to certain property. In general, there are three types of joint ownership recognized under Illinois law:
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Tenancy in common: With this agreement, the owners of a property have an inheritable share. Therefore, when you die, your share is inherited based on the terms of your will. For example, if you bought real estate with your siblings, your share could be left to someone else, but your siblings would retain ownership of their shares.
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