Get Clarity on Common Legal Concerns
We understand that legal processes can be complex and raise many questions. That’s why we’ve compiled answers to some of the most common questions we receive. Explore the FAQs below to learn more about how we can assist you and your specific legal needs. If you don’t see the answer you’re looking for, feel free to contact us directly for personalized guidance.
Yes. Estate plans should be updated whenever significant life changes occur, such as marriage, divorce, the birth of a child or grandchild, retirement, changes in financial circumstances, or changes in Illinois or federal law.
Your executor should be someone you trust to responsibly manage your estate, follow your wishes, communicate with beneficiaries, and handle financial and legal matters. Many people choose a family member, close friend, or a professional fiduciary depending on their circumstances.
Probate costs vary based on the complexity of your situation and the documents you need. Simple plans generally cost less than more comprehensive plans involving trusts, business planning, or tax considerations. During your consultation, we’ll discuss your goals and provide a clear understanding of your options.
Business owners should incorporate succession planning into their estate plan. Proper planning helps ensure ownership transfers smoothly, protects the business you’ve built, and provides continuity for employees, partners, and family members.
Depending on your circumstances, certain Probate strategies may help preserve assets while preparing for future long-term care needs. Planning early often provides more options than waiting until care becomes necessary.
It’s generally recommended to review your estate plan every three to five years or whenever a major life event occurs. Regular reviews help ensure your documents continue to reflect your wishes and current circumstances.
A Living Will allows you to express your preferences regarding certain medical treatments if you become terminally ill and are unable to communicate your wishes. It provides guidance to your loved ones and healthcare providers during difficult situations.
A Power of Attorney is a legal document that authorizes someone you trust to make financial or healthcare decisions on your behalf if you become unable to make those decisions yourself. It helps ensure your affairs continue to be managed according to your wishes.
In many situations, yes. Proper Probate strategies—such as creating certain types of trusts, using beneficiary designations, and holding property jointly—may help reduce or avoid probate for eligible assets.
The length of probate varies depending on the complexity of the estate, creditor claims, and whether disputes arise. Many estates are settled within several months, while more complex estates may take a year or longer.
Probate is the legal process of administering a deceased person’s estate. It typically involves validating a will, identifying assets, paying debts and taxes, and distributing remaining property to beneficiaries according to the law or the deceased’s wishes.
Probate is the legal process of administering a deceased person’s estate. It typically involves validating a will, identifying assets, paying debts and taxes, and distributing remaining property to beneficiaries according to the law or the deceased’s wishes.
If you pass away without a valid will, Illinois intestacy laws determine how your estate is distributed. This may result in assets being divided differently than you intended, and the court will appoint someone to administer your estate.
It depends on your individual circumstances. A will outlines how your assets should be distributed after your death, while a trust can help manage assets during your lifetime, avoid probate for certain property, and provide greater control over how assets are distributed. An Estate Planning can help determine which tools best fit your goals.
An estate plan helps ensure your assets are distributed according to your wishes while protecting your loved ones and minimizing legal complications. It also allows you to appoint trusted individuals to make financial and healthcare decisions if you become unable to do so yourself.
Keith Short & Associates has decades of experience representing car accident victims throughout Southern Illinois. Our team provides personalized legal representation, clear communication, and aggressive advocacy to help clients pursue the maximum compensation they deserve.
Important evidence may include police reports, photographs, witness statements, medical records, vehicle damage, surveillance footage, and documentation of lost wages and other expenses.
Keith Short & Associates handles most personal injury cases on a contingency fee basis. That means you pay no attorney fees unless compensation is recovered on your behalf.
Passengers injured in a car accident often have the right to seek compensation regardless of which driver caused the accident. Your attorney can determine who may be legally responsible for your injuries.
Most car accident claims are resolved through settlement negotiations. However, if the insurance company refuses to offer fair compensation, your attorney may recommend taking your case to trial.
Some injuries, including whiplash, concussions, and soft tissue injuries, may not appear until hours or days later. Seek medical attention as soon as symptoms develop and document all treatment.
Some claims resolve in a matter of months, while more complex cases involving serious injuries or litigation may take longer. Your attorney can provide a better estimate based on the specific facts of your case.
Not without first understanding the full extent of your injuries and damages. Initial settlement offers are often lower than what a claim may actually be worth. An experienced attorney can evaluate whether an offer is fair.
If the at-fault driver is uninsured or underinsured, your own uninsured or underinsured motorist coverage may provide compensation. An attorney can review your insurance policy and explain your options.
Depending on your case, you may be entitled to compensation for medical bills, future medical expenses, lost wages, loss of earning capacity, pain and suffering, emotional distress, property damage, and other accident-related losses.
Illinois follows a modified comparative negligence rule. You may still recover compensation if you were 50% or less at fault, although your recovery may be reduced by your percentage of responsibility.
In most cases, Illinois law allows two years from the date of the accident to file a personal injury lawsuit. Because exceptions may apply, it’s best to speak with an attorney as soon as possible.
Every case is unique. The value of your claim depends on factors such as the severity of your injuries, medical expenses, lost wages, future medical care, pain and suffering, and the extent of the other party’s negligence.
While not every accident requires legal representation, hiring a car accident attorney can help protect your rights, maximize your compensation, and handle negotiations with insurance companies – especially if you suffered injuries or significant property damage.
Your safety should always come first. Call 911, seek medical attention if anyone is injured, exchange information with the other driver, document the accident scene with photos, and avoid discussing fault. Contact an experienced car accident attorney before speaking with the insurance company.
Signing your Trust is like buying a basket – once you buy it, you need to fill it. That means transferring property into the name of the Trust or making the Trust the beneficiary of assets that cannot be transferred into the name of the Trust. This also requires routine maintenance to make sure you haven’t made purchases or transfers that are not within the Trust.
The best time was yesterday. The second-best time is now. A Power of Attorney can only be created when someone has capacity to do so – meaning that they understand what they are signing. Once someone is incapacitated it is too late to create a Power of Attorney and guardianship may be the only option.
Typically, that is not a good idea. First, you lose certain tax benefits that come from inheriting a house versus gifting a house during your lifetime. Second, you could be allowing your house to become an asset that is subject to judgments that may be entered against your child. If your goal is to transfer your house to your child after you pass, doing so through a Transfer on Death Deed, Will or Trust is a better option.
You will need to keep detailed records of any financial transactions you make on behalf of the Ward and be prepared to report to the Court periodically regarding those transactions. You will also have to provide the Court with updates regarding the ward’s medical status.
Guardianship requires that the person requiring guardianship (the “ward”) be deemed incapable of handling their own financial or medical needs. Taking away someone’s ability to make their own decisions isn’t something that is taken lightly. Therefore, a doctor’s determination of that person’s abilities is required to help the Court understand their abilities and needs.
If your child is going to require your assistance with medical and/or financial decisions after turning 18, you will need to be appointed as the Guardian of their Person and/or Estate to be able to effectively assist them. This process should be started before the child’s 18th birthday for a smooth transition.
Probate can be avoided in the following circumstances: 1) any assets that are in your name individually have beneficiary designations or pay on death provisions that allow them to pass outside if the probate process; 2) the total value of your assets does not exceed a certain amount and do not include real estate, in which case a small estate affidavit can be used; 3) your assets are jointly titled with a survivorship clause and can pass to the surviving joint owner(s); or 4) you assets are titled in the name of a Trust.
A Will alone will not avoid probate, but it will make the probate process easier by specifying what will happen to your assets, who will be in charge of your estate, and waiving the requirement of a bond. Additional steps may be required to avoid probate.
Probate is the court supervised process of collecting the assets of someone that has passed away, paying any necessary debts, and then distributing the remaining assets to those entitled by either a Will or by statute.
The Illinois workers’ compensation system also provides benefits for family members who have lost a loved one in a work-related accident.
Workers’ compensation in Illinois is a no-fault system. So long as you were injured on the job, you are entitled to benefits whether or not your injuries were your fault.
In general, any work-related injury is covered by the Illinois workers’ compensation system. So long as you were injured while performing tasks associated with your employment, you will more than likely be entitled to benefits.
No. The law bars employers from using workers’ compensation claims against its employees or treating them differently from other workers. You may have additional claims against your employer if it does so.
You first step should always be to notify your employer of the injuries you sustained. You may notify your employer either verbally or in writing, but failure to do so could jeopardize your ability to obtain benefits.
The only way to know if you have a claim is to consult with an experienced workers’ compensation attorney. By discussing your case, you can learn your options and decide on the best way to proceed for your specific situation.
With certain limitations, yes. You should consult with an experienced lawyer to discuss what restrictions, if any, might apply.
Your lawyer will accurately and completely fill out your claim documents and submit them in a timely fashion. He or she will also handle all negotiations with your employer’s insurance company, obtain the necessary medical records and can appeal any wrongfully denied claims. Mistakes are often made by anyone not familiar with the Illinois workers’ compensation system, which could impact your ability to receive maximum compensation for your injuries.
The workers’ compensation system is set up to be an employee’s exclusive remedy against his or her employer. However, depending on your situation, you might be able to file personal injury claims against liable third parties, including nonemployer supervisors, equipment manufacturers, motor vehicle drivers or contractors.
If your injuries result in a permanent disability, you will be entitled to permanent partial disability benefits. These benefits amount to two-thirds of your weekly income, plus the cost of medical care associated with your injuries.