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.
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.