What is a Surety Bond in Illinois Probate Proceedings?
Probate is the legal process in the state of Illinois for administering the property of someone owning real estate and assets valued at more than $100K, who is deceased, incapacitated, or under 18 years of [...]
Appraising Valuable Personal Property for Estate Planning: Why and How
If you have an artist’s eye and appreciate items of great worth, then this article is for you. When a person owns artwork, expensive jewelry, collectible antiques, and other prized possessions, they often think they [...]
What is the Safety Deposit Act and How Can I Access the Safe Deposit Box of a Deceased Loved One?
Since the mid-1800s, people have been using safety deposit boxes at their local bank or credit union to store important documents and valuables, like jewelry or rare collectibles. While some banks have scaled back or [...]
Taking Children Out-Of-State After Divorce: What You Need To Know About Illinois Law
Whether the goal is to be closer to family, to pursue a new job opportunity, to cohabitate with a new partner, or to finally settle into the home of your dreams, there are many reasons [...]
How Are Assets Divided In An Illinois Divorce
Getting divorced in Illinois will always come with a number of critical and complex issues that need to be addressed — including the division and distribution of assets and debts. Let’s dive into some of [...]
What Is The Difference Between A Power Of Attorney And A Durable Power Of Attorney
The power of attorney, also known as a POA, can be an essential piece of your estate planning puzzle. Flexible, customizable tools that can be shaped to meet your specific needs, powers of attorney can [...]
What Happens In A Custody Hearing In Illinois?
As a parent, you more likely than not have many preferences, hopes, and ideas about where your children should live and how they should be raised following your divorce. At the same time, your soon-to-be-ex-partner [...]
Why It’s More Important Than Ever To Have A Comprehensive Estate Plan
Many of us think of estate planning as a complex and unpleasant task to be put off whenever possible. However, in these uncertain times, estate planning is especially critical. Your estate plan provides certainty for [...]
What Is A Postnuptial Agreement, And When Do I Need One?
In addition to being an important step in an interpersonal relationship, marriage imposes a complex set of default legal and quasi-contractual obligations on each partner. Like a prenuptial agreement, a postnuptial agreement, sometimes called a [...]
When Is Probate Required In Illinois? Here’s What You Need to Know
In the state of Illinois, probate is the legal process required for administering the property of someone who passed away. According to the Probate Act of 1975, 755 ILCS 5/Art. XXV, a formal court proceeding [...]
What You Need To Know About Collaborative Divorce
When we think about divorce, we tend to think of a contentious process in which the parties argue over every detail, leaving all involved with hard feelings — and substantial legal bills. But divorce doesn’t [...]
What You Need To Know About Enforcing A Prenup In Illinois
Prenuptial agreements are an effective, and increasingly popular, way for partners to make critical decisions about assets and property before tying the knot. With that being said, in the event of a divorce, it is [...]
The Importance of Estate Planning for Blended Families
Blended families are everywhere in pop culture — from the swinging ‘60s vibes of The Brady Bunch to the complex, intertwined family arrangements we see in shows ranging from Modern Family to Cheaper By the [...]
How Does Legal Separation Differ From Divorce In Illinois
It’s rarely easy to decide to end a marriage. And because marriage is a complex legal relationship, not just a personal one, the choice to end a marriage is often more complicated than the parties [...]
What Is A “Taxable Estate”
Most of us know the term “estate tax,” but may not understand how it interacts with our own estate planning. One of the most frequently encountered — and misunderstood — topics in estate planning is [...]
The Pet Trust: Securing Well-Being For Your Furry Loved Ones
According to the American Veterinary Association, 76% of cat owners and 85% of dog owners consider pets to be members of the family. As we plan for life transitions, assuring the well-being of our companion [...]
Estate Planning With A Prenuptial Agreement: What You Need To Know
If we were making a list of the subjects nobody likes talking about, prenuptial agreements and estate planning would likely be near the top. However, a prenuptial agreement can be a vital part of an [...]
When Should My Trust’s Beneficiaries Receive Their Distributions?
There’s no question that estate planning is complicated and can be stressful. As you prepare for your family’s future, you’ll be faced with a lot of questions. Things like the guardianship of any minors under [...]
Important Resources For Adoptive Parents
Adoption is a beautiful way of creating a family, but it can be a daunting legal process. In fact, for potential adoptive parents, understanding the process can be downright discouraging. Finding the right resources before [...]
Managing Funds Held On Behalf Of A Minor
In Illinois, transferring or leaving money or property to a minor child can be a complicated proposition. Under Illinois law, like the law of most other states, minors can’t hold property directly. Someone else- a [...]
What Happens In A Contested Adult Guardianship?
Adult guardianship is a legal process by which an adult who has been adjudicated disabled is assigned a legal guardian. Most adult guardianships are uncontested, meaning that all parties agree on the need for guardianship [...]
Myths And Misconceptions About Adoption In Illinois
Adoption is much more than just a legal process — it is a profound and joyous way to add a new member to the family. Unfortunately, those considering placing their child for adoption or adopting [...]
Reopening A Closed Probate Estate In Illinois
Probate is the legal process by which a person’s estate is administered and distributed upon their death. The purpose of the probate process is to distribute the decedent’s property and to make sure all debts [...]
Estate Planning For Digital Assets
A surprising amount of modern life takes place online. Having a combination of multiple email accounts, cloud storage accounts with photos and videos, social media accounts, banking, web domains, and payment apps like Venmo or [...]
Common Myths About Guardianship
The recent news of some high-profile guardianships, also referred to as conservatorships, has led to a lot of hotly contested debates on the topic. Myths abound and often lead to misunderstandings of the guardianship process [...]
What Happens At An Adult Guardianship Hearing In Illinois?
Adult guardianship is a legal process in which an adult is adjudicated legally disabled incapacitated by reason of mental disability or illness and the terms of the personal or financial guardianship are set. In an [...]
Adoption for LGBTQ+ Couples: What Illinois Families Should Know
Bringing a new child into your home can be one of life’s most exciting gifts. For those who are unable to have their own biological children or those who simply wish to expand their family [...]
What to Expect During a Prove-Up Hearing In an Illinois Divorce
You’ve gone through the process of filing for a Petition for Dissolution of Marriage. You and your attorney have navigated discovery, and you’ve made it through rounds of negotiations with your spouse and their attorney [...]
Supervised Vs. Independent Estate Administration in Illinois
Losing a loved one can become even harder when you are put in a position to navigate their estate through the complex and time-consuming legal process of probate. The ultimate goal of probate, also called [...]
Who Can Adopt a Child Under Illinois Law?
Bringing a new child into your home can be one of life’s most exciting gifts. For those who are unable to have their own biological children or who simply wish to expand their family in [...]
How Long Does Probate Take In Illinois?
The loss of a loved one is an incredibly difficult life transition to navigate. In addition to the emotional upheaval that accompanies a loss, this moment can also require you to navigate the probate process [...]
What Post-Decree Matters Might Need to Be Revisited After an Illinois Divorce?
If a marriage is about entwining a couple’s lives together, then divorce is about extricating those same people apart — a process that is not always easy. Navigating the divorce process can be scary and [...]
What to Expect When a Divorce Goes to Trial In Illinois
Does the idea of divorce conjure up images of angry men and women arguing in front of a judge in a brightly lit courtroom? Decades of Law & Order and countless movies have created the [...]
What to Look For in an Adoption Attorney
For many people, bringing a new child home is one of life’s most exciting and fulfilling gifts. For those who are unable to have their own biological children or who simply wish to expand their [...]
Heirs Vs. Legatees Vs. Beneficiaries: Understanding the Differences in Illinois Estate Planning and Probate
Estate planning is one of the most important steps you can take to protect and provide for your family in the future. This process involves making arrangements during your life for what will happen to [...]
Contesting a Will in Illinois: What You Need to Know
A will is an essential component of any comprehensive estate plan. This important legal document may be used to set down your wishes for how you want your property to be distributed at your death, [...]
How to File a Will In Illinois
If you’ve seen a lot of Old Hollywood movies, you might have seen a dramatic scene in which some official gathers a recently deceased person’s friends and family together for a “reading of the will.” [...]
Power of Attorney for Property Vs. Power of Attorney for Health Care
While it is not always pleasant or easy to think about, the reality is that no one is immune from suffering an unexpected illness or serious accident. Planning ahead now can help ensure that you [...]
What Types of Advance Directives Are Used In Illinois?
While it is not always the most pleasant thing to think about, estate planning is one of the most important things you can do to provide for your family in the future — and that [...]
Unpacking 6 Common Myths About Divorce In Illinois
Divorce is one of those topics on which everyone seems to have an opinion— although the fact of the matter is that many people here in Illinois actually believe some outdated or flat-out incorrect myths [...]
Planning Ahead for 2021: How a Family Attorney Can Help
2020 has been an unpredictable and unorthodox year — and with 2021 just around the corner, now is the time to plan ahead for whatever the new year might have in store. The year behind [...]
What Does Child Support Cover In Illinois?
For anyone thinking about the ins and outs of getting a divorce in Illinois, child support is one of the most important considerations to keep in mind — and can also be one of the [...]
How to Talk About a Prenup With Your Partner
Prenups are not only for the rich, famous, and ultra wealthy. Instead, they can be useful for any couple looking to enter into their marriage with clarity and peace of mind. Prenuptial agreements can help [...]
What Is an Open Adoption?
Whether you are a family considering adopting a child or a birth parent thinking about all of your options for placement, there are many important terms and concepts that you are likely to come across [...]
Considering Guardianship of an Elderly Parent? Ask Yourself These Questions First
While not many people like to think about all of the health and lifestyle changes that can come with aging, they are a fact of life. For millions of people here in Chicago and around [...]
What Happens to the Marital Residence in an Illinois Divorce?
If marriage is about joining two lives together, then dissolving a marriage involves making important decisions about how things must be divided. More often than not, this includes the family home. As you start to [...]
What Are Trusts, and How Do They Work? A Guide for Illinois Residents
As you start to think about the future and make plans to protect yourself and your loved ones, one concept that you might see come up again and again is the trust. Trusts are an [...]
Pandemic Highlights School-Related Issues and Parental Decision-Making in Divorce
Here in Chicago and around the country, the realities of schooling and the COVID pandemic have shined a spotlight on some common issues in divorce — including the allocation of parental responsibilities and decision-making. For [...]
In Illinois, What Is the Legal Definition of ‘Disabled’ in Guardianship?
If you’re weighing the possibility of becoming guardian to an adult loved one here in Illinois, then there are several important concepts to understand — including the legal definition of disability. In Illinois, guardianship may [...]
What Goes Into The Discovery Phase of a Divorce?
If you are interested in learning more about the divorce process in Illinois, then it’s important to understand the discovery phase — and all that may go into it. What Does “Discovery” Mean in a [...]
How to Start Talking About Estate Planning With Your Family
Estate planning is one of the most important steps you can take to help protect your family’s future — but it’s also an incredibly difficult thing to talk about, for many people. After all, talking [...]
7 Important Questions to Ask When Considering Adoption
There’s a famous quote that “family isn’t made from blood, it’s made from love.” Adoption is a powerful and meaningful way to expand your family, and give a child or teenager the love, comfort, and [...]
Contested Vs. Uncontested Divorce in Illinois
Every divorce comes with several important decisions that have to be made. Being able to reach an agreement about these key decisions with your spouse ultimately determines how your divorce will proceed — including if [...]
Contributions to College Expenses Under Section 513: What Parents Need to Know
Seeing a child wrap up their high school experiences and begin applying for college can be an incredibly proud moment. For divorced parents, this time can also come with some major challenges and unexpected hurdles [...]
Do All Assets Need to Go Through Probate in Illinois?
Losing a loved one is a difficult and emotional time. This tough transition can be made even harder when you need to navigate through a complex and time-consuming court process. In Illinois, the legal process for [...]
Divorce In the Era of COVID-19
At the time we’re writing this, the outbreak of novel coronavirus COVID-19 is still dramatically impacting families here in Chicago and around the world. In this unprecedented time, our first priority is making sure that [...]
Coronavirus and Your Estate Plan: Do You Have Powers of Attorney In Place?
The spread of the novel coronavirus, COVID-19, has been a time of adjustment for many here in Chicago and around the country. As we all adapt to working remotely, homeschooling children, picking up new technology, [...]
When Should I Start Thinking About Estate Planning?
What do you think of when you hear the phrase estate planning? There’s a common conception that estate planning is only needed by the rich or the elderly, and not something that most people need [...]
Co-Parenting During Coronavirus – and Other Emergency Situations
The spread of the novel coronavirus, COVID-19, has caused stress and uncertainty for millions of people across the country. As we all practice good hygiene and social distancing in an effort to help flatten the [...]
How Is Maintenance (Formerly Alimony) Calculated In Illinois?
On top of being emotionally trying, divorce can be a complex and confusing process for all parties involved. This is particularly true when you consider the many financial aspects that must be considered in divorce, [...]
How Do I Start the Adoption Process In Illinois?
Welcoming a child into your home through adoption can be an incredible opportunity to grow your family and fill your life with love. However, as you first start to consider everything that goes into adoption [...]
Guardianship vs. Power of Attorney
As we get older, it is important that we think about what will happen to our assets once we eventually pass away. Both a power of attorney and guardianship are two possibilities that help [...]
Plenary Guardianship Vs. Limited Guardianship
In Illinois, guardianship of an adult can be a healthy and proactive option for all involved. With that said, it’s important to understand that becoming a legal guardian can be a complex process, with many [...]
What Is Considered Marital Property In Illinois?
Many couples see marriage as the opportunity to build a life together. From purchasing a house or a car; to opening up joint financial accounts; to choosing the furniture and artwork that suit your unique [...]
What Happens When Someone Dies Without a Will in Illinois?
In Illinois, what happens if someone passes away without a last will and testament? Dying without a will is known as dying intestate. This occurrence is more common than you might think, and the state [...]
Understanding Five Common Types of Adoption In Illinois
Considering adoption in Illinois? It’s important to know the common types of adoption available in our area. Equipped with this information, you may be able to gain a better understanding of which form of adoption [...]
Guardian of the Person Vs. Guardian of the Estate
Here in Chicago, understanding the many moving parts that go into legal guardianship can be complicated, and can easily start to become overwhelming — especially if you’re navigating this tricky process for the first time. [...]
Is Illinois A ‘No-Fault’ Divorce State?
Illinois is considered to be a pure “no-fault” divorce state, and has been since 2016. In other words, this means that the only grounds for divorce recognized in the state is “irreconcilable differences.” The term [...]
Five Reasons to Start Thinking About Your Estate Plan
Creating an estate plan is one of the most effective things you can do to help provide for your family’s comfort, stability, and peace of mind in a difficult time. Understandably, not many people like [...]
Can Legalized Recreational Marijuana Use Affect Parenting and Caregiver Rights?
The short answer is: yes, just as alcohol is legal and affects parenting and caregiver cases, legalized use of cannabis will not give parents free reign to “get high” without consequence. Recreational cannabis was [...]
Marriage Story: The movie and real life, as reviewed by a Divorce Lawyer
By Jenny R. Jeltes, December 2019 I think about marriage often. I have loved. I have been loved. I have witnessed love and I have witnessed pain- like most humans. Being a divorce lawyer [...]
November is Adoption Awareness Month
Everyone is connected to adoption in some way – whether it be adoption through foster care, private adoption, international adoption, or adoption of a family member. Regardless of how an adoption happens, adoptees deserve [...]
Self-Care Tips During Your Divorce
When you’re going through a divorce, emotions can run high and your to-do list can seem never-ending, leaving you feeling frazzled. Make sure to find some time for you and block it out on [...]
5 Tips for Your Back to School Routine
The carefree, fun days of summer have come to an end and another school year has begun. Here are five suggestions to help get your family organized and back into a routine so you [...]
I have raised my child since birth…and now I have to take a Parenting Class?
Yes, yes you do. It may come as a surprise to many, but in the State of Illinois, all legal parents going through a divorce or a legal matter involving parental rights and parenting [...]
Take the Fright out of Sharing Parenting Time this Halloween
With Halloween upon us, Chicagoland kids (and parents) are getting their costumes ready for school parades and trick or treating. Perhaps someone is begging mom or dad to “please, please just one more time, let [...]
Marriage on the Rocks? Facing Divorce? Here are 6 Immediate Things to Do
By: Jenny R. Jeltes Get counseling (even if you don't think you need it). Whether you have had professional counseling in the past or whether you and your spouse attended marriage counseling together, divorce [...]
I Do…Want a Prenup!
Premarital (Prenuptial) Agreements (and postnuptial agreements) have become much more common among the middle-class in recent years. Contrary to popular belief, premarital agreements are not just for the celebrities and athletes. There has [...]