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Recent Blog Posts
Can Landlords Make Lease Modifications for Tenants Affected by COVID-19?
The COVID-19 pandemic has had a huge impact on people throughout the United States, and many landlords have struggled to determine how they can continue to earn profit through leasing property to residential or commercial tenants. While some tenants have experienced financial issues that have affected their ability to make rent payments, landlords were prohibited from performing evictions for much of 2020 and 2021. The eviction moratorium in Illinois has ended, and landlords may once again be able to use the legal tools at their disposal to address the non-payment of rent by tenants. However, there are some cases where landlords may be hesitant to perform evictions, since this may place residential tenants at risk of harm, and finding new residential or commercial tenants may be difficult during the ongoing pandemic. As an alternative, landlords may consider making lease modifications that will protect their financial interests while allowing tenants to continue using the property.
What Are the Benefits of a Durable Power of Attorney?
For many people, the process of creating an estate plan will involve decisions about how a person’s assets will be passed to their heirs after their death. However, estate planning may also address a person’s needs throughout the remainder of their life, including ensuring that they will receive the proper medical and personal care and that their finances will be managed correctly. One way of doing so is through durable powers of attorney. By understanding how these agreements can be used and the benefits they provide, a family can make sure a person’s wishes will be followed, no matter what happens.
Reasons to Create Durable Powers of Attorney for Healthcare and Finances
A power of attorney is an agreement in which a person (known as the “principal”) will give someone else (known as their “agent”) the authority to make decisions for them. A power of attorney for healthcare will address issues related to the medical care a person receives and other personal needs, while a power of attorney for finances or property will address issues related to a person’s income, assets, financial resources, and expenses. Powers of attorney are considered to be “durable” if they contain provisions that state that the agent’s authority will remain in effect even if the principal becomes incapacitated. That is, if a person becomes unconscious due to an illness or suffers from dementia or other mental health issues that affect their ability to make their wishes known, their agent will continue to have the authority to make decisions on their behalf.
How Can Business Litigation Address a Breach of Contract?
If you are a business owner, you probably have entered into multiple different types of contractual agreements, such as vendor or supplier contracts, employment contracts, licensing contracts, or contracts to provide goods or services to customers. These agreements are meant to protect your rights and interests by ensuring that both parties fully understand their obligations, the timeframes for completing work or delivering products, the restrictions that apply to either party and the amounts and methods of payment. If one party to a contract fails to meet their contractual obligations or otherwise violates the contract’s terms, the other party may pursue business litigation to address the alleged breach of contract.
Issues Addressed During Breach of Contract Litigation
To be valid, a contract must include an offer made by one party, the acceptance of that offer by the other party, and consideration provided by one party to the other. This consideration may include a monetary payment or any other benefits received in exchange for agreeing to the contract’s terms.
How Is Home Ownership Addressed in an Illinois Divorce?
Property division is one of the key issues that spouses will need to address during the divorce process. All of a couple’s marital property, which includes any assets or debts they acquired during their marriage, will need to be divided. While Illinois law does not require property to be divided equally between spouses, each spouse should receive a fair and equitable share of the marital estate. As spouses determine how to divide property in a way that will provide for their ongoing needs, ownership of their family home will be one of the most important matters to address. By understanding their options, spouses can make decisions that will allow them to move forward with their lives while maintaining financial stability.
Options for Ownership of a Family Home
Real estate property is likely to be one of the most valuable assets owned by a couple. Both spouses may have emotional connections to their home that may make it difficult to decide how to handle ownership going forward. It can often be beneficial to receive an appraisal of the home to ensure that the spouses fully understand its value. After gaining a complete understanding of the full value of the marital estate, spouses can make decisions about how ownership of the home and other assets will be handled.
Do I Need a Real Estate Lawyer to Buy or Sell a Home in Illinois?
Buying or selling your home is a massive undertaking – financially, emotionally, and legally. The consequences of residential real estate transactions can affect your life for years or even decades after the transaction. Furthermore, the complexities associated with buying or selling a home can make anyone feel overwhelmed. For these reasons, many buyers and sellers seek professional legal guidance from a real estate attorney.
Benefits of Working With a Real Estate Lawyer
State laws regarding residential real estate vary. In Illinois, you are not required to hire a real estate lawyer. However, there are many advantages to working with an attorney when buying or selling a home, including:
- A deeper understanding of the terms of the sale or purchase – Anyone who has bought or sold a home can tell you that real estate documents are complicated and difficult to read. Your lawyer will interpret any “legalese” and explain the terms of the contract in plain language. This ensures that you know exactly what you are agreeing to.
Is a Charitable Trust Right for You?
Estate planning allows you to decide how your property is distributed upon your death. Whether you want to leave college money to your grandchild or pass along a treasured family heirloom, your estate plan is the vehicle through which you make those wishes a reality. However, estate plans can involve much more than leaving assets to loved ones. A strong estate plan enables you to leave a legacy while simultaneously supporting the causes you care about. Read on to learn about incorporating a charitable trust in your estate plan.
How a Charitable Trust May Benefit You
Charitable trusts are irrevocable trusts that allow an individual to leave money and property to 501(c)(3) organizations. You can bequeath money, stocks, real estate, and other types of property through a charitable trust. The beneficiary of a charitable trust may be a church or other religious organization, hospital, and school, or other not-for-profit organization.
2021 UPDATE: What Small Business Owners Need to Know About Non-Disclosure Agreements
Originally posted: April 12, 2019 -- Updated: 11-17-2021
Confidentiality agreements or non-disclosure agreements are a great way to ensure your business practices, client information, and other sensitive information is kept confidential. However, Non-disclosure agreements (NDAs) must meet specific standards by law.
Illinois’s Workplace Transparency Act added additional requirements for employers who choose to use confidentiality provisions in their employee contracts. In 2021, employers are prohibited from employee contract provisions that are:
- Unilateral conditions of employment or continued employment and
- Prevent employees from disclosing unlawful employment practices
Top Questions About Paternity from Illinois Parents
Parentage refers to the legal relationship between parents and their children. Paternity is used to describe the father-child relationship. Whether you are a father, mother, grandparent, or another family member, you may have questions and concerns about how paternity influences family law issues. Read on to learn answers to some of the most common questions about paternity in Illinois. For legal advice customized to your particular situation, reach out to an experienced family law attorney.
How Do You Establish Paternity?
When a married couple has a child, the law presumes that the mother’s husband is the father. However, if an unmarried couple has a baby together, they must take additional steps to establish paternity. You may be able to fill out a Voluntary Acknowledgement of Paternity (VAP) to establish paternity. However, if the other parent will not cooperate, you may need to take action through the Illinois Department of Healthcare and Family Services or the court to establish paternity.
What Terms Should a Business Partnership Agreement Include?
Business partnerships can be very beneficial, allowing multiple people to contribute capital to a company, share ownership, and work together to manage the business. However, it is very important to make sure all partners fully understand the terms of the partnership, their rights and duties, and how they can resolve any disagreements or other issues that may arise. A well-drafted partnership agreement is one of the most important types of contracts that may affect a business, and partners can work with an experienced business law attorney to make sure their agreement will meet their company’s needs.
Partnership Agreement Terms
At a minimum, a partnership agreement should detail the name and address of the business, information about all of the partners, the purpose of the partnership, and the date the partnership began. An agreement should also address issues such as:
What Are the Benefits of a Special Needs Trust?
There are many cases where a person may wish to help provide for the needs of loved ones who have special needs. Since people with physical disabilities, mental impairments, or other conditions may be unable to work and earn an income, they may struggle to provide for themselves. To ensure that a person’s ongoing needs will be met, family members may wish to step in and provide financial assistance. However, they may not realize that giving money to a person, buying items for them to use, or otherwise providing them with financial support may disqualify them from receiving government aid. To preserve a person’s right to receive public benefits, family members may create a special needs trust. Setting up this type of trust can be an important part of the estate planning process.
Why Should I Use a Special Needs Trust?
People who suffer from disabilities that affect their ability to maintain gainful employment may qualify for multiple types of benefits. However, to receive these types of benefits, they will usually need to show that they have limited financial resources. For example, to qualify for Supplemental Security Income (SSI) through Social Security, a person’s financial resources must be under $2,000. Because of this, a family member who gifts a significant amount of money or property to a person with special needs may cause the person to be ineligible for SSI or other benefits.
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