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How Will Contests Affect Probate in Illinois

A last will and testament enables you to distribute your assets to your loved ones after your death. They can also make the probate process easier for your family. You can be specific in your asset distribution, making it clear who gets what and potentially limiting conflict between your loved ones. Unfortunately, will contests can erase this effort. A estate planning attorney can review options for limiting the likelihood of will contests during probate. Understanding Probate Probate is how the state inventories, administers and distributes your estate after your death. Without an estate plan, probate is often a long, costly,

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How to Effectively Negotiate in Divorce

Negotiating your divorce can be a good option to limit the costs and strain of divorce while giving couples more control over the process. However, there are several concerns spouses have as they approach divorce negotiations, including how to negotiate at all. An experienced divorce attorney can help you prepare for negotiations. There are also some things you can do with or without the help of an attorney to make negotiations easier. Tips to Negotiate Divorce Agreements More Effectively You want to prepare yourself before negotiations. Divorce negotiations are not easy, but mentally preparing yourself and gathering the necessary information

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Common Tips for Divorces Involving Special Needs Children

As a parent, facing a divorce can be an overwhelming and uncertain time. When minor children are involved, you want to act in their interest and ensure that whatever needs they may have are properly met. When your child has special needs, the hardships of navigating a divorce are only intensified. Luckily, a divorce lawyer can help ensure that your child’s needs, and your own, are protected. Divorce is never easy on a family. No matter their developmental maturity, kids can take divorce hard. When children with special needs are involved, a new dimension of difficulty regarding decisions like child

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Illinois Small Estate Affidavits and Their Effect on Probate

Some estates in Illinois can avoid probate court through the use of a small estate affidavit. The time after a loved one passes can be stressful and costly, and a small estate affidavit can help simplify the transfer of certain assets and resolve an estate more quickly. If you are unsure if your loved one’s estate qualifies for this affidavit, talk with an experienced estate planning attorney. There are several benefits to avoiding probate, but there are specific guidelines for a small estate affidavit. Comprehensive estate planning during your lifetime can help your loved ones avoid probate and manage your

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How Does Relocation After Divorce Affect Kids?

Moving the primary residence of children after a divorce can increase feelings of instability and loss, but it can also provide a chance for new beginnings and opportunities. If you are planning to relocate with your children, you must follow certain requirements in Illinois law for relocating a child’s home any significant distance. A modification attorney can review your custody arrangement and parenting plan and determine your options for relocation within state law requirements. Divorce affects everyone in a family, and it is especially difficult for children. Every child reacts to divorce differently, and it can affect their friendships, day-to-day

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Understanding Annulment

It is common for people to misunderstand what an annulment is. A civil annulment cannot be obtained in any circumstance, and any kind of annulment has unique requirements that must be met. Many people want to secure an annulment rather than a divorce, as a divorce is known for being long and difficult. If you are unsure whether your marriage can be annulled or not, talk with a skilled family lawyer. An annulment is a legal action to void a marriage, stating that it never existed. This is different from a divorce, which recognizes the existence of the marriage before

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What Are the Benefits of Prenuptial and Postnuptial Agreements?

Prenuptial and postnuptial agreements are types of marital agreements that are created either before or during a couple’s marriage. These agreements are much more frequent than they used to be, and much of the stigma around them has dissolved. These agreements provide significant benefits for couples regardless of wealth and do not indicate an oncoming divorce. To ensure you get the most benefits from drafting a prenuptial or postnuptial agreement, you need a skilled prenuptial agreement lawyer. A marital agreement allows couples to discuss important financial issues, decide their rights and responsibilities to certain property during marriage, and if they

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Updating Your Estate Plan

Estate planning is important, but it’s important not to make the plan and then move on. Your estate plan can provide you with many benefits, but those benefits only exist if the plan reflects your wishes, your current life situation, and any new laws. An estate planning attorney can help you ensure that your estate plan is enforceable. They can also let you know what changes may be applicable based on the passage of time or changes in your life. Financial and estate planning professionals tend to recommend that you review your estate plan every three to five years. This

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Third-Party Custody

Illinois courts make all decisions regarding children based on the child’s interests, including decisions about custody and child support. Typically, it is considered in the child’s interests to be cared for, raised, and financially supported by both parents, whether or not those parents are separated. Unfortunately, there are some cases where this is not in a child’s interests. If you need help petitioning the court for custody rights, you need a child custody attorney. The courts may award sole or joint legal and physical custody of a child to either parent, depending on a family’s unique circumstances and the interests

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Simplifying the Divorce Process

Not all divorces are handled through a contentious court battle — in fact, most aren’t. Many couples settle their divorce outside of court through alternative dispute resolution (ADR) methods, such as collaborative divorce and divorce mediation. With the help of a local divorce attorney, couples can negotiate a separation agreement that they then present to the court for approval. This is a much simpler form of divorce that many couples prefer. Divorces are either contested or uncontested. When a divorce is contested, spouses either disagree on what the terms of a separation agreement should be or that they should be

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Modifying Court Orders After Divorce

After a divorce or parental separation, parties may create several court-approved or court-ordered legal guidelines, including the division of property, spousal support assignments, custody of children, and other parenting plan determinations. These orders must be followed. However, life can be unpredictable, and court orders can be modified to reflect changes in your circumstances. A modification attorney can help you determine if you can request modification. When a couple’s divorce or separation is litigated, these orders are made and enforced by the court. When a couple uses mediation, they must submit the agreement through the court, making them court orders that

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