Tuesday, November 8, 2011
Friday, June 10, 2011
Illinois’ New Civil Union Law – A Brief Overview
The Illinois Religious Freedom Protection and Civil Union Act became effective on June 1, 2011. It creates a status equal to marriage under Illinois law, without regard to gender. Those who enter into a civil union have the same legal obligations, responsibilities, protections and benefits as those who are married under Illinois law.
Under the new law, a “civil union” is a relationship between two persons, of either the same or opposite sex. So, a man and woman could forego marriage, and enter into a civil union if they wish. Also, Illinois law now recognizes marriages, civil unions or other substantially similar legal relationships between two parties of the same sex in another state.
From a lawyer’s perspective, the new statute is very exciting as it adds a new dimension to many different areas of law including real estate, estate planning, trusts and estates, family law, and health care. Here are a few examples:
Real estate:
When a married couple bought a home, they were identified as “Joe Smith and Mary Smith, husband and wife.” Now, identifying the relationship between two persons buying a home may not be necessary. Therefore, a married or civil union couple will be identified as “Joe Smith and Bill Jones, as tenants by the entirety.”
Parties to a civil union, like married couples, may own their home as “tenants by the entirety.” This is important as it protects one or both owners in many different settings.
Also, if one party to a civil union owns the home in which both parties reside, the non-owner party to the civil union has homestead rights.
If one person owns a residential property, a non-owner party to a civil union (like a non-owner spouse) will need to be named a party to a mortgage foreclosure lawsuit.
Estate planning, and Trusts and Estates:
A legal document called an Affidavits of Heirship, used in probate estates and real estate transactions, states whether a deceased person was married. Now, affidavits of Heirship will state whether the deceased person entered into a civil union.
When a party to a civil union dies, the surviving party, like a surviving spouse, is entitled to an Intestate or Elective share in the deceased person’s probate estate, which is equal to one-half of value of the estate if there are children, or the entire estate if there are no children.
Under Illinois law, a person cannot “disinherit” their spouse in a will. Now, a party to a civil union cannot disinherit the other party. If this is tried, the surviving party, like the surviving spouse may renounce the will and take his or her statutory share. This is one-third of the entire estate there are children or one-half of the entire estate if there are no children
Healthcare:
If a party to a civil union becomes unable to care for herself or himself, and a petition for guardianship is filed, the other party to the civil union must be given notice
Family law:
Parties to a civil union may get “divorced.” The procedures for dissolving a civil union are the same as dissolving a marriage, and are governed by the Illinois Marriage and Dissolution of Marriage Act.
Conclusion:
The new law has a broader effect that what has been reported in the news. The new law may be effecting you without knowing. If you are or will be a party to a civil union, or if your family tree includes a party to a civil union, and you have questions about how the new law, do not hesitate to contact me.
Under the new law, a “civil union” is a relationship between two persons, of either the same or opposite sex. So, a man and woman could forego marriage, and enter into a civil union if they wish. Also, Illinois law now recognizes marriages, civil unions or other substantially similar legal relationships between two parties of the same sex in another state.
From a lawyer’s perspective, the new statute is very exciting as it adds a new dimension to many different areas of law including real estate, estate planning, trusts and estates, family law, and health care. Here are a few examples:
Real estate:
When a married couple bought a home, they were identified as “Joe Smith and Mary Smith, husband and wife.” Now, identifying the relationship between two persons buying a home may not be necessary. Therefore, a married or civil union couple will be identified as “Joe Smith and Bill Jones, as tenants by the entirety.”
Parties to a civil union, like married couples, may own their home as “tenants by the entirety.” This is important as it protects one or both owners in many different settings.
Also, if one party to a civil union owns the home in which both parties reside, the non-owner party to the civil union has homestead rights.
If one person owns a residential property, a non-owner party to a civil union (like a non-owner spouse) will need to be named a party to a mortgage foreclosure lawsuit.
Estate planning, and Trusts and Estates:
A legal document called an Affidavits of Heirship, used in probate estates and real estate transactions, states whether a deceased person was married. Now, affidavits of Heirship will state whether the deceased person entered into a civil union.
When a party to a civil union dies, the surviving party, like a surviving spouse, is entitled to an Intestate or Elective share in the deceased person’s probate estate, which is equal to one-half of value of the estate if there are children, or the entire estate if there are no children.
Under Illinois law, a person cannot “disinherit” their spouse in a will. Now, a party to a civil union cannot disinherit the other party. If this is tried, the surviving party, like the surviving spouse may renounce the will and take his or her statutory share. This is one-third of the entire estate there are children or one-half of the entire estate if there are no children
Healthcare:
If a party to a civil union becomes unable to care for herself or himself, and a petition for guardianship is filed, the other party to the civil union must be given notice
Family law:
Parties to a civil union may get “divorced.” The procedures for dissolving a civil union are the same as dissolving a marriage, and are governed by the Illinois Marriage and Dissolution of Marriage Act.
Conclusion:
The new law has a broader effect that what has been reported in the news. The new law may be effecting you without knowing. If you are or will be a party to a civil union, or if your family tree includes a party to a civil union, and you have questions about how the new law, do not hesitate to contact me.
Thursday, May 26, 2011
I was pleased to discuss estate planning with the Chicago Petroleum Club
I recently had the opportunity to speak to the members of the Chicago Petroleum Club at their spring meeting. The Chicago Petroleum Club (www.chicagopetroleumclub.org) is a respected organization known for leadership in the Chicago community serving petroleum marketers since 1924.
The topic was estate planning. I discussed the need to have an estate plan, and the need to include the long terms goals of your small business in that estate plan. I also discussed the recent changes to the estate tax laws, and how the future looks for estate taxes.
If you are a member of a group or organization, and wish to have me speak to the membership about estate planning, please contact me.
The topic was estate planning. I discussed the need to have an estate plan, and the need to include the long terms goals of your small business in that estate plan. I also discussed the recent changes to the estate tax laws, and how the future looks for estate taxes.
If you are a member of a group or organization, and wish to have me speak to the membership about estate planning, please contact me.
Tuesday, April 26, 2011
The New Way of Conducting Business -- Networking!
When I first opened my practice, I struggled to determine in which magazines and newspapers I should publish an advertisement. Over time, it became apparent that for me, much of my new business came through referrals by current clients and other professionals. In fact, the referrals made advertising in newspapers and magazines a waste of money. Now, I was not a trail blazer in this regard. Many professionals were building relationships to gain referrals. In the years since, there has been an explosion of formal networking groups. I am a member of two proactive and successful networking groups.
Since these groups meet regularly, the members get to know each other. Then, when a CPA, Banker, Financial Planner, or Realtor needs an experienced attorney for one of their clients, they know I am able to handle the matter. Conversely, when one of my clients needs a CPA, for example, I am comfortable in giving them a referral.
As I stated above, the two groups are proactive. Presently, each group has a scheduled event:
The Barrington Business Referrals networking group is conducting an open house on Tuesday, May 3, 2011, from 5:30 p.m. to 7:30 p.m. at the Dover Straits restaurant, 1149 Golf Road, Hoffman Estate, 60169, (847) 884-3900. For more information please go to the Barrington Business Referral
The Chicago Business Club is holding a Premium Networking Event on May 18th from 6:00p.m. to 9:00 p.m., at the Ram Restaurant, 1901 McConnor Parkway, Schaumburg, Illinois, 224-717-9891. For more information, please see the Chicago Business Club website at www.ChicagoBusiniessClub.com.
I have improved my practice since joining these groups. I would encourage you to come to both events and see for yourself. Hope to see you there.
Tuesday, March 1, 2011
A Website is No Substitute for an Attorney when it's your Estate Plan
With the recent launch of my website and advent of social networking, it is appropriate that my first entry is about buying online estate plans. A client recently asked Aare the living trusts and wills that I can buy online as good as a living trust and will I get from an attorney?@
This is a great question. These days you can buy just about anything online. But, you have to consider what you are getting. When you buy a living trust online you are only getting a document. You are not getting any legal advice. It=s up to you to know, on your own, if this document fits your needs, addresses all off your concerns and, most importantly, has the legal effect you think it does. These website are very careful to tell you that they are not giving you legal advice. One of the more popular website has this disclaimer:
APlease note that [name of site omitted] is not a law firm, does not act as your attorney and is not a substitute for the advice of an attorney. Rather, it helps you represent yourself in your own legal matters. If you seek representation, are involved in litigation or have complex legal issues that cannot be resolved on your own, we recommend that you hire an attorney.@
In short, if you are going to buy an online estate plan, you have to be your own lawyer. Now, an estate plan will control you wealth, provide a structure for your future and, after your pass, providing for your family. You need to understand the legal and tax aspects of each step. This is probably not the best time to be your own lawyer.
When you take the diligent step of having an estate plan designed for you, need to consult an attorney. Your attorney takes time to understand your assets, family framework, and goals. Your attorney then lays out your legal rights, and options for setting up an estate plan. Only after you=re fully informed, and selected the appropriate plan does the lawyer draft the documents. Your attorney works with your financial advisors to insure that your estate plan is funded. Your attorney will give you the confidence that your plan meets your needs and goals. You can rest easy. A website can=t do this for you.
You do not hire an attorney to sell you a document. You hire an attorney to provide you with legal advice.
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