You and Your Facebook Page Partner-Up for that Big Job Interview.

On one side of the coin:  So, you’re at a job interview.  In this economy, it’s the first interview you have had in months and it’s for a job you really want.  Or, it’s just a job to pay the bills.  Either way, you want this job.  You are on your game, giving quick yet thoughtful responses to the questions being asked of you.  Your potential boss smiles and tells you that “I like what I hear. You would do well in this position.”  Then, he pulls out a form and asks you to read and complete it and sign at the bottom.  No problem, so you think.  As you read it, a cold sweat starts to develop.  You are asked to provide your account information including passwords for your Facebook, Linkedin and other social media accounts.  We don’t need to have a discussion about what you wrote, blogged or posted in social media.  Let’s just assume that it will not be helpful.  But, they can ask for that information and you can decline to do so.  Whether you provide it or not, you know what’s going to happen.

On the other side of the coin: You have been running a business for several years, most of which have been successful.  The last few years have not.  You have made a conscious decision to put a lot of your savings into your business to get by this economy.  You need to add an employee or two.  This means a substantial investment of money, time and training.  You know there are a lot of good candidates out there but you have picked wrong in the past.  A bad selection now could be devastating.  You need an edge, how can you learn more about a job candidate?  Prior employers are reluctant to say anything remotely negative for fear of liability (you are the same).  But, the internet is a permanent record and most, if not all of your candidates have jumped into the all-swim that is social media.  Just check their Facebook page, among others.  In fact, request their passwords.  Then, you can get a really good idea of the stranger in whom you are about invest a substantial amount of money.

Well, on May 22, 2012, the Illinois General Assembly flipped the coin in passing HB3782.  The synopsis of HB3782 on the Illinois General Assembly website states “that it shall be unlawful for any employer to ask any prospective employee to provide any username, password, or other related account information in order to gain access to a social networking website where that prospective employee maintains an account or profile.”

The bill has been passed onto Governor Quinn for his signature or veto.  We are waiting to see if the Governor will call the coin flip for the employer or the employee.  I will keep you posted.

The Odd Questions I am Asked.

An odd question I'm often asked is "can my wife testify against me?"  Well, the question isn't so odd as the context in which it comes up is.  You can only imagine the conversation which leads to that question.  Well, I here to say that the answer is still NO!  

Just a few days ago, the Illinois Appellate Court in the case of People v Trzeciak reaffirmed the Marital Privilege.  In that case, the jury found a man guilty of murder.  The judge allowed testimony from the defendant's wife that he admitted his guilt to her.  The three judge Appellate Court ruled (2 to 1), that Illinois law prohibits testimony as to communications and admissions made in a private conversation between a husband and wife during the marriage, regardless of whether the marriage was harmonious.  Yes, even if your wife hates you, her testimony is barred.  The Appellate Court reversed the conviction and sent that matter back for a new trial.  Now, since this defendant won his appeal by the slimmest of margins, if I were his attorney, I would advise that he send his wife a few dozen long stems roses, with a nice card.

By the way, anytime I am asked this odd question, I am usually asked “You can’t talk to my wife about what we just talked about, right?”  

If you have any questions, odd or otherwise, do not hesitate to contact me.

New Law Helps Homeowners Transfer Their Home upon Death

Illinois has a new law which permits homeowners to transfer real estate upon their death through a recorded instrument and without the need of a will or going through probate proceedings. The “Illinois Residential Real Property Transfer on Death Instrument Act” became effective on January 1, 2012.

Before this new law, if you wanted to transfer your home upon death and without going through probate court, you had to set up a living trust, put title to the home into a land trust, or other through other costly and time consuming steps.  The new law will help homeowners who do not have estates large enough to justify the cost of an involved estate plan.

If you would like more information about the new Illinois and how it may benefit you, please do not hesitate to contact me.

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.

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 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 website at www.barringtonreferrals.com.  

The Chicago Business Club is holding a Premium Networking Event on May 18^th 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.