There was a time when prenups were primarily for wealthy families or couples that were entering into their second marriage. However, there are many reasons why prenuptial agreements in Champaign are becoming the norm amongst millennials. In fact, according to a study conducted by the American Academy of Matrimonial Lawyers (AAML), 62% of divorce attorneys revealed an uptake in clients …
Living, Testamentary, and Constructive Trusts: Are They All the Same?
In the world of estate planning, terms that refer to legal documents such as wills, trusts, powers of attorney, and healthcare directives can be confusing and even overwhelming at times. What is a will, and how does it differ from a trust? What distinguishes a springing power of attorney from an immediate power of attorney? Or are they the same …
To Have, but Not to Hold? Common Law Marriage and Estate Planning
Marriage as a legal institution has taken a variety of forms throughout history. As society evolves, how we identify marriage in our society also changes. In some states, a couple may be deemed married without having participated in judicial or religious ceremonies. These marriages are called common law marriages. Their existence creates some potential issues when planning for illness or …
Can a Disabled Individual Be an Executor or a Trustee?
An important element of creating an estate plan is choosing a responsible party to handle your legal, medical, and financial affairs if you become unable to manage them yourself (i.e., become incapacitated) or die. The individual or entity you choose must be someone whom you can trust to make crucial and often time-sensitive decisions, who is willing to be detail-oriented …
Can I Remodel My Own Estate Planning Documents?
Estate planning is one area that often goes unexamined and neglected. Is it time to remodel your estate plan? If so, is that something that you can (or should) do on your own? Small Estate Planning Updates Upon reviewing your estate planning documents, you may notice a number of seemingly small issues that need to be addressed, but you may …
6 Divorce Mediation Tips for Successfully Divorcing Your Spouse in Champaign
You may want to consider divorce mediation if want to avoid a lengthy and expensive divorce. Check out the 6 divorce mediation tips for successfully divorcing your spouse in Champaign. Know the Difference Between Mediation and Collaborative Divorce Divorce mediation is a form of alternative dispute resolution that brings together both spouses to come to an agreement. It is designed …
Selling a Deceased Loved One’s Real Estate: Things You Need to Know
After the death of a loved one, such as a parent, there are a variety of tasks that must be handled to wrap up your loved one’s final affairs. Selling your deceased loved one’s real estate is one of the more daunting ones. But before you call a real estate agent, you should take some time to get familiar with …
What Are the Estate Rights of a Child Born Outside of Marriage?
Despite the prevailing view, children born to unmarried parents are commonplace. Historically, children in this category were treated poorly by both society and the law. In many cases, they had no right to inherit from either parent. This legal scheme eventually changed and provided means for these children to inherit from their mothers, but rarely their fathers, until the late …
5 Divorce Triggers that Can Lead to Divorce in Champaign
Oftentimes, it is an “event” that leads to a divorce. The five most common divorce triggers are financial stress, infidelity, lack of communication, domestic violence, and growing apart due to different interests/hobbies. Financial Stress Can Drive Couples Apart Across the United States, couples have been finding that their money struggles can cause extreme financial stress that leads to a break-up. …
What to Know Before Investing in a Small Business
With the country emerging from pandemic lockdowns and economic activity beginning to expand, small business owners are optimistic about the future. Supporting local businesses can help them grow and thrive in a post-pandemic economy. But what if you could help a business while also helping yourself? Investing in a small business can be a great way to diversify your assets …
How to Dissolve a Partnership on Good Terms
Many business partnerships eventually come to an end. Like other types of relationships, when business partners decide to split up, the process can be amicable or contentious. For personal and professional reasons, dissolving the partnership on good terms is in the best interest of all partners. A smooth split will prevent unnecessary conflict and legal expenses and allow the partners …
Why Is My Trust So Long?
When you met with an attorney a few weeks ago, perhaps all you expected was a simple will. Maybe you thought that, with your situation, the work should be easy and the documents should be few. But now that you have finished working with the attorney, your parting gift is a large binder filled with hundreds of pages. You may …