In a partition lawsuit, all of the parties who have an interest must be sued. See 735 ILCS 5/17-103. The suit must be filed in the county where the property is located. See 735 ILCS 5/17-101. When jurisdiction over everyone is established, the judge appoints a commissioner to investigate the property. See 735 ILCS 5/17-106. For things like farm land, …
Trusts and Estates: Which life events that require an immediate estate plan update?
Estate planning is the process of developing a strategy for the care and management of your estate if you become incapacitated or upon your death. One commonly known purpose of estate planning is to minimize taxes and costs, including taxes imposed on gifts, estates, generation skipping transfer and probate court costs. However, your plan must also name someone who will …
Do It Now: Name a Guardian for Your Minor Child(ren)
We know it’s hard. Thinking about someone else raising your children stops us all in our tracks. It feels crushing and too horrific to consider. But you must. If you don’t, a stranger will determine who raises your children if something happens to you – your child’s guardian could be a relative you despise or even a stranger you’ve never …
Illinois Agriculture Law: Farm Estate and Succession Planning
This presentation will be given to the Illinois Beef Association this Thursday in Galina, Illinois, at its annual meeting. It discusses the differences between estate planning, succession planning and business planning. Then it delves into the Who, What, When, Where, How and How Much. It too discusses how to have those difficult conversations and using mediation in this process. [slideshare …
Steps For Starting the End-of-Life Conversation
No one wants to discuss death and dying. And yet, it’s a critical time in everyone’s life and one for which we know we need to prepare. While many people have the desire to share their wishes, something is preventing people from openly communicating with their families. As an important part of estate planning, healthcare decisions need to be talked …
Illinois Employment Law: Overview of Farm Labor Laws
This expansive outline on farm labor laws was created for the 2018 Illinois Specialty Crops, Agri-Tourism and Organic Conference in Springfield, Illinois. It covers employment classifications (e.g., employer, employee, independent contractor), unpaid farm labor (e.g., internships, apprenticeships, volunteer farm labor, hiring and firing practices, wage and hour laws (including child labor laws), the Family Medical Leave Act, and employee handbooks. Share …
Chart on Illinois Business Entities
This helpful chart for Illinois business entities was used for a speaking engagement last spring with Illinois Farm Bureau. It illustrates some of the major differences among different choices of business entities in Illinois including but not limited to sole proprietorship, general/limited partnerships, limited liability companies (including series LLC’s), and corporations. I’m a visual person so I love charts and …
Illinois Employment Law: Sick Leave
Illinois does not require employers to provide sick day benefits to its employees, either paid or unpaid. However, Illinois, of course, is subject to the Family and Medical Leave Act-a federal law. In Cook County and Chicago, effective July 1, 2017, there is a sick leave “ordinance” that goes into effect 180 days after employment begins. This must be posted …
Cari Rincker is to be presented with Lake Land College 2018 Alumnus Achievement Award
Exciting week! I will be receiving the 2018 Alumnus Achievement Award from Lake Land College in Mattoon, Illinois and giving a (short!) commencement speech on Friday night at the Lake Land College graduation. As a daughter of an instructor at Lake Land College, I grew up with Lake Land and I am proud to have it part of my educational …
Illinois Employment Law: Reasonable Accommodations for Pregnant Workers
New laws were enacted in Illinois pertaining to pregnancy and employment. The “Pregnant Workers’ Fairness Act” (P.A. 98-50) amends the Illinois Human Rights Act. (775 ILCS 5/2-102) that previously touched upon this area. This blog post will discuss how reasonable accommodations are addressed under the current law. Most people know that employers cannot hire, fire, segregate, select for training, promote, …
Illinois Family Law: Retirement Options for Teachers in Illinois
Retirement issues can be confusing, especially when there is a pension involved and one spouse has Social Security benefits. It is up to each state to decide whether (and which) government employees would be covered by Social Security. Therefore, a state could choose for teachers to participate in Social Security even if they are covered by a stand-alone retirement plan …