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Recent Blog Posts
Evicting Tenants in Illinois
Renting out your property is a risk. On the one hand, it can be an excellent way to earn some income. On the other hand, you might have tenants who fail to pay their rent, cause undue damage to your property, violate the terms of the lease, or even commit crimes inside it. However, you should never seek to kick them out of your property. There are rules and regulations about exactly when and why someone can be evicted, and if your situation is suitable for eviction, the authorities can help ensure that your property is vacated. Do not take matters into your own hands. If you believe you have grounds to evict your current tenant from your property, speak with a skilled DuPage County, IL residential real estate attorney to understand your options.
Eviction Timeline
When you want to evict a tenant, you need to send him a notice of intent. Sometimes, the tenant will understand the note and leave without further ado. It is much better for someone to simply leave an apartment than have an eviction on their record, and this is enough motivation for some people to remove themselves. If that happens, there are no further measures required.
Differences between Revocable and Irrevocable Trusts in Illinois
When you sit down to think about how you want your finances and assets organized to benefit others when you are no longer alive, you might feel overwhelmed by all the new information you find. Most people are familiar with the concept of a will, but when the time comes to put your affairs in order, you learn that there are many estate planning options available. For example, if you want to arrange for your assets to be put into a trust, you can do so in a revocable trust and an irrevocable trust. This article will explain some differences between the two, but if you think you are ready to start making these kinds of arrangements, let a knowledgeable Kane County, IL estate planning attorney advise you.
What Are Revocable Trusts?
Otherwise known as “living trusts,” a revocable trust is not set in stone. You can modify or revoke it if you feel the need. This is an attractive option for people who want to start making an estate plan but expect some changes in the future.
Will All My Assets Be Liquidated in a Chapter 7 Bankruptcy?
It can be extremely difficult to make ends meet. The cost of living keeps going up, but finding a job with a decent salary keeps getting harder and harder. Sometimes, people simply cannot pay their bills and end up in overwhelming debt. When that happens, they might face bankruptcy. In a Chapter 7 bankruptcy, your assets are liquidated in a process that helps you cover your costs, emerge from debt, and start fresh. If Chapter 7 bankruptcy seems like an inevitable step for you, speak with a qualified Geneva, IL bankruptcy attorney to find out which of your assets might be safe from liquidation.
What Are the Exemptions to Liquidation?
The word bankruptcy is taboo nowadays, with people mistakenly believing it means you need to give away any money and assets you have. It carries the negative connotation of being a punishment for going into debt. The truth is that bankruptcy is more like an opportunity. It gives people the chance to clear their debt and start fresh.
How Does Power of Attorney Work in Illinois?
A common fact of life is that you can never know what the future holds. That is why people might sign a prenuptial agreement even if they are sure they and their future spouse will live happily ever after, get insurance policies to cover the costs of things they hope they will never actually need, and prepare wills even if they are not dying.
While planning for possible hardships like these forces you to consider things you would probably rather push out of your mind, it can pay off in the future if they ever become relevant. When you are dealing with the distress of any of these scenarios, you will likely be grateful that you had thought to make these plans back before they were necessary because they can take some of the stress away in the moment of crisis.
This is the same reason why people will formally establish power of attorney. It is not nice to think about a future where you are incapable of expressing your wishes and making your own decisions, but making a plan just in case you are incapacitated is integral to an estate planning process. If you have been considering giving someone power of attorney, an experienced DuPage County, IL estate planning lawyer can help you understand what you should take into account in making this important decision.
What Happens to My Credit After Bankruptcy?
Filing for bankruptcy can be an upsetting experience and many people try to avoid doing so at all costs. However, if you are overextended and unable to pay the money that you owe, bankruptcy is a way to help that can offer some breathing room as you try to get out of your debt and become financially stable. Some misconceptions about bankruptcy make people hesitant to file, for example, that once you have filed for bankruptcy, your credit will be tarnished forever, and you will never be able to get a loan. The truth is that there is hope after bankruptcy. An experienced Geneva, IL bankruptcy attorney can explain why and how you might get there too.
Is It Possible to Have Credit After Filing for Bankruptcy?
As a general rule, bankruptcy tends to stay on your record for seven years following the conclusion of your process, and it will affect your credit during these years and for some more years to follow. However, if you make consistent efforts to pay off the debts that put you into bankruptcy and to avoid debt going forward, the impact of your bankruptcy will slowly start to get smaller and smaller.
How Can a Will Save Your Family Money in the Future?
Having a will in place can end up saving your family a significant amount of time, stress, and money when you pass away. At the same time, it may seem too much to think about, but getting your affairs in order now can make a big difference for your loved ones later. An Illinois estate planning lawyer can guide you on how creating a will can help your family money down the road.
Avoids the Costs of Dying Intestate
If you die without a will, the state gets to decide how to distribute your assets. This is called dying intestate. When this happens, the court appoints an administrator who must go through a long legal process to determine your heirs and parcel out your property and finances. This legal supervision comes at a significant cost, with administrator fees and court costs claiming a chunk of your estate. A will lets you direct your assets as you see fit, avoiding this bureaucratic money drain.
Estate Planning Tips for Illinois Families with Disabilities
As an Illinois family with a disabled loved one, ensuring they are cared for after you are gone is a pressing concern. Proper estate planning can secure their lifestyle and give you peace of mind. There are a few steps you should know how to take. An Illinois estate planning lawyer can help make sure you cover them.
Set Up a Special Needs Trust
A special needs trust is a vital estate planning tool for families. This trust holds assets to supplement government benefits for your disabled beneficiary without affecting eligibility. A trustee manages distributions, while the beneficiary does not control assets. Special needs trusts maintain financial support, medical coverage, and quality of life for your dependent.
Eviction Mistakes to Avoid in Illinois
Navigating the eviction process can be challenging for Illinois landlords. There are nuances in the law and thorough procedures that must be followed. Making mistakes can delay evictions, lead to lawsuits, and cause significant financial harm. You should be aware of the biggest eviction mistakes. An Illinois lawyer can help you with the process so you do not make the wrong move.
Not Following Proper Notice Procedures
Illinois law requires landlords to formally notify tenants before filing for eviction. This includes serving the appropriate written notice form and waiting for the minimum notice period. For nonpayment of rent, a 5-Day Notice is required. Other lease violations need a 10-day Notice. Sending an informal warning or skipping notices altogether leads to defective filings.
Sidestepping Probate Pitfalls in Illinois
Going through a probate can be filled with pitfalls for grieving executors and beneficiaries. But an Illinois attorney can guide you through the complex process smoothly. Common mistakes can be avoided by understanding probate procedures, promptly securing assets, and maintaining meticulous records.
With legal representation, you can minimize disputes, delays, and disruptions when settling your loved one’s estate. You should be aware of key steps to sidestep probate problems and honor their legacy responsibly.
Understanding the Probate Process
Settling an estate through probate can be emotionally and legally challenging. Without guidance, even well-meaning executors and beneficiaries can stumble. A misstep might simply delay asset distribution. Or worse, it can spark bitter inheritance disputes. You can protect heirs and your deceased’s wishes by working with a probate attorney.
Can I Evict a Tenant in Illinois for Late Rent Payments?
As a landlord in Illinois, having tenants consistently pay late can be extremely frustrating. You may wonder what options you have to evict a tenant for chronically late rent with the help of an Illinois attorney. Here is what Illinois landlords need to know about evicting tenants for late rent payments.
Notice Requirements for Late Rent
Before a tenant in Illinois can be evicted for late rent, you must provide proper written notice. The notice must specify the amount owed and provide at least five days for the tenant to pay before you can file for eviction.
If the tenant pays within five days, you cannot proceed with eviction solely based on that late payment. However, if the tenant still does not pay after you provide notice, you can move forward with the eviction filing.
From our office in Geneva, Illinois, we serve clients throughout the region, including the communities of St. Charles, Batavia, Aurora, Elgin, Elburn, Sugar Grove, North Aurora, South Elgin, West Chicago, Fox Valley, Winfield, Wayne, Big Rock, Naperville, Wheaton, and Downers Grove, as well as other municipalities in Kane County and DuPage County.
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