location28 N. 1st St., Suite 101, Geneva, IL 60134

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Geneva estate planning attorney Estate planning means more than just writing your will. While a good estate plan may certainly include a will, there is a lot more to it than that. Testamentary planning - deciding what should happen to your property after you pass away - is an important part of estate planning. When most people think of estate planning, they are really thinking only about testamentary planning. Incapacity planning is an equally important part of estate planning.

Incapacity planning allows you to prepare for the possibility that you could become incapacitated in your own lifetime as is common in old age. No estate plan is complete until both parts have been thoroughly addressed. The exact types of documents you will need to accomplish both goals depends on your own personal situation and preferences. It is best to work with a qualified attorney to develop a complete estate plan. 

What is Testamentary Planning?

Testamentary planning is the part of estate planning where you decide how your property should be distributed after you pass on. It is important to do this even if it is emotionally challenging. If you pass away without having a testamentary plan, state law determines who gets what and your family will have to go through the notoriously difficult intestate probate process. 

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Geneva trusts attorneyEstate planning is full of choices. Completing the process can give you control over how your property will be distributed after you are gone, as well as control over some of your own end-of-life decisions. Once you have decided to use a trust rather than a will as your primary testamentary tool, you still have quite a few decisions to make. Trusts can be revocable or irrevocable, and there are even more subcategories. You also get to set most of the terms of your own trust - these are highly customizable legal instruments. 

Your best bet is to talk with an estate planning attorney who is highly knowledgeable about the different types of trusts and how they can be written. After you explain your goals and give some information about your beneficiaries, your lawyer will be able to guide your decision from there. 

Factors to Consider in Choosing a Type of Trust

You have quite a few things to consider when you go to create a trust. Be prepared for your lawyer to ask a lot of questions, some of which can be a bit personal. However, it is important that you answer openly so that your attorney knows what concerns to factor in when designing a trust for you. Things to think about include:

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Geneva landlord eviction attorneyYou probably do not want to have to evict a tenant. The eviction process is rarely quick or simple. Generally, formal eviction proceedings are a last resort when a problem tenant refuses to leave on their own. As a landlord, you may face situations where you have little choice but to evict a tenant who is refusing to pay, destroying your property, or engaging in criminal activity. When these situations arise, it can be tremendously helpful to have an attorney who is experienced with eviction proceedings representing you. Renters have a lot of legal protections in Illinois, but there are still valid reasons for evicting a tenant that the courts will typically honor.

What Are Some Legal Reasons for Evicting a Tenant?

The most common reason people get evicted is for nonpayment. However, there are good legal reasons to evict even a tenant who is up to date on rent. Grounds for eviction in Illinois include:

  • Damages - Destructive tenants can create extremely costly damages very quickly. Whether they are intentionally causing damages, such as by punching holes in the wall, or passively allowing damages, such as by failing to clean up after a pet, a tenant can be evicted for damaging the rental property.
  • Illegal use - If your tenant is using your property for an illegal purpose, you can most likely have them evicted. Common illegal uses of rental housing include prostitution and selling or manufacturing drugs.
  • Nuisance - For those who own multi-family buildings, situations may arise where one tenant is a nuisance to the others. Repeated noise violations, harassment, or intimidating behavior by one renter can create an environment that is unsafe or otherwise difficult for others to live in. The disruptive tenant may need to be evicted.
  • Nonpayment - You may not want to evict a tenant who is struggling financially and unable to pay rent, but at a certain point, it may become necessary. If your tenant is merely irresponsible or refusing to pay for a nonsense reason, evicting them may come as a relief.

There are also reasons for which you explicitly cannot evict someone. For example, you cannot evict a tenant for making a valid complaint about the property or based on their familial status or membership in a protected class. Victims of domestic violence may have additional protections in some cases, even if nonpayment or noise complaints were a problem. It is best to speak with a qualified attorney before attempting to evict a tenant.

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