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Recent Blog Posts
How Can I Pass Down My Assets to My Family?
During the process of estate planning, your concerns may center around making sure your property is distributed exactly how you want it. There are a variety of ways to pass down your wealth and assets, but each method comes with its own unique benefits and drawbacks. A knowledgeable Illinois estate planning lawyer can advise you of your options and help you pursue the best course of action to suit your needs and interests.
At DLAW, PC, we have more than 25 years of experience helping clients with their legal issues. Attorney Deanna Aguinaga Walker works with every client personally, providing individualized counsel and representation to resolve any legal issues.
How Do Wills Work?
Writing a will is one of the most straightforward ways of passing down your assets to your beneficiaries, whether you have a simple or complex estate. In your will, you can decide who will receive your property upon your death. Property distributed in your will may include assets like your home, vehicles, bank accounts, and other belongings.
What Happens if We Find a Title Error When We’re Buying a Home?
Buying a home is an exciting milestone, but the process can become very stressful if title issues arise. A title error can delay closing, cause unexpected legal problems, or even prevent you from buying a home you have already fallen in love with.
If you discover a title issue while buying a home in Kane County or DuPage County, it is essential to address the problem quickly and correctly with an experienced lawyer.
As a dedicated Illinois residential real estate attorney, DLAW, PC works closely with clients to ensure their home purchases go smoothly. When title errors appear, we take a hands-on approach to resolving them so our clients can move forward with confidence.
What Are Common Title Errors?
A home’s title is the legal record of ownership. Before closing on the sale of a home, a title search is conducted to uncover any potential issues. Some of the most common title errors include:
Will My Parents' House Go Through Probate?
When a loved one passes away, that person’s assets must be distributed according to their will or, if they did not have one, according to Illinois law. One of the biggest concerns for families is what happens to a parent’s home after a death. Will it automatically go to the children, or will it need to go through probate? Understanding how probate works and how different estate planning tools can affect the process can help you determine what to expect, and our Illinois probate and estate planning attorney is here to help.
What Is Probate?
Probate is the legal process of settling a person’s estate after they die. It involves proving that a will is valid, identifying and valuing assets, paying debts and taxes, and distributing what remains to heirs or beneficiaries. If someone dies without a will, Illinois law determines who inherits their property.
How to Talk to Someone About Being Your Estate Executor
Choosing the right person to serve as your estate executor is one of the most important decisions you will make when creating your estate plan. Your executor will be responsible for carrying out your wishes, managing your assets, and ensuring that your beneficiaries receive what you intend to leave them.
However, asking someone to take on this role can feel awkward or difficult. Having an honest and open conversation with the person you are considering is essential to ensure they are willing and able to fulfill the responsibilities.
If you are planning your estate, an Illinois estate planning and probate lawyer can help you draft the necessary documents and guide you through these sensitive discussions.
What Does an Executor Do?
An executor is responsible for administering your estate after your passing. This includes:
How to Handle a Parent’s Debt After They Pass Away
Losing a parent is one of life’s most challenging moments, and dealing with financial matters during this time can feel overwhelming. If your parent had debts when he or she passed away, you may wonder what happens next and whether you are responsible. Understanding the process and your rights can provide clarity and peace of mind. An experienced DuPage County, IL estate planning attorney can help you navigate these matters with care and compassion.
Do You Inherit Your Parents’ Debt After They Die?
When a person passes away, their debts do not automatically become their children’s responsibility. Instead, these debts are typically settled through the estate, which includes any assets, property, and financial accounts they left behind.
What Can Creditors Do After I File for Bankruptcy?
Bankruptcy is a legal process that can help redeem someone from overwhelming debt. If a person files for Chapter 7 bankruptcy, his or her assets are liquidated and used to pay back creditors. If a person files for Chapter 13 bankruptcy, he or she works out a court-approved repayment plan to pay back creditors over three to five years. In either case, the court process can take several months.
Within that time, creditors would still be able to pursue the filer if not for a concept called the "automatic stay." The automatic stay stops creditors from collecting debts, but only up to a point. For more details or for any bankruptcy matters, consult an Illinois bankruptcy attorney.
What Is the Automatic Stay in Bankruptcy?
When a debtor files for bankruptcy, it triggers the automatic stay. This law keeps creditors at bay by prohibiting them from pursuing the borrower for certain debts and preventing them from engaging in collection efforts. The automatic stay, for example, protects the filer from:
4 Common Questions About Power of Attorney in Illinois
A power of attorney allows a person (the principal) to appoint someone else (the agent) to perform certain actions or make certain decisions on his or her behalf. It is an excellent legal tool used in various situations that can help protect someone’s health and finances. A principal may grant an agent authority to make decisions regarding his or her healthcare, for example, or to complete financial tasks. Creating a power of attorney requires careful attention to detail, which is why it should be drafted by an experienced Illinois estate planning attorney.
Although a POA is a useful legal instrument, it is often misunderstood. Here are four questions people often ask about POAs in Illinois.
Does a POA Grant an Agent Unlimited Authority?
An agent’s power is limited to the scope of authority you define in the power of attorney document. This could include broad authorizations like making decisions about your health or more specific ones like signing a contract on your behalf. An important thing to remember is that agents have a fiduciary duty to act in their principals’ best interests, so they can only make decisions or perform tasks that benefit them.
How Can a Tenant Challenge an Eviction for Non-Payment?
One of the most common reasons landlords evict tenants is failure to pay rent. However, eviction is often a frustrating procedure that must follow a strict legal process. And even if that process is followed, tenants can still present legal challenges to the eviction.
Understanding the legal defenses a tenant can use is an important first step toward a successful eviction. In this article, we will discuss the eviction procedure and some of the legal arguments tenants can bring during the eviction process. For an effective eviction, consult an Illinois residential real estate lawyer who can guide you through the legal steps.
How Does the Eviction Process Work?
A landlord who wants to evict a tenant must follow a specific procedure that contains the following steps:
How Can I Become a Guardian in Illinois?
When a person becomes incapacitated, Illinois law allows a third party to be appointed a guardian over that person, who is referred to as the "ward." The guardian can fill one or both of the following roles:
- Guardian of the person: The guardian makes personal decisions for the ward, including those concerned with the ward’s health and living arrangements.
- Guardian of the estate: The guardian has decision-making power over the ward’s property and finances.
However, becoming a guardian over someone requires adhering to a strict legal process, and there is no guarantee — even for the ward’s relatives — as to who the court will choose as a ward’s guardian. A great way to ensure you have the best chance of being granted guardianship is to hire an Illinois guardianship attorney.
How Is a Guardian Chosen?
Guardianship is granted by the court to someone who the judge feels will serve the ward’s best interests. This can be a family member, close friend, or if no one who qualifies is available, the Illinois Office of State Guardian.
4 Important Considerations Before Buying a Home in Illinois
Buying a home is a major part of living the "American dream." When people feel they are finally ready to take that step, it is exciting and overwhelming at the same time. It is a major investment that requires a lot of thinking, research, and, of course, financial assets, and it is not a decision that anyone should rush into. While a home purchase will always be costly, there are certain things you should consider to help you decide whether a specific property is worth it for you. This article will review four considerations that can aid in this big decision. If you believe you are ready to buy a home, contact a Geneva, IL real estate lawyer who can review your options and help you make informed decisions.
Financial Readiness
Before you can even think about buying a home, you need to take the time to understand your financial situation so you can assess whether this is a step you are ready to take. Some things you might want to do as you estimate your financial readiness include:
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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