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Recent Blog Posts
Understanding Trusts: Are They Right for Your Family?
Planning for the future is not always easy, especially when it involves decisions about how to protect your family and everything you have worked hard to build. For many, one of the biggest questions is whether setting up a trust makes sense for their situation.
While a trust can help avoid probate, maintain privacy, and provide clear instructions for managing your assets, it is not the right solution for everyone. Working with a DuPage County, IL estate planning attorney can give you the clarity you need to decide if a trust aligns with your family’s needs and long-term goals.
What Is a Trust and How Does It Work?
A trust is a legal tool that allows one person, called the trustee, to hold and manage property for the benefit of others, known as beneficiaries. The person who creates the trust is referred to as the grantor. Unlike a will, a trust goes into effect while you are still living and may allow your family to avoid the probate process after your death.
Can You Be Denied the Right to File for Bankruptcy?
Bankruptcy is often seen as a lifeline for people facing crushing debt. However, that lifeline can quickly disappear if the court denies your case. Filing for bankruptcy is not automatic relief; it is a legal process with strict qualifications and procedures. Many people are surprised to learn that their bankruptcy can be denied due to errors, ineligibility, or misconduct. With so much at stake, having a skilled Kane County bankruptcy lawyer on your side can make all the difference in securing the debt relief you need.
What Legal Standards Must You Meet to File?
Bankruptcy eligibility depends on the type of bankruptcy you are pursuing. For Chapter 7 bankruptcy, your income must be low enough to pass the "means test," which compares your household income to the median in your state. For Chapter 13, you must show that you have regular income and that your secured and unsecured debts fall within the legal limits.
How Often Should I Update My Estate Plan?
An estate plan is more than a set of documents—it is your voice, your wishes, and your legacy. Since life does not stand still, neither should your estate plan. Marriages, births, financial shifts, and other life changes can all impact how your plan functions when it matters most. Regular updates are vital to making sure your plan works for you, not against you. A DuPage County, IL estate planning attorney can help you review and update your plan so that it remains clear, compliant, and effective.
Why Is It Important to Regularly Review Your Estate Plan?
Estate plans should adapt as your personal, financial, and legal situations change. If you do not update your plan, outdated information could create confusion, delay the distribution of your assets, or even invalidate parts of the plan. In Illinois, estate administration is governed by the Probate Act, which sets the rules for distributing assets if no valid or clear plan exists.
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.
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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