Family Law Attorney Algonquin IL – Law Offices of Anthony R. Scifo – Free Consultation at 847-628-8311
The Law Offices of Anthony R. Scifo specializes in the areas of probate litigation, elder law litigation and family law.
Probate Law in Illinois
Probate is simply how an estate is settled under the supervision of the court. An individual – usually a surviving spouse or surviving adult child – is named by the court in the event there is no will to function as the executor. This grants the person the legal authority needed to collect and value the assets and property that’s owned by the estate. Also, the executor has the authority to pay the estate’s remaining bills, taxes, and to distribute assets to the estate’s named beneficiaries. Note that not all estates need to go through probate. Estates that have a value below a certain amount are considered to be a “small estate” and don’t require supervision from the court system to be settled.
Family Law Attorney Algonquin IL
Additionally, not all types of assets are subject to probate either. Some simply transfer automatically when the owner dies. The most common types of assets that fall into this category include:
- –Joint Tenancy. When one owner of a house dies, for example, “right of survivorship” means that the surviving joint owner then becomes the sole owner of the house.
- -Community Property with Right of Survivorship. This is a form of property ownership that functions like joint tenancy. The survivor owns the whole property upon the death of the other tenant. However, this pertains only to married couples.
- -Designated Beneficiaries. Retirement accounts and life insurance policies name their beneficiaries. Following the death of the account owner or the policy owner, named beneficiaries receive the assets of the account or the proceeds from the policy.
Family Law Attorney Algonquin IL – Law Offices of Anthony R. Scifo
Payable on Death Accounts, Transfer on Death Accounts – like insurance policies, bank or brokerage accounts can also have designated beneficiaries and do not require probate. Account owners can basically complete a form that names who should receive the account’s assets upon the owner’s death.
Representing the Legal Interests of Older Adults
In addition to probate law, we also practice elder law. One of the issues that often arise with older adults is the decision to hire a caregiver. The decision to bring a paid caregiver into the home of an older loved one is a major step and is most often a wise move that helps all involved. Most professional caregivers are trustworthy and work hard at what can be a very difficult job. They provide an invaluable service that helps seniors enjoy a quality of life that would otherwise be impossible. However, older adults can sometimes be vulnerable to theft and financial fraud to dishonest caregivers. The solution is to stay in frequent contact with your older relative and be proactive at signs of trouble.
Here are a few indicators that a caregiver may be committing theft or some other form of financial fraud:
-Emotional involvement or too much dependence. A caregiver can become a reliable friend and is in some cases the only person an older person interacts with on a daily basis. While this bond is usually a good thing, stay alert for anything that seems to be unprofessional. Watch for signs that your older relative is emotionally involved or too dependent on a caregiver, such as talking about the caregiver frequently or placing a higher priority on that relationship than others.
Law Offices of Anthony R. Scifo – 847-628-8311
- -Watch the receipts. If shopping for groceries is among a caregiver’s duties, watch for items on a receipt that seem out of the ordinary for your older loved one. If the caregiver takes your relative out shopping or to eat, watch for receipts from places your relative would normally not go to.
- -Too much time on the cell phone. If a caregiver seems to spend an unusual amount of time talking or texting with others while on duty, it could be a sign they are placing a priority on someone else besides your older loved one.
- -Signs of alcohol abuse or missing too many work days. If a caregiver frequently misses work on Mondays, or if liquor seems to be disappearing from the liquor cabinet, it’s likely a sign of alcohol abuse.
- -Missing jewelry, cash or valuables. Simply stated, when valuables go missing it’s a sign that something is not right. Take care to help your loved one safeguard their valuables at all times. It’s useful to take an inventory and place valuable items in a safe or store them elsewhere.
If you notice any of these signs, take action to protect your older loved one from a dishonest caregiver immediately. We are here to help – call 847-628-8311 for a free consultation today.
If you are thinking about divorce, you’re not alone. In fact, statistics reveal that about 55 percent of first marriages in the USA end in divorce. For second marriages and up, that figure jumps to about 70 percent. To get an approximate sense of what you might experience in the divorce process, take the time to get a fundamental understanding of what’s involved. It’s important to prepared and informed when moving ahead with this major decision.
Law Offices of Anthony R. Scifo – Divorce and Mediation
Please bear in mind that if your relationship with your spouse is relatively amicable it reduces the emotional and financial challenges that occur when ending a marriage.
For those who have already retained the services of a Divorce Lawyer Barrington IL and been through the procedure, that experience will help you anticipate what will occur as it moves along. For Divorce Lawyer Barrington IL clients, stress levels are not as high if it’s the second time.
A few terms regarding divorce are:
-Petitioner. This is the spouse who starts the divorce filing procedure with the court.
-Respondent. This is the spouse who doesn’t file the papers first. Instead, it’s the respondent who receives the papers.
-The Court. Your divorce papers are filed in your county’s judicial district court, and the court assigns a case number. Note that the court has jurisdictional rights to grant the orders regarding issues like property division, debt division and child custody. The state of Illinois is an equitable distribution state. That means division of property is to be done an equitable manner. Courts typically recommend that spouses try to come to a settlement on their property and debt issues. If a settlement can’t be achieved, courts decide how to distribute property.
Talk with a Family Law Attorney Algonquin IL and learn more about how to proceed if you are considering divorce at 847-628-8311.
Mediation and Divorce in Illinois
Going through a significant life event like can be a challenging experience even in the best of circumstances. It can not only be emotionally trying, but the divorce procedure can take time and take its toll on both spouses. Furthermore, a divorce can be difficult for spouses who have children together.
Mediation can provide a very effective way for spouses to work through their disputes while minimizing the impact on their children. A mediator is a neutral, third party who helps facilitate communications between divorcing spouses. For many people going through a divorce, mediation offers an effective way to make progress in a neutral setting.