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Hillside, IL 60162
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Recent Blog Posts
Reasons to Consider Obtaining a "Living Will" Document in Illinois
Pondering your mortality can be frightening, but if you take the time to make arrangements for the end of your life, you can rest easier knowing that you have a plan in place. An Oak Park, IL estate planning attorney can help you think through, and create a plan for, these end-of-life arrangements. A "Living Will" document – also referred to as an advanced health care directive – can allow you to specify your preferences regarding certain medical treatments if you become incapacitated.
At the Law Office of Vincent C. Machroli, P.C., our estate planning lawyer can help you prepare for unexpected health complications by drafting a "Living Will", along with other important estate planning documents.
A "Living Will" Upholds Your Personal Rights
You deserve to have a say in your own healthcare decisions, and for many, the thought of losing control over those decisions can be disconcerting. With a "Living Will", you can take comfort in knowing that whatever happens, it will be according to what you want – not somebody else’s interpretation of what is best for you.
Can I Adopt My Stepchild in Illinois?
Unlike their portrayal in many fairy tales and movies, stepparents can often form meaningful, loving bonds with their spouses’ children. Stepparent adoption is a meaningful way to solidify that bond and legally grant the stepparent the same rights and responsibilities as a biological parent.
The stepparent adoption process in Illinois is meant to protect the child’s best interests and provide a clear legal framework for families. To learn more about your options as a stepparent who wants to adopt, speak with a knowledgeable Illinois family law attorney.
How Does Stepparent Adoption Work?
When someone legally adopts their spouse’s child, it is called a stepparent adoption. This process establishes a permanent legal relationship between the child and stepparent, and effectively replaces the legal rights of the non-custodial biological parent. There are several benefits to stepparent adoption:
The Impact of Mental Illness on Divorce in Illinois
Divorce can be a difficult process, and it can become even more difficult when mental illness is involved. If one or both spouses suffer from mental health conditions, it might make certain divorce methods like collaborative law or mediation unfeasible. Illinois law also takes mental health issues into account when deciding about matters like child custody and the equitable distribution of assets. Speak with a knowledgeable Oak Park, IL family law attorney to understand more about how mental illness can affect the divorce process in Illinois.
Mental Illness and Marital Problems
The category of "mental illness" covers a wide range of conditions that can affect how someone thinks, feels, and behaves. Depression, anxiety, bipolar disorder, and schizophrenia are some of the more common mental health conditions that many people live with. These conditions can have a major impact on a marriage, particularly when one spouse has trouble managing their symptoms, causing stress, misunderstandings, or conflict in the relationship.
Protecting Digital Assets in Your Estate Plan
It is the end of 2024, and we are now almost a decade past the farthest point into the future imagined by the "Back to the Future" movies. Our lives truly do look as different from the 1980s as the films predicted, and we can easily take for granted that we live in an age of seemingly boundless technological advancement.
With so many aspects of life affected by innovation, it is only natural that the law will be affected as well. One area where this has certainly become relevant is estate planning. As people accumulate more and more digital assets that were inconceivable only a few decades ago, these assets need to be addressed in a comprehensive estate plan. A knowledgeable Hillside, IL estate planning lawyer can help.
What Are Digital Assets?
Anything you own that exists in a digital form is considered a digital asset. Some examples are:
How Can I Establish Paternity if the Father Is Unwilling?
Many children have the privilege of growing up with both of their parents. Even if a child’s parents are divorced, having two involved parents can be very beneficial for the child’s emotional well-being. Similarly, in many families, parents who are not married to each other understand the benefits of allowing their child to have a meaningful connection with each parent.
While married couples are automatically recognized as a baby’s parents at birth, an unmarried father’s relationship with his child needs to be legally established so that his paternity is officially recognized. Otherwise, he has no legal parental rights or responsibilities to the child. When the mother wants the father to establish his paternity, but he is unwilling to acknowledge his role in the child’s life, she can pursue legal action. If you are in this situation, contact a knowledgeable Hillside, IL family law attorney to learn more about your options.
How Can You Keep Your Home Out of Probate Court in Illinois?
If you own a home in Illinois, ensuring that ownership of it will transfer smoothly to whomever you choose without getting tangled up in probate should be a top priority for you. A probate case in Illinois typically takes between one and two years to complete, with complex or contested estates at the longer end of that estimate. The probate process is also public, which means details about your estate are accessible to anyone with an interest. During the probate process, your loved ones may not have access to the assets in your estate, leading to financial difficulties.
Fortunately, there are three legal options available to you that can enable your beneficiaries to avoid the costly and time-consuming public probate process for real estate. When you have an experienced Oak Park, IL probate attorney from the Law Office of Vincent C. Machroli, P.C. helping you prepare your estate plan, you can rest easy knowing your estate plan fully protects your loved ones. The following are the 3 ways that you can be sure that ownership of your home passes to your family members, or to whomever you choose, without the necessity of going through probate
How to Keep Your Home When Foreclosure Seems Inevitable
As of March, 2024, the state of Illinois had the highest home foreclosure rate in the United States, with foreclosures affecting one in every 2,548 homes. In the same month, the number of homes with foreclosure filings across the entire nation was 32,878 – a drop of 1 percent from the previous month, and down 10 percent from the same point the previous year. The prospect of losing your home is, understandably, terrifying. Our homes are often a haven from a world that can be tough to navigate at times. If you have children, the thought of losing your home is even more untenable.
The rules and laws surrounding foreclosure vary significantly from one state to the next. Foreclosure is a specific type of civil litigation. In some states, foreclosure can happen quickly, while the process is fairly lengthy in others. If you are behind on your mortgage payments and fear your home is about to be foreclosed on, your first priority should be to contact an Oak Park, IL foreclosure defense attorney from the Law Office of Vincent C. Machroli, P.C..
Changes in Illinois Estate Planning and Probate Laws
If you are contemplating having an estate plan prepared, or if you are dealing with probate for a loved one, it is important that you be fully informed about several recent changes in the law that might affect you and your loved ones in connection with those subjects. Estate planning allows you to make provisions for those you care about, including the distribution of assets, and naming a person to make decisions on your behalf in the event you become incapacitated.
Probate is the legal process of administering your will, paying any outstanding debts, and distributing the remaining assets to those you have named in your will or trust. This means that any law passed regarding estate planning also affects probate. It is always a good idea to consult with a knowledgeable Oak Park, IL, probate attorney who can guide you through the process, and/ or help you plan for your own probate in the future. The following are some of the recent probate changes in the state of Illinois.
Why Would a Guardian Be Appointed for a Child in Illinois?
In addition to divorce, child custody, asset division, spousal support and child support, guardianship matters fall under the category of family law. Usually, only a child’s parents have the authority to make decisions regarding the care of a child, but sometimes, a parent is unable or unwilling to make those decisions, and so a guardian must be appointed by a family court judge.
A guardian, who is often a family member, takes on the duties and responsibilities of a child’s parents. Different types of guardianship exist, depending on the child’s specific needs. It is important to note that parental rights are not terminated when a guardian is appointed, and that a parent may file a petition seeking the discharge of the guardian.
If you have been appointed guardian of a child, or if you are the parent of a child who has had a guardian appointed, you may have questions, so it can be very beneficial to speak to an Oak Park, IL family law attorney from the Law Office of Vincent C. Machroli, P.C.. Attorney Vincent C. Machroli has been helping Illinois families with regard to guardianship matters since 1988.
What is an Emergency Motion for Parental Responsibilities?
When serious disputes arise about the allocation of parental responsibilities, the response of Illinois courts can be swift. With the goal of protecting the best interests of the child, if an emergency motion suggests a child is at risk, the courts will virtually always act quickly. A dispute may arise between parents during times when temporary custody orders are in effect or after the divorce, when final allocations of parental responsibilities have been determined.
When an emergency motion is filed, it is because one of the child’s parents has serious worries about the child’s immediate safety. If you are a parent who has such concerns, speak to your Oak Park, IL child custody attorney from the Law Office of Vincent C. Machroli, P.C. to discuss the best way to proceed. If your attorney feels an emergency motion is warranted, he will likely set a court date quickly.
What You Should Know About Emergency Custody Motions
An emergency motion for parental responsibilities is only granted when one parent asks the court for an immediate response regarding an issue with the other parent that threatens the safety of the child, and the court agrees. The parenting plan may also be changed temporarily to award sole custody of the child to the parent filing the emergency motion, but this should not be considered a final decision.
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