Posted on June 20, 2023 in Guardianships

While most people would not want to be placed under a guardianship unless it were absolutely necessary, the fact is that in many cases, obtaining guardianship over an elderly loved one is truly necessary. When an older adult begins to lose the capacity to care for themselves or to manage their own healthcare and finances, initiating guardianship proceedings is often the best way to protect them. Having guardianship over your elderly family member can allow you to step in and begin making important decisions for them and managing their affairs. It is not an easy decision to make. Rather, making the choice to begin seeking guardianship can be emotionally fraught. You may feel as if you are taking their independence, when in fact, it is the natural effects of aging that have done so.

A. Traub & Associates is committed to helping family members and loved ones of aging adults pursue guardianship as a means of protecting the elder. We understand the difficulty involved in making the decision to pursue guardianship and strive to maintain privacy and dignity for all involved.

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 Posted on June 09, 2023 in Divorce

Finances play a crucial role in a divorce case. When there are complicated financial circumstances in a divorce, a forensic accountant may provide expert analysis and testimony. The primary objective of a forensic accountant is to assist in painting an accurate financial picture of the marital estate so that asset division, child custody, and other divorce issues can be determined. Forensic accountants are often used in divorce cases in which a spouse is misrepresenting his or her financial situation. A divorcing spouse may hide assets, undervalue assets, or lie about his or her income. A forensic accountant’s job is to uncover the truth and assist the divorce lawyer during the case.

Tracing and Identifying Assets

In many contested divorce cases, questions are raised about a spouse’s marital and non-marital assets. A forensic accountant traces and identifies marital assets, including assets that have been hidden. A spouse may try to hide assets by transferring assets to a third party, failing to disclose offshore accounts or other difficult-to-find property, or lying about the value of assets.

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 Posted on June 08, 2023 in Adoption

In the eyes of the law, a child can only have two parents. Although stepparents and other family members often play essential roles in a child’s life, they do not have the same rights and responsibilities as parents unless they formally adopt the child.

Whether you are interested in a relative adoption, private adoption, or another type of adoption, it is important to understand how the termination of parental rights may play a role in your case.

Voluntary Termination of Parental Rights

In some cases, a child’s parents willingly give up their parental rights. A parent may make the decision to surrender their parental rights if they suffer from severe substance abuse or other personal problems that make them unable to care for a child.

Involuntary Termination of Parental Rights

In other cases, a parent’s parental rights are revoked against the parent’s will. Illinois courts only revoke parental rights if it is in the child's best interest. The courts want to keep families intact whenever possible. However, there are some situations in which it is better for the child if the parent’s parental rights are terminated.

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 Posted on May 31, 2023 in Estate Planning

Home health aides, skilled care providers, personal care aides, and other types of home care workers provide a valuable service to individuals who require consistent, ongoing care. If you suffer from health conditions and require assistance with medical needs or daily living tasks, you may grow very close to your caregiver. You may even come to think of the caregiver as if he or she was family.

Some people wish to express their gratitude for a home care worker by leaving them an inheritance in an estate plan. If you intend to leave money or other property to a caregiver, it is very important that you understand how Illinois law addresses inheritance left to caregivers.

Presumptively Void Transfers to Caregivers

Many people who receive care from an in-home health worker have significant medical problems that may make them vulnerable to exploitation or abuse. In order to combat this, Illinois law has established strict rules regarding asset transfers to non-family caregivers.

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 Posted on May 30, 2023 in Family Law

Divorced and unmarried parents who share custody of their children may run into many different types of disputes throughout the years. One of the most significant issues parents run into is that of parental relocation. When one parent wants to move a significant distance away with the child, it can make it difficult to nearly impossible for the other parent to spend adequate time with the child.

If your child's other parent wants to relocate to a new residence that is a significant distance away and you are concerned about how this will impact your child, it is important to know your legal rights and options in this situation.

Parental Relocation in Illinois

To understand your rights and options regarding relocation, it is necessary to understand the difference between a move and a relocation. Illinois law describes relocations based on where an individual currently lives and the distance between the current residence and the proposed future residents.

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 Posted on May 26, 2023 in Divorce

Property division is an essential aspect of the Illinois divorce process. For many divorcing couples, their home is the most valuable asset they own. Unfortunately, in these difficult times, many people owe more on their mortgage than their house is worth.

If you find yourself in this predicament, you may have questions about what happens to the home and the mortgage during your divorce. The answer to this question depends on many factors. Read on to learn more.

How is an Upside Down Mortgage Handled During Divorce?

Typically, there are two main ways that divorcing spouses address the equity in their home. In some cases, the couple sells the house and divides the proceeds between them. In other cases, one spouse buys out the other spouse by retaining ownership of the home and compensating the other spouse with other marital assets, such as bank account balances, retirement assets, or vehicles.

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 Posted on May 25, 2023 in Child Custody

Separated and divorced parents often worry about how the separation will impact their relationship with their children. It can be extremely hard for a parent who is used to tucking their child into bed every night to go days or weeks without seeing the child.

Most divorced parents are subject to a parenting time schedule that describes when each parent will spend time with the child. Parents are expected to comply with this schedule and transfer the child on time. While most parents will understand a few late drop-offs or early pickups, when the parenting time schedule is repeatedly violated, the other parent may need to take legal action.

Unlawful Visitation Interference

The parenting plan is not a suggestion. It is a legally binding court order. Parents who intentionally and consistently fail to comply with the provisions of the parenting plan may be subject to significant consequences.

According to Illinois law, withholding a child from the other parent, called "unlawful visitation interference," is considered a crime. Although it is a petty offense only punishable by a small fine, if a parent is found to have committed visitation interference for a third time, this is a Class A misdemeanor. A parent may also be found in contempt of court for violating the parenting plan.

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 Posted on May 23, 2023 in Family Law

In a divorce or child-related legal dispute, Illinois courts always want to ensure that the children's safety and well-being are paramount. In order to ensure that a child custody arrangement is in a child's best interest, the court sometimes requires parents to undergo psychological testing or a mental health evaluation. Sometimes, a mental health evaluation is requested by one of the parents, in other cases, the court orders psychological testing.

If you are getting divorced or going through a child custody case, you may have many questions and concerns about how mental health evaluations are used and what they entail. Each case is different; however, this blog will give a general outline of mental health evaluations in Illinois family law cases.

Who Has to Undergo Psychological Testing?

Psychological testing can be time-consuming, invasive, and expensive. Consequently, it is only used when necessary to ensure the well-being of a child. The court has the authority to order psychological testing if the court believes that a parent could have a psychological or mental health condition that influences the case.

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 Posted on May 12, 2023 in Wills and Trusts

The average lifetime cost of medical care and assistance for a person with cerebral palsy is estimated to be just under $1,000,000. If your child has cerebral palsy, ensuring that your child has access to the support, medical care, and assistance he or she needs is probably at the top of your mind.

A special needs trust is an estate planning tool that allows for the transfer of assets to a disabled person. When compared with transferring assets through a will, a special needs trust offers significant advantages.

Special Needs Trusts for Disabled Individuals in Illinois

Doctor's appointments, speech therapy, medications, assistive devices, special education programs, and medical equipment such as wheelchairs are just some of the many special needs experienced by children or young adults with cerebral palsy. The costs associated with these needs can be extraordinary. For parents of children with cerebral palsy, financial planning is essential.

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 Posted on May 08, 2023 in Divorce

Divorcing couples of any age may have questions and concerns about how their divorce will influence their retirement, but this is often an especially crucial issue in divorce cases involving older spouses. Understandably, people want to ensure that they will have access to the financial resources they need in their golden years.

In this blog, we will discuss answers to some of the most frequent questions about how divorce can influence retirement accounts and what you can do if you want personalized guidance regarding your situation.

Does My Spouse Get Half of My Retirement Account?

Retirement funds are treated just like any other asset during a divorce. This means that any retirement funds a spouse acquires during the marriage are included in the marital state. Funds that were acquired before the marriage or after a legal separation are considered separate property. You do not have to share separate property, but it is very likely that your spouse is entitled to a share of any retirement funds acquired during the marriage.

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