Lavin & Parisi, Attorneys at Law

Crystal Lake Family Law And Estate Planning Blog

Prenuptial agreements can only include certain points

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A prenuptial agreement is a good financial tool for those planning to marry. There are many points that can be included in these contracts, but there are also some that can't be. It is imperative that you know the difference so that your prenup can't be invalidated later.

It is important to know what should't be included. For example, including any illegal clauses can get the entire agreement tossed out. You also can't include anything regarding child custody or child support as these matters are decided in the best interests of the children and can't be done in advance. Alimony waivers also typically can't be put into prenuptial agreements.

Is virtual visitation right for me in Illinois?

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If you've heard of virtual visitation, it's likely that you have thought about how it could fit into your life. Going through a child custody battle is never easy. Coming to an agreement on your own with the other parent can be very challenging, especially if you've never gotten along.

That's where the court will jump in and make a decision in the best interest of your child. If you can't be present in the same area as your child, you may need to explore many options.You may find yourself wondering, "is virtual visitation right for me?"

Explaining the duties of an executor of a trust

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Trusts are important legal documents that ensure a person's property, both real and financial, are taken care of upon their death or if they become incapacitated. If you know what a trust is, it's likely you know what the executor of a trust is too. This is a person who is chosen by the creator of the trust to handle the instructions of the trust when the time comes in Crystal Lake, Illinois.

You will be responsible for managing the assets that are named in the trust by the grantor if you are chosen as an executor. An executor can be the person who created the trust, the grantor's spouse, the grantor's adult child, the grantor's sibling or anyone else he or she deems appropriate for this important legal position.

Explaining shared custody to your children

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Going through a divorce can be very difficult for even couples that knew their marriage wasn't strong. It can be even more challenging when you add children to the mix. Whether you are divorced or simply had a child with someone, you will need to come to an agreement on child custody. Once the agreement is in place, you will need to explain it to your child, especially when it involves shared custody.

If you don't do any of the other tips in this post, make sure you follow this one: Remain positive. You need to highlight the positives of the arrangement and stay positive with your child at all times. This will be a big change for your children and it shouldn't be taken lightly. Speak highly of it and all the good that will come of it.

Why should I have a joint credit card with my spouse?

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Whether you are married or planning a wedding, there are quite a few important discussions you need to have with your significant other. One of those discussions should center around finances and the use of credit cards. Credit cards can get a lot of people in trouble with debt in a short period. The most commonly asked question is why should I have a joint credit card with my spouse?

It's important to know where your money is being spent at all times. That's why spouses should not have separate credit cards. When they do, it gives them the ability to buy whatever they choose and spend as much as they want without any responsibility. This is where things can get tricky if you ever get a divorce.

Making a decision on signing a prenuptial agreement

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Are you planning to propose? Did you recently get engaged? This is a big step in life that should be celebrated by you and all of your family and friends. Marriage is a great thing. You also need to realize that not all marriages last, even the ones that seem to be doing so well. That's why you need to consider signing a prenuptial agreement. Here's how to determine if signing a prenup is the right step in Crystal Lake.

An excellent way to determine if a prenuptial agreement is right for you when getting married is to ask yourself some of the following questions:

  • Do you own a business yourself or own part of a business?
  • Do you own any property?
  • Are you in possession of more than $50,000 in assets?
  • Do you have more than one year of retirement benefits?
  • Are you planning to attend school for an advanced degree?
  • Is your income more than $100,000 per year?
  • Do you enjoy profit sharing or stock options as employee benefits?
  • Does your estate name anyone other than your spouse as beneficiaries?

Choosing a guardian for your children in Illinois

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One of the most important parts of life is planning your estate. This aspect of life becomes even more critical when you have children. You don't want to risk having your children be placed in the custody of the state should you die unexpectedly before they become adults. Here are some important tips you should follow when choosing a guardian for your children in Illinois.

It's important to choose a guardian who knows your children. This can be a friend, family member or other person in your life. The person should be good with kids, comfortable around your children and have the room in his or her home for children to live with him or her should the time ever come.

What should I look for when choosing a power of attorney?

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As you move through life, there are very important milestones you will hit. You will graduate from college. You will get married. You will have children. You will buy a house. You will buy a car, or two or three. You might get divorced. You will have grandchildren. All of these milestones come with risks. They are even riskier if you don't have an estate plan in place that names a power of attorney.

You need to understand that the power of attorney named in your will and other estate documents will be someone responsible for carrying out your wishes. They could also be chosen to make medical and financial decisions for you in the event that you become ill or injured to the point where you are incapacitated.

Second-Parent Rights: it’s more than blood

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Same-sex marriages are now recognized nationwide, but with the right to marriage comes the right to divorce. Complex issues, such as property division and child custody, become more difficult for LGBTQ couples, and if not handled properly, the consequences weigh heavy on both parties.

One of the most difficult situations in same-sex divorce is child custody, especially when one or both parents are not biologically related to the child. It brings up the topic of second parent rights and how non-biological parents can remain in the child’s life.

How to make the exchange of child custody safe

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Having to share custody with the other parent of your children might not be the easiest thing to do in life. Even if you have a pretty good relationship with the other parent, you still don't want to have to give your children to the other parent for even just a weekend. The exchange of child custody in Crystal Lake must be done in a way that ensures the safety of not only your children, but also yourself. Here are some tips to make this happen.

If the situation between the two parents, or two people who have custody, is not the best, it is recommended that a noncontact exchange occurs. This can be done at the child's school. The one parent drops the child off on Friday morning and that afternoon, the other parent picks up the child. Then, on Monday morning, the parents switch roles. They never have to see each other using this exchange method.

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