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While not a pleasant thought, it is important to understand that there may come a point in life when you might be unable to make medical decisions for yourself.  If you were to become terminally ill or severely injured and are unable to speak for yourself, doctors and loved ones may be left with the responsibility of making medical decisions on your behalf.  A living will is one way to make your final wishes known.

What is a Living Will

A living will is a document that is prepared in advance as a directive to doctors or caregivers that details your wishes as they pertain to end-of-life medical care, in the event that you are unable to communicate them on your own.  It explains your desire for life-saving treatments and whether you want to be kept on life support or not, thereby relieving loved ones of making the decision for you.  This document is different from a standard will, and has no power after death.

What to Consider When Preparing a Living Will

Serious thought needs to be put into the preparation of a living will.  You need to think about which treatments you would want to extend your life, and if there are any circumstances in which you would not want life-saving procedures.  Decisions regarding being placed on a medical ventilator, as well as organ and tissue donation should be addressed in the document.

Creating a Living Will

A living will is only valid if it is prepared correctly according to specific state laws, therefore this important document should be prepared by an experienced attorney, like those at Churchill, Quinn, Richtman & Hamilton, Ltd.  We will help guide you through the process of making the necessary thoughtful, informed decisions that this document requires.  Contact us at 847-223-1500 for more information.

Referenced article here

Small businesses often need to rely on loans to get started or to cover daily expenses such as inventory, rent or payroll while working to take the company to the next level.  While a small business loan may be necessary to grow and expand a business, they are not always easy to obtain.  Here are a few things a business owner can do to improve the likelihood of an approval.

Be Well-Prepared Before Starting the Application Process

In order to make a good impression in the eyes of a lender, it is best to be fully prepared when applying for a small business loan.   Make sure your records are organized so if a bank requests a piece of information, you can provide it in a timely manner.  Check your credit score before applying so you can correct any credit errors and maximize your credit score before a bank requests the report.  It is also a good idea to do your research on the various loans available to make sure you understand the criteria for such factors as credit score, business duration or annual revenue.

Have a Specific Plan

Regardless of a lender’s criteria, you should first meet with your financial advisor to determine exactly how large of a loan you need, and how large of a payment you can handle, even if you might qualify for more.  You will also need a detailed plan for how you will use the money if you want a bank or investor to consider a loan.  Some typically acceptable ways to use a small business loan would include inventory purchase, business expansion, administrative expenses and capital investment.

Use a Qualified Attorney

Before entering a legally binding contract that could have a serious impact on your business, you should always consult with an attorney who has experience in business law.  They can help educate you on the best loan options available as well as assist and advise you throughout the entire application and closing process.  The attorneys at Churchill, Quinn, Richtman & Hamilton, Ltd. have years of business law experience that will be an invaluable resource in obtaining your small business loan.  Contact us at 847-223-1500 to learn more.

Referenced article here

 

A court-appointed guardian is someone who has been granted authority by a court to care for and take responsibility for making decisions for another person.  A guardianship may be granted if a court finds that the person is legally incapacitated or in some way unable to provide for his or her necessities in life.  There are different circumstances for appointing a guardianship, based on whether the person is an adult or a minor.

Guardianship for Adults

Many older adults have long periods toward the end of their life when they’re not able to make decisions for themselves.  This could be because of a physical incapacity, mental deterioration, mental illness, or a developmental disability.  Guardianship may be appointed in order to help make decisions regarding his or her care or to assist in managing his or her financial affairs.  It is not always easy for a judge to determine if a person is capable of making their own decisions, or to decide who the best choice is to be the guardian.  An experienced attorney, like those at Churchill, Quinn, Richtman & Hamilton, Ltd will help guide you through the process and will keep you informed of all the necessary legal steps that must be taken to ensure a successful outcome.

Guardianship for Minors

The care of a minor is typically the responsibility of the parents.  However, if the parents pass away, or are unable or unwilling to care for a child due to factors such as drug use, mental illness or poverty, a guardian may be appointed by a court in order to ensure proper care for the child.  When guardianship is obtained, legal custody is transferred and the guardian becomes responsible for making personal decisions for the minor, obtaining necessary medical and dental care and enrolling them in school.  If both parents do not voluntarily agree to the guardianship, the legal process becomes much more difficult.

The process of obtaining guardianship can be lengthy and quite complex, involving the completion of many legal forms as well as appearances at court hearings.  For all of this, you will need the help of an attorney with guardianship experience.  The attorneys at Churchill, Quinn, Richtman & Hamilton, Ltd are extremely knowledgeable in guardianship matters for both adults and minors, and our extensive experience and background extends to every facet of the process.  Contact us at 847-223-1500 for more information or to schedule an appointment.

Referenced articles here and here

If you find yourself in a situation in which you require legal representation, you want to be assured that you have the best attorney by your side.  Seemingly straightforward cases may not actually turn out that way once you get to court, and more complex cases that involve a longer process may be difficult to impossible to navigate alone.  Working with a qualified attorney can make all the difference in your legal success, and these factors can help you determine which attorney is right for you.

Experience

When choosing an attorney, consider the amount of experience they have, as well as the specific types of law they practice.  Whether you need representation in court, or assistance in appealing property taxes, make sure your attorney has the knowledge to take on the task successfully.  Churchill, Quinn, Richtman & Hamilton, Ltd specializes in several different areas of law, including litigation, real estate, estate planning and business law, which allows us the opportunity to serve a wide range of client needs.

Size of the Firm

Larger is not always better when it comes to a law firm.  Large firms may have the manpower and resources to take on more cases, but you may end up losing personal, prompt attention.  At Churchill, Quinn, Richtman & Hamilton, Ltd., we have been on the same street corner for over 100 years and we proudly combine large firm experience with the atmosphere of a smaller practice.  We consistently provide high-caliber legal services, while treating our clients with honesty and respect.

Comfort Level

You should always feel comfortable in the presence of your attorney.  It is imperative that you are able to ask any questions you may have, and that you have trust in the answers you receive.  Establishing this comfortable relationship and open communication will allow you to share all of the important information that your attorney needs in order to properly represent you and prepare for your case.

At Churchill, Quinn, Richtman & Hamilton, we have worked hard to earn the trust and respect of our community.  Contact us at 847-223-1500 or visit dev-cqrh.pantheonsite.io for more information.

Referenced article here

If you own, or are thinking of purchasing, a piece of land and you want to build a new structure on that land, you must understand zoning laws and how they affect what you are legally allowed to do with it.

The Basics of Zoning

Zoning is the legal process of dividing land into zones for different uses.  Zoning laws regulate the land and any structures located or built on it, and they exist to protect the health, safety and general welfare of people in regards to the land.  Zones are established in order to determine the most appropriate uses for land, keeping in mind the best interests of citizens, while also allowing for development of cities and infrastructure.

Zoning Changes

If the property in question has already been zoned (as commercial, residential, or agricultural, for example), but building on it would not comply with the rules set forth for that classification, a legal zoning change must be approved.  For example, purchasing farmland that is zoned as agricultural with the intention of building a new housing subdivision would require rezoning to residential use.  Zoning changes require governmental approval, which can be a difficult process.  A qualified attorney, like those at Churchill, Quinn, Richtman & Hamilton, can assist in thoroughly preparing your case to present to the planning and zoning board, likely improving your chances of approval.

What is Required for a Zoning Change Approval

Zoning committees put a lot of thought into how properties are zoned and they have the best interest of the community in mind.  When considering a zoning change, they typically look at how it will affect the surrounding area and its citizens.  Factors such as the amount of new traffic that would be created, the aesthetic component and expected tax revenue could all be considered.  Public opinion can also play a big role in the approval process, with groups such as homeowners associations, school boards, parent groups and others all contributing their input to the decision.

Completion of required documents, committee presentations and community acceptance are just some of the many hurdles that need to be overcome in order to successfully be granted a zoning change.  At Churchill, Quinn, Richtman & Hamilton, we can provide our knowledge and experience with successful zoning appeals to help you succeed in advancing your project.  Contact us at 847-223-1500 for more information.

Referenced articles HERE and HERE

Defending yourself in court is not where most people want to end up, and having a judge rule against you is never the desired outcome.  However, a judge’s decision does not always have to be final, and there are sometimes ways to challenge the decision and try to obtain a ruling in your favor.  This appeal process is often lengthy and complex, and the best chance you have of winning is to have a qualified attorney by your side.

What is an Appeal

If you lose a case or are unhappy with part of a decision made by a lower court, an appeal is a request for a higher court to review the case and reverse the decision.  The higher court will not give you a new trial – they will just look at the evidence that was already presented and determine if any mistakes were made during the original trial.

You cannot file an appeal just because you don’t like the verdict, however.  Acceptable reasons for appeal include:

• Evidence in the case that did not support the verdict
• An unfair trial
• Legal errors made by the judge

What the Court Can Decide

After the appellate court judges have completed their review, they can make the following decisions:

• Affirm – The court agrees with and upholds the decision of the lower court
• Reverse – The court disagrees with the lower court’s decision, and the appeal is won
• Remand – The court sends the case back to the lower court to consider new evidence or hold a new trial
• Reverse and Remand – The court disagrees with what happened in the lower court and sends it back to be corrected

Why a Good Attorney is So Important

The process of appealing a case is very complicated and there are many specific rules that need to be followed.  There are numerous legal documents that need to be prepared and filed along the way, and a mistake on any of them can get the case dismissed.  The better prepared your attorney is, and the more experience they have with avoiding critical errors by applying the right strategies throughout the process, the more likely your chance is of winning your appeal.

Contact Churchill, Quinn, Richtman & Hamilton, Ltd. at 847-223-1500 to speak to one of our knowledgeable attorneys who can explain how to successfully navigate the appeal process.

Referenced articles HERE and HERE

The annual tree lighting event in downtown Grayslake is the perfect occasion to take part in the TOYS FOR TOTS toy collection campaign and help bring JOY to a child in need this holiday season!

It is also the perfect time to THANK a Marine for his service, as we will have the honor of two Marines joining us to help make our campaign successful.

Churchill, Quinn, Richtman & Hamilton, Ltd. will open their doors at 2 S. Whitney Street during the event on November 23, 2018 from 4:30pm until 7:00pm so you can bring in your new / unwrapped toy.  Or if you do not have a toy, but would still like to contribute, cash donations are always welcomed!  There will be cookies and hot chocolate provided to all those who donate. This is truly a wonderful opportunity to help give hope to less fortunate kids on Christmas through this time-honored foundation.

Be sure to take part in all of the festivities happening at this event.  Watch as Santa himself lights up the tree at Whitney & Center Street!  You can visit with Santa at the Grayslake Oasis before or after the tree lighting, then enjoy some arts & crafts, holiday movies, sleigh rides and more.

For questions about the Toys For Tots toy collection, please call Churchill, Quinn, Richtman & Hamilton, Ltd. at 847-223-1500.

 

For more details on the event, visit http://business.grayslakechamber.com/events/details/tree-lighting-festival-holiday-market-696

For information on the Marine Toys For Tots program: https://www.toysfortots.org/

Many people prepare wills that determine how their wealth will be distributed among their heirs after they pass, but what is the best way to pass along assets to your kids while still living, and avoid possible penalties that might accompany such gifting?  Here are some ways to transfer wealth to your family in the form of gifts.

Help With Education and Medical Expenses

You can gift money to grandchildren and other family members by contributing to a 529 college savings plan account, which can be used for qualified education expenses.  Or you may also make direct tuition payments to an educational organization on behalf of your family member and it would not be treated as a taxable gift.  Likewise, medical expenses are also not subject to the annual gifting limit when paid directly to the provider, and helping to cover these expenses can do a lot to ease someone’s financial burden.

Fund Retirement Accounts For Children

Give your children or grandchildren a head start on savings by making contributions to a retirement account for them, and you can start as soon as they have taxable earned income.

Fund an Irrevocable Gifting Trust

Instead of an outright gift, these accounts allow you to gift money to your kids in trust, with instructions to the trustee on how the gift may be used to the child’s benefit.  This is a good option for a minor child, or for an adult child that cannot responsibly handle a large sum of money on their own.

Give Gifts Up to the Annual Gift Tax Exclusion Threshold

If you have enough resources to live comfortably, consider gifting the maximum amount to your heirs now, rather than waiting until you are gone.  Gifting annually up to the maximum threshold can make a huge impact on the quality of life of your heirs, allowing them to pay off debt, start a business, or better plan for their futures.

Whatever gifting option you choose, always talk to your attorney first as there are always limitations to each option as well as possible tax implications you might need to be made aware of.  The attorneys at Churchill, Quinn, Richtman & Hamilton have extensive experience protecting and preserving clients’ wealth for their current needs, as well as for their heirs.  Contact us at 847-223-1500 to discuss your best options for protecting and distributing your wealth.

Full referenced articles HERE and HERE

Bringing the Magic of Christmas to Kids in Need

Churchill, Quinn, Richtman & Hamilton is proud to announce that we will serve as a drop-off location for Toys For Tots during this holiday season.  From now until December 15^th, 2018 we will be accepting donations of new/unwrapped toys at our office, located at 2 S. Whitney Street in Grayslake, during the hours of 8:30am – 5:00pm, Monday through Friday.

Toys For Tots Mission

The mission of The Marine Toys For Tots Foundation is to help bring the joy of Christmas and send a message of hope to America’s less fortunate children, by providing the gift of a new toy.  This goal is accomplished through the support of local collection sites, and we are honored to have been chosen to represent this incredible charity.

The success of this program depends on the generosity of our community, and we are asking our friends and neighbors to please consider donating to this worthy cause.  Because every child deserves a little Christmas.

Please call our office at 847-223-1500 for more information.

For more information on the Marine Toys For Tots program: https://www.toysfortots.org/

Put on your best costume and hurry over to downtown Grayslake on Saturday, October 27th from 11:00am – 1:00pm for some Halloween trick-or-treating family fun!  Churchill, Quinn, Richtman & Hamilton is happy to be participating in this great annual event that allows kids a fun and SAFE way to get some treats from local businesses around town.  Watch for the orange pumpkin signs in the windows to see who has the goodies to hand out.

We look forward to seeing all the fun costumes and happy faces!

For more information: http://business.grayslakechamber.com/events/details/business-trick-or-treat-695

Your family business is your pride and joy, and you have undoubtedly invested a great deal of money, time, and energy into creating a successful company with the intention of passing it on to your relatives when you retire.  There are many challenges that can arise that can put your plan at risk (such as family disagreements or taxes), but these suggestions can help you create a viable succession plan to pass the business on to the next generation.

Look At the Current Structure of the Business

If the family business is currently classified as a Sole Proprietorship or Partnership, only the assets of the business can be passed on – not the business itself.  Forming a corporation will circumvent this issue and allow the business to continue operating after its sale.

Establish Goals and Objectives

It is never too early to start planning for the future, and the more detailed objectives you have, the smoother the eventual transition will be.  Think about what direction you want the company to move in and which people are most able to achieve those goals.  Always try to involve your family in this process and maintain an open dialogue among those family members who are involved.

Make the Best Decisions For the Company

Don’t forget that this is a business.  You must objectively look at which family members are capable of taking on specific roles, and know that not everyone will get an equal share.  There are many arrangements that can be made that will allow non-managerial family members to benefit from the business and your attorney will help devise the best plan for your individual situation.

So much goes into the successful transition of your business.  You want what is best for your family and for the transition to be as easy as possible.  An experienced attorney, like those at Churchill, Quinn, Richtman & Hamilton, can provide essential advice on company structure, planning strategies at all stages of the company, plus many more valuable options that can help the company thrive from one generation to the next.  Call us at 847-223-1500 or visit dev-cqrh.pantheonsite.io for more information.

Full referenced article HERE

For small businesses, every penny counts, and even a small bill left unpaid by a customer can make a big difference in your bottom line.  For some customers, a missed payment might be a simple oversight and a quick reminder may do the trick.  But for others, it might take a bit more work.  As frustrating as debt collection can be, it is possible to recover payment on past due invoices.  Here are some tips for keeping the bills paid and collecting on those that are late.

Begin With a Detailed Credit and Invoicing Process

Make sure you have a clearly laid out credit policy and that customers are fully aware of the terms and conditions.  Invoices should be detailed with amount due, payment due date and terms, description of the transaction and company address and contact details.  The quality of the invoice has a big impact on whether a payment will be made.

Keep Current Records of Customer Payment Histories

A customer that has a history of paying on time should be much easier to collect from should they miss an occasional payment.  Those who regularly miss payments may need a more aggressive approach.  It is wise to require upfront payment from customers who are currently or habitually late.

Keep Detailed Records When Attempting to Collect a Past Due Payment

Take thorough notes every time you speak to the customer or send any type of correspondence about money owed.  This could be very helpful for your defense if it were to escalate to a legal proceeding.   Successful debt collection can take time to master, but maintaining a calm demeanor and keeping your contact attempts to a reasonable, non-harassing limit can often lead to a favorable outcome.

No matter who the client is or how much they owe, it is your right to collect that debt.  Each situation should be looked at individually to determine the best course of action.  When legal assistance is needed, Churchill, Quinn, Richtman & Hamilton can provide their years of debt collection expertise to help you understand your rights and legal options, and collect the moneys owed to you.  Contact us at 847-223-1500 to speak to one of our highly qualified attorneys.

Full referenced articles HERE and HERE

When entering into a transaction with another party for goods or services, it is always in the best interest of both parties to execute a signed contract, detailing the terms of the agreement.  However, this does not always guarantee a favorable end result, as there are a number of ways that a breach of contract may occur.

What is a Breach of Contract

When two or more parties have entered into a contract, each party promises to perform a certain duty or pay a certain amount.  A breach of contract occurs when one party does not fulfill their obligation according to the terms of the contract.  The remaining parties must then decide whether to accept it and move on or bring legal action to find a resolution.

Types of Breaches

A breach of contract can be classified in several different ways and damages would be based on the severity of the breach.  Failure to perform a nonessential condition of a contract would be considered minor, while more significant damages can be awarded for substantial violations, including the right to terminate the contract.

Types of Damages That Can Be Awarded

Typically, the amount of monetary damages awarded is the amount that it would take to make the aggrieved party whole, such as the actual value of the goods or services that were supposed to be provided.  A court could also force the breaching party to complete the service or deliver the goods that were promised in the contract.  If the breach was particularly heinous, a judge could award punitive damages, an additional monetary sum meant to punish the offender.  An experienced attorney, like those at Churchill, Quinn, Richtman & Hamilton, can help determine what type of damages you would likely receive.

When to Consult an Attorney

The first step in resolving a contract dispute is to notify the party in breach of the contract and give them the opportunity to resolve it.  If this does not result in an appropriate response, speaking with an attorney is often the best course of action.

Contract law is very complex.  Resolving disputes can be intricate and complicated, often involving a vast number of variables that may affect the outcome of a lawsuit.  The attorneys at Churchill, Quinn, Richtman & Hamilton have a precise understanding of the law and have successfully litigated all sizes of contract disputes.  Contact us at 847-223-1500 or visit dev-cqrh.pantheonsite.io for more information.

Full referenced articles HERE and HERE

Thank you so much to @GrayslakeCentral High School for the beautiful Homecoming window decorations!  You all did a fantastic job and have truly brightened up our office.  Have a great Homecoming – Go Rams!  #GCHS #homecomingweek #CQRH

A landlord’s perfect scenario is renting to someone who is quiet, respectful of their property and pays the rent on time every month.  Likewise, a renter expects a safe, well-maintained property in exchange for rents paid.  But when a landlord feels that the tenant does not abide by the rules set forth in their rental agreement, there is a specific eviction process that must be followed in order to remove them from the property.

Give Notice

This is the renter’s home and they cannot be told to move without warning.  A landlord must give written notice to the renter and allow them the opportunity to respond to the claims.  The three basic types of eviction notices are:

1. Pay Rent or Quit – gives the tenant a few days to pay past-due rent or “quit” the lease
2. Cure or Quit – allows the tenant to fix the problem (such as a pet or other violation) or quit the lease
3. Unconditional Quit – requires the tenant to leave the premises or quit the lease without any opportunity to correct a problem or get current on rent

Tenant Might Not Leave

Even if served an eviction notice, a tenant may feel that the landlord is the one at fault, and therefore they have a right to remain in the property.  The tenant’s defense could include factors such as the landlord not providing proper notice, poor maintenance of the rental property, retaliation for the tenant reporting code violations or discrimination in violation of the Fair Housing Act.

Legal Intervention

When a tenant refuses to abide by the terms of an eviction notice, legal action is required to resolve the dispute and ensure that the terms of the lease are being followed.  Churchill, Quinn, Richtman & Hamilton can represent both landlords and tenants throughout the legal proceedings, from preparing and filing the proper documents through litigation, if necessary.  Contact us at 847-223-1500 to speak to one of our knowledgeable attorneys or visit dev-cqrh.pantheonsite.io for more information.

Full referenced article HERE

We recently had nine tax appeal cases in one day and WON every case.  EVERY client was granted a reduction.  That’s what we call a successful day.

Need help getting rising property taxes lowered?  We work hard for each and every one of our clients and it shows in our results.  Experience, integrity, knowledge, diligence – those are the reasons our clients trust us to advocate on their behalf.  One successful day after another for 100 years and going strong.

Call Churchill, Quinn, Richtman & Hamilton at 847-223-1500 for dedicated assistance in an extensive range of legal areas.

For more info:

https://grayslakelaw.com/practice-areas/real-estate/