Author: Tami Wloch

Selling a home “For Sale By Owner” (FSBO) can seem like a fantastic way to save on real estate commissions. However, FSBO transactions have their own legal complexities that can lead to costly mistakes and even lawsuits. While the potential savings are tempting, it’s important to understand the possible downfalls as well as how to protect yourself throughout the process.

The Allure and the Risks of FSBO

The primary draw of FSBO is, of course, the financial benefit. By cutting out real estate agents, sellers hope to keep a larger portion of the commission. It’s a great idea, but it does come with a trade-off: you become responsible for every aspect of the transaction, including the legal ones. Here are some of the key legal risks associated with FSBO:

• Contract Errors – Real estate contracts are complex legal documents. A single error or omission when drafting the contract can lead to disputes, delays, or even a cancelled sale.
• Disclosure Issues – Sellers are legally obligated to disclose any known material defects about the property. Failure to do so can result in lawsuits for misrepresentation or fraud. Knowing what constitutes a “material defect” can be tricky, and ignorance isn’t a valid defense.
• Title Problems – A clear title is essential for a smooth transaction. Undiscovered liens, easements, or other title defects can delay or jeopardize the sale.
• Negotiation Issues – Negotiating directly with buyers can be difficult, as emotions can often get in the way. Without an objective real estate agent, sellers may make concessions they later regret, or fail to secure the best possible price.
• Escrow and Closing Complications – Managing escrow accounts and navigating the closing process can be overwhelming. Making a mistake during one of these critical steps can lead to financial losses and legal headaches.
• Fair Housing Laws – Sellers must adhere to federal and state fair housing laws, which prohibit discrimination based on protected characteristics. Violations, even if they are unintentional, can result in serious legal consequences.

Working with our Attorneys to Protect your FSBO Transaction

While you might be tempted to handle everything yourself, working with one of our experienced  real estate attorneys is a wise decision that can significantly reduce the risks associated with a FSBO transaction. Here’s how we can help:

• Drafting and Reviewing the Contract – We can draft a legally sound contract that protects your interests and includes all necessary provisions. We can also review any buyer-proposed contracts to identify potential red flags.
• Disclosure Guidance – Our team can explain your legal obligations when it comes to disclosures, as well as help prepare accurate and comprehensive disclosure statements, which can minimize the risk of future lawsuits.
• Title Examination – Our attorneys can conduct a thorough title search to identify any potential title defects and help you resolve them before closing.
• Negotiation Support – We can provide valuable advice on negotiation strategies and help you understand the legal implications of different offers.
• Escrow and Closing Assistance – We will guide you through the escrow and closing process, ensuring that all documents are properly prepared and executed. We can also help resolve any last-minute issues that may (and often do) arise.
• Legal Representation – If a dispute arises, having one of our expert attorneys by your side is essential to represent your interests and protect your rights.

 FSBO can be a successful strategy, but it’s essential to approach it with caution and a thorough understanding of the possible legal implications. Working with one of our real estate attorneys is a way to take a proactive step to protect yourself, minimize the risks, and increase your chances of a smooth and successful sale. Reach out for a consultation by calling 847-223-1500.

 

Habitat for Humanity provides essential support for communities and truly makes a difference in the lives of those it helps. On March 16, 2025, Mark Van Donselaar, one of the partners at Churchill, Quinn, Hamilton & Van Donselaar, Ltd., as well as a former Lake County Habitat for Humanity board member, was able to take part in a local ground breaking ceremony for a new Habitat for Humanity home. We are proud and appreciative of the work he put in to help make this project a success.

Habitat for Humanity Mission

Lake-McHenry Habitat for Humanity is dedicated to enhancing lives and communities by providing affordable homeownership and critical home repairs in Lake and McHenry counties. Through their homeownership program, they partner with individuals and families in need to provide them the opportunity to own affordable homes. Additionally, their neighborhood revitalization program provides critical home repairs to help homeowners maintain their properties. And for an alternative way to support the program, they operate ReStores which sell donated building materials, appliances, and furniture, with proceeds going to support Habitat’s mission.

Community Involvement is Essential

The Habitat for Humanity program relies on volunteers and community participation and assistance in order to accomplish its important goals. For this recent project, Mark played a vital role in securing a generous donation from the estate of Terry and Donna King that provided the funds necessary for construction of the home. It is a prime example of the amazing things that can be accomplished when the community works together towards one common goal.

Learn more about Lake-McHenry Habitat for Humanity and explore the many opportunities for individuals and organizations to support their mission here: https://habitatlmc.org/

Churchill, Quinn, Hamilton & Van Donselaar, Ltd is your Source for Legal Assistance in the Grayslake Area

At Churchill, Quinn, Hamilton & Van Donselaar, Ltd, we understand the importance of supporting our local community and we do our best to contribute as often as possible. For over 125 years, we have been an integral part of the Grayslake community, offering honest and reliable legal support. We offer our business clients assistance with important issues such as business formation, mergers & acquisitions, financing, succession planning, workplace policies, litigation and more. Individuals benefit from our deep expertise in residential and commercial real estate transactions, insurance disputes, landlord-tenant disputes, extensive estate planning services plus competent representation for a wide range of litigation cases. Learn more about our professional areas of practice HERE and see why we continue to remain one of the area’s most trusted legal sources, or reach out to 847-223-1500 to schedule a consultation.

Starting a business is exciting. And watching it grow is even better! But, as your growing business keeps expanding, so do the legal challenges. If you’re not prepared, those challenges can cost you time, money, and maybe even your business. That’s why having an experienced attorney in your corner is a smart move. Here are some of the biggest legal issues growing businesses face—and why you shouldn’t tackle them alone.

Business Contracts

As the business expands, contracts can start to become more complex. Agreements with suppliers, distributors, and strategic partners must clearly define the rights and obligations of all parties. A poorly written agreement could leave you stuck in a bad deal or even facing a lawsuit, so always consult an attorney for guidance.

Business Structure

When the business began, you might have started as a sole proprietorship. But as you grow, that might not be the best fit anymore. Expanding, bringing in investors, or planning for the future may require a shift to an LLC or corporation. Changing the business structure of a growing business can separate your business assets from your personal assets and provide protection from personal liability. Additionally, changing the entity type can help to improve your tax burden or make the business more attractive to investors.

Expanding your Workforce

A growing business typically requires the addition of new employees to handle the increase in responsibilities. However, hiring employees brings a whole new set of legal considerations. You need to comply with federal and state labor laws regarding wages, hours, benefits, anti-discrimination, workplace safety, and more. As your team expands, so does the potential for employment-related disputes. Properly-drafted employee handbooks, clear policies, and consistent practices are essential.

Dispute Resolution

Unfortunately, even with the best planning, disputes can arise. Whether it’s a breach of contract, a customer complaint, or a partnership disagreement, it is essential to have a strategy in place for resolving disputes efficiently and effectively. Litigation can be costly and time-consuming, so it is also a smart strategy to explore alternative dispute resolution methods like mediation or arbitration before heading to court.

Mergers and Acquisitions

Business growth often involves exploring opportunities like mergers, acquisitions, or outside investment. These transactions are complex with specific legal requirements to meet and procedures to follow. Our team can guide you through the process, ensuring that you understand the risks and rewards involved in order to make the best decisions for your company.

Experienced Support for your Growing Business

Perhaps the most important way you can protect your growing business is to work with an experienced attorney who can help protect your interests at every step. It is not easy to expand a business, and it just gets more difficult when legal issues arise. The attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd will help identify possible legal risks, negotiate expanding contracts, ensure compliance with changing laws and regulations, and defend you against legal claims.

Don’t wait until a problem arises to seek legal advice. Working with our team throughout your business growth journey will make the process go more smoothly and will help to avoid potential disputes before they cost you time and money. Contact us at 847-223-1500 to schedule a consultation.

A well-drafted construction contract is the foundation of a successful project because it protects all parties involved from potential legal disputes and financial risks. In fact, without proper legal guidance, even minor contract oversights can result in costly litigation, project delays, and financial losses. Here are the key legal concerns to consider when drafting a construction contract and why working with an experienced attorney is crucial.

Scope of Work and Responsibilities

One of the most important components of a construction contract is defining the scope of work. This includes aspects such as project expectations, materials and responsibilities. Clearly outlining the scope of work in the contract prevents misunderstandings and disputes as the project progresses. When the contract is vague or incomplete, disagreements can arise over what was originally agreed upon, and the contract then becomes difficult to enforce.

Timelines and Delays

Construction projects often experience delays, some of which are unavoidable. The contract must establish realistic timelines, define what constitutes a delay (such as weather, material shortages or other stated reasons), and determine who is responsible for those delays. Force majeure clauses, which address unforeseen events beyond either party’s control, are also critical.

Payment Terms and Schedule

Disputes over payments are common in construction projects. Therefore, a well-drafted construction contract should provide as many details as possible, including:

• A detailed payment schedule
• A clearly-defined retainage clause
• Specific terms for costs associated with requested changes throughout the project
• Procedures for handling non-payment or late payments

Change Orders and Modifications

Construction projects often involve changes due to unforeseen circumstances. To account for this, a construction contract should include clear procedures for handling any modifications, including any documentation that would be necessary as well as cost adjustments that would apply.

Liability and Risk

It is important to clarify in the construction contract who is responsible for damages, delays, or defects. Indemnification clauses, insurance requirements, and liability limitations should all be clearly outlined up front. Our attorneys are familiar with industry standards and can help to ensure that any risk is fairly distributed among the parties involved.

Dispute Resolution

Unfortunately, even with a well-drafted contract, disputes can arise. That is why it is essential to include components such as mediation, arbitration, and litigation clauses. These provide a structured process for resolving conflicts without a lengthy and expensive court battle. When we draft a construction contract, we make sure to include a dispute resolution process that is fair and enforceable and protects your interests.

Termination and Breach of Contract Provisions

The contract should outline the conditions under which the contract can be terminated by either party, including procedures for notice and payment for work completed. A clear termination clause can help protect your interests in the event of a breach of contract.

Our Experienced Attorneys Help Ensure a Thorough Construction Contract

Construction projects must comply with local, state, and federal regulations, including zoning laws, building codes, and environmental requirements. The experienced attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd will draft your construction contract to meet all legal requirements, in order to avoid costly penalties or project shutdowns.

When you work with our team, we ensure that your contract is comprehensive, legally sound, and tailored to your specific project. We will protect your interests by:

• Identifying and mitigating potential risks
• Ensuring compliance with industry regulations
• Helping to protect against financial losses and disputes
• Customizing contract provisions according to your project specifications

Attempting to draft or negotiate a construction contract without legal guidance can lead to costly mistakes. By working with one of our knowledgeable attorneys, you can safeguard your project, minimize disputes, and set the stage for a successful construction venture. For additional information or to schedule an appointment to meet with a member of our team, contact us at 847-223-1500.

Losing a loved one is always a difficult time. However, the grief can be compounded when you believe that their will is invalid or unfairly distributes their assets. If you are considering contesting a will, it’s essential to understand the process, your legal rights, and why partnering with one of our skilled probate attorneys is critical to navigating this sensitive matter effectively.

Understanding the Grounds for Contesting a Will

A will cannot be challenged simply because someone disagrees with its terms. Contesting a will requires valid legal grounds, which may include:

• Lack of Testamentary Capacity – This means that the person who created the will (the testator) was not mentally capable of doing so. An individual must be of sound mind to execute or alter a will. Generally, that means the person must understand the nature of what he or she is doing in creating the will and the consequences thereof. Therefore, if there is evidence that they lacked mental capacity, the will could be deemed invalid.
• Undue Influence – This refers to cases where someone has exerted inappropriate or excessive pressure upon a person to include certain terms in their last will and testament. It could be from an unscrupulous family member or even a caretaker who is looking to secure an inheritance by convincing the testator to change the terms to their benefit. Although it can be difficult to prove, it is a common basis for contesting a will.
• Fraud or Forgery – When it comes to contesting a will, fraud can come in different forms. It could mean the forgery of the testator’s signature or that of one of the witnesses. Pages in the will could be missing or swapped out for new ones. Fraud could also mean that the testator was lied to or key facts were misrepresented to him or her, or they were deceived into signing a document they believed to be something other than their will. Any of these situations would be grounds for legal action.
• Improper Execution – For a will to be valid, it must comply with state-specific legal requirements. For example, a person creating a will in Illinois must be at least 18 years old and of sound mind and memory. Additionally, the will must be in writing and signed by the testator in the presence of 2 witnesses, which may not include any beneficiaries. A failure to meet these formalities could render the will invalid.

The Role of a Probate Attorney in Contesting a Will

Contesting a will is a complex legal process with strict deadlines and procedural requirements. The experienced probate attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd. can:

• Assess the Validity of Your Claim – We will carefully review the will and gather evidence to determine if you have a valid basis for contesting it.
• Guide You Through the Legal Process – There is a lot to take on during this process, so we will handle all the necessary legal filings, including the petition to contest the will, and will represent you in court.
• Gather and Present Evidence – In order to support your claim, we will gather and present appropriate evidence, such as medical records, witness testimony, or financial documents.
• Negotiate a Settlement – If possible, we will try to negotiate a settlement with the other beneficiaries in order to avoid the time and stress of a lengthy court battle.
• Protect Your Rights – Most importantly, we will ensure your rights are protected throughout the entire legal process.

Contact Us for Information

If you believe a will may be invalid, it’s crucial to act quickly. There are deadlines for contesting a will, and waiting too long can jeopardize your claim. If you have questions about the process, we can help you understand your options and determine the best course of action for your situation. Please contact our office at 847-223-1500 to schedule a consultation.

Bob Churchill and his family have a long history in the Village of Grayslake, so he has a lot to share. In the first part of his interview on the Discovering Grayslake Podcast, we got to learn what it was like to watch Grayslake evolve from a charming small town into the vibrant, expanding village it is today. As he continues his story in this second half of the interview, Bob goes on to discuss how his own law firm has continued to grow and add new attorneys and staff in order to serve the Grayslake community, by providing important legal services in a variety of areas such as real estate, probate, civil litigation, business law and appellate work.

Link to full podcast below

Interview Highlights

Through his previous stories we learn that although Grayslake has grown since the law firm’s beginnings, it has retained its charm. Likewise, Churchill, Quinn, Hamilton and Van Donselaar, Ltd has grown within the community while remaining an integral part of its support system, providing important legal services for individuals and businesses in the surrounding areas.

This upbeat interview is both entertaining and informative, as Bob shares with listeners the many ways his firm can offer legal protection, while also providing valuable advice for new business startups as well as parents with college students. Additionally, listeners hear of his astonishing opportunity to see his firm present and win a case in front of the United States Supreme Court, including the intense preparations involved in achieving that accomplishment.

Along the way, the interview also allows Bob to share some interesting and humorous stories of cases he’s taken on as well as a few unbelievable personal tales that involve kicking back with the actual Blues Brothers during filming, an exhilarating running-with-the-bulls experience in Spain, a chilling interaction with wild lions on safari, plus many more adventures. Finally, he wraps up his interview by sharing some of his proudest accomplishments in improving the lives of those living in the area.

 

Listen to the Entire Podcast Interview HERE: https://www.youtube.com/watch?v=hRswxORrDk4 

 

Churchill, Quinn, Hamilton & Van Donselaar, Ltd is a Foundation of Grayslake

Throughout the podcast interview, Bob makes it clear that he and his fellow attorneys can provide legal guidance in a number of practice areas. The team is diverse in their knowledge and experience, which means they are able to provide assistance in a wide variety of situations. This might be to a community member who is in a contract dispute with another individual or business, a landlord who needs help understanding his rights with the eviction process, a family who is looking for a comprehensive estate plan to protect their loved ones, or a corporation who is brokering a multi-million-dollar commercial real estate transaction. The firm has been a staple of the Grayslake community for 122 years and values the trust and strong reputation that has been established. Reach out to 847-223-1500 for additional information or to schedule an appointment to speak with an attorney.

 

If you missed Part 1 of the podcast, you can listen here: https://www.youtube.com/watch?v=u-WhzyrPg9M

 

The beginning of a new year is the perfect time to review company procedures and to refresh and realign your business practices. One important, yet often overlooked, task for employers is reviewing the company’s employee handbook. A well-maintained handbook not only sets the tone for your workplace culture but also serves as a vital legal tool to protect your business. Here’s why reviewing your handbook now is essential, key issues that should be addressed within, and how our experienced attorneys can help ensure the handbook provides protection against potential legal claims.

Why Review Employee Handbooks Annually?

Employee handbooks should evolve with changes in laws, workplace trends, and your business operations. Regular updates can ensure that your policies remain compliant with federal, state, and local employment laws while addressing the unique needs of your workforce. Key benefits of an annual review include:

• Ensuring Legal Compliance – Employment laws frequently change, and staying up-to-date can help avoid costly litigation.
• Establishing Clear Workplace Policies – Updated policies reduce confusion, thereby enhancing employee satisfaction and productivity.
• Limiting Risk – A current handbook safeguards your business against claims of discrimination, harassment, and other workplace disputes.

Key Issues to Address in Your Handbook

A comprehensive employee handbook should address several essential issues, with detailed explanations of company policies and expectations of employees. Some of the most important issues would include:

• Anti-Harassment and Anti-Discrimination Policies
• Remote Work Guidelines
• Leave Policies
• Technology Use and Social Media Policies
• Health and Safety Protocols
• Appropriate employee conduct
• Data privacy

Non-Compete and Non-Disclosure Agreements

While non-compete and non-disclosure agreements (NDAs) often exist outside the handbook, their terms should be referenced and reinforced within it. Here’s why these agreements are crucial:

• Protect Proprietary Information – NDAs prevent employees from sharing sensitive business data, trade secrets, or intellectual property with competitors.
• Safeguard Client Relationships – Non-compete clauses ensure employees cannot exploit their position to poach clients or colleagues after leaving.
• Strengthen Employer-Employee Understanding – Including language about these agreements in the handbook clarifies their purpose, reducing disputes later.

It should be noted that the enforceability of non-compete agreements varies by state, so working with one of our knowledgeable business attorneys is important to help ensure compliance.

Enlist the Team at Churchill, Quinn, Hamilton & Van Donselaar, Ltd for Essential Legal Guidance with Your Employee Handbook

Updating your employee handbook typically requires more than a quick edit. It involves understanding complex employment laws and anticipating potential risks. Our experienced business attorneys can help you:

• Ensure Legal Compliance – Employment laws are complex and frequently change at the federal, state, and local levels. We will help ensure that your handbook complies with current regulations, such as wage and hour laws, anti-discrimination policies, and family leave requirements. We can also help you avoid costly mistakes and potential lawsuits by ensuring your policies meet the latest legal standards.
• Tailor Policies to Your Business Needs – A generic handbook may not address the unique aspects of your business or industry. We will work with you to customize policies that reflect your company’s structure, culture, and specific legal risks.
• Protect Against Liability – A poorly written handbook can leave your business vulnerable to claims of unfair treatment, discrimination, or wrongful termination. Our attorneys help create clear, enforceable policies that minimize ambiguity and provide strong legal defenses in the event of a dispute.
• Stay Informed of Emerging Trends and Best Practices – We stay informed about workplace trends and legal developments, such as remote work policies, diversity and inclusion issues, and cybersecurity protocols. We can help you incorporate best practices into your handbook to maintain a competitive and legally compliant workplace.

Reach out to learn more or to schedule a consultation with our team by calling 847-223-1500.

As the new year begins, many people focus on resolutions and goals for self-improvement, health, and finances. Yet, one often-overlooked goal is organizing your estate. Whether you’re starting fresh or revisiting an existing plan, setting clear objectives for your estate planning will bring security and peace of mind for yourself and your loved ones. Get started now by taking these key steps.

Prepare or Update Your Will

A will is the foundation of a solid estate plan. It ensures that your assets are distributed according to your wishes and helps avoid unnecessary disputes among family members.

• If you don’t have a will: Begin by documenting how you want your assets distributed.
• If you already have one: Review it to ensure it reflects any recent life changes, such as marriages, births, or property acquisitions.

Select the Right Executor

Your executor will be responsible for managing your estate after you pass. Choosing someone reliable, organized, and trustworthy is crucial.

• Consider a family member or close friend who understands your wishes.
• Alternatively, appoint a professional executor, such as an attorney or financial advisor, for impartiality and expertise.

Prepare a Living Will

A living will outlines your preferences for medical care if you become incapacitated.

• This document ensures your loved ones aren’t burdened with tough decisions during emotional times.
• Work with your attorney to clearly specify your desires regarding life-sustaining treatments, pain management, and organ donation.

Create a Power of Attorney for College-Aged Children

When your child turns 18, they are legally considered an adult. This means you may no longer have access to their medical or financial information without proper documentation. Additionally, you may face difficulty helping them in an emergency situation.

• A medical power of attorney allows you to make healthcare decisions on their behalf in an emergency, when they do not have the capacity to do so.
• A financial power of attorney enables you to manage their accounts or handle financial matters if they are unable to, due to illness or incapacitation.

Address Beneficiary Designations

Beneficiary designations on accounts like life insurance policies, retirement funds, and payable-on-death bank accounts can override your will.

• Review these designations regularly to ensure they align with your estate planning goals.
• Update them as needed to reflect changes in relationships or family structure.

Consider a Trust for Additional Protection

Depending on your estate’s complexity, setting up a trust may be beneficial.

• Trusts can help minimize taxes, provide privacy, and ensure a smooth transition of assets without going through probate.
• Common options include revocable living trusts and irrevocable trusts tailored to specific needs.

Work with the Trusted Team at Churchill, Quinn, Hamilton & Van Donselaar, Ltd for the Right Estate Plan

Navigating estate planning can be complex, but our experienced attorneys can provide invaluable guidance. They will work closely with you to ensure your documents are legally binding as well as address all aspects of your unique circumstances. The start of the new year is the perfect time to prioritize your estate plan. Contact our office at 847-223-1500 to start the process or review your existing plan, and make your peace of mind a priority in 2025.

As the year ends, businesses often focus on closing their books, evaluating their financial health, and preparing for tax season. One major task often on this list is addressing outstanding business debts. While resolving these debts before year-end is ideal, it’s equally important to understand that beginning the process now and continuing into the new year can still provide significant benefits for your business. Here’s how partnering with an experienced attorney can make this task manageable and effective—no matter when you begin.

Enhance Financial Clarity for Year-End and Beyond

Uncollected business debts can cloud your financial picture, making it harder to accurately evaluate your business’s performance. Clearing these debts before December 31 is preferable for a cleaner year-end reconciliation. However, starting the process now—even if it carries into the new year—can help you gain a better understanding of your financial position and set the stage for improved cash flow in the months ahead.

Get Legal Expertise to Streamline the Process

The complexities of debt collection laws can make it challenging to recover what’s owed, especially when time is tight. Our experienced collection litigation attorneys can guide you through the process, whether you’re addressing debts now or planning a strategy for early next year. By ensuring compliance with relevant laws and handling negotiations, we can save you time and help you avoid costly mistakes.

Take Advantage of Year-End Motivation

The end of the year is a natural motivator for both creditors and debtors to settle accounts. Debtors may want to clear their own financial obligations before year-end, which can make negotiations easier. We can help you leverage this mindset to reach favorable settlements on as many debts as possible as the year ends.

Proactively Prepare for Tax Season

Addressing unpaid business debts is a key step in preparing for tax season. If you can’t fully resolve debts before December 31, our attorneys can help you decide whether to pursue collection efforts or write off bad debts for tax purposes. This proactive approach prevents last-minute scrambling and ensures you’re ready for the IRS.

Build a Better Accounts Receivable Strategy

The new year is an excellent time to refine your accounts receivable processes. Beyond helping you recover overdue payments, we can assist with reviewing your credit policies, contracts, and business practices to reduce future collection issues.

It’s Never Too Late to Start – Contact our Team for Expert Recovery of Business Debts

Sure, the end of the year can get hectic and a business owner’s responsibilities can be overwhelming at this time. But that should not discourage you from at least getting started on closing out those business debts. Starting the process now helps to lay the groundwork for efficient debt recovery and financial stability into the new year.

 If your business is struggling with unpaid debts, our business attorneys have vast experience in collection litigation and are here to help. Whether you’re closing out the year or setting goals for the new one, we’ll provide the guidance and support you need to recover what you’re owed and protect your bottom line. Contact us today at 847-223-1500 to schedule a consultation.

The holiday season is here, and it’s a time when many people consider gifting as a way to express their love and values. Whether you’re planning to give to your heirs, donate to your favorite charities, or make thoughtful contributions to other recipients, it’s essential to understand the legal and financial implications of these decisions. When it comes to gifting, thoughtful estate planning can help to ensure that these gifts match your overall goals while also avoiding unintended consequences.

The Benefits and Challenges of Gifting Early

Gifting assets during your lifetime can be an excellent strategy to reduce the size of your taxable estate, provide financial assistance to loved ones, or support causes you care about. However, there are important considerations:

Tax Implications

• The IRS allows annual exclusion gifts (up to $17,000 per recipient in 2024 without triggering gift tax). Larger gifts may require filing a gift tax return and could impact your lifetime estate and gift tax exemption.
• Certain gifts, such as contributions to 529 education savings plans, may have special rules, allowing you to “front-load” up to five years’ worth of annual exclusions.

Impact on Medicaid Eligibility

• If you think you might possibly need long-term care in the near future, gifting assets can affect Medicaid eligibility. This is because Medicaid has a “look-back” period that penalizes gifts made within five years of applying for benefits.

Maintaining Financial Security

• Gifting is certainly a generous act, especially at this time of year. However, it’s important to also think of your future needs and make sure you keep enough of your assets to live comfortably over your lifetime. A thorough analysis of your financial situation can help you maintain the right balance.

Gifting to Charities

Donating to charities during the holidays is a meaningful way to support causes that matter to you. With proper planning, your generosity can also bring tax benefits. For example, people over the age of 70 ½ can make tax-free donations directly from an IRA to a qualified charity. Another option is to donate stocks or other appreciated assets in order to avoid capital gains taxes while benefiting a charitable organization.

Develop Smart Gifting Strategies with Churchill, Quinn, Hamilton & Van Donselaar, Ltd

Working with one of our experienced estate planning attorneys can help to ensure that you can gift as you see fit, while still planning for your long-term goals. We can accomplish essential tasks such as:

• Preparing legal documents, such as appropriate trusts, to manage gift-giving throughout the year
• Ensuring your gifts are structured to minimize tax liabilities for you and your recipients
• Creating a clear, legally binding estate plan in order to avoid family conflicts and prevent misunderstandings or disputes among heirs
• Ensuring that your holiday gifting is consistent with your will, trusts, and overall estate planning strategy

Reach out to us at 847-223-1500 to schedule a consultation to ensure your estate plan is complete and your holiday gifting meets your current and future needs.

 

The probate process can seem overwhelming and confusing, but it’s important to understand, especially if you want to avoid it. Here’s a simple breakdown of what probate is, how it works in Illinois, and the steps you can take to bypass it altogether.

 What Is Probate?

Probate is the legal process of distributing someone’s assets after they pass away. It involves validating the will (if there is one), paying off any debts or taxes, and distributing what’s left to the heirs. If the deceased didn’t leave a will, the court will determine how to divide their assets according to Illinois law.

 Why Would You Want to Avoid the Probate Process?

There are a number of very valid reasons for wanting to avoid the probate process if possible. First, it can be quite time-consuming. Completing the probate process can take months, or even years in some cases, to finalize. Another big reason is the cost involved, which can include legal fees, court costs and other expenses that can add up throughout the process. Additionally, going through probate can be emotionally and financially stressful for everyone involved. Given these potential issues, finding a way to avoid it can make a difficult time easier for loved ones.

How Probate Works in Illinois

In Illinois, not every estate goes through probate. If the total value of the assets is less than $100,000, and there is no real estate involved, the heirs may be able to skip the probate process entirely by using a Small Estate Affidavit. But if the estate is larger or includes real estate, probate is often required unless the person took steps to avoid it while they were still alive.

 Ways to Avoid the Probate Process in Illinois

The good news is, there are certain things you can do to help ensure your estate does not have to go through probate. Here are a few common ways to do that: 

• Create a Revocable Living Trust

A revocable living trust is one of the best ways to bypass the probate process. When you set up a trust, you transfer ownership of your assets to the trust while still maintaining control during your lifetime. Upon your death, the trustee (who you appoint) will distribute the assets according to your wishes without needing to go through probate. 

• Joint Ownership of Property

If you own property jointly with someone else and have “rights of survivorship,” the property automatically transfers to the surviving owner when you pass away, bypassing probate. This is common with married couples for homes and bank accounts. 

• Beneficiary Designations

Many assets, like life insurance policies, retirement accounts, such as 401(k)s, and payable-on-death bank accounts, allow you to name beneficiaries. Upon your death, these assets go directly to the named beneficiaries without going through probate. 

• Transfer-on-Death (TOD) Designations

Illinois allows you to file a Transfer-on-Death Instrument for real estate, which lets you name a beneficiary who will automatically inherit the property after your death. This avoids the need for probate for your home or other real estate.

• Work with an Experienced Estate Attorney

Every estate is unique and has different assets and circumstances. When it comes to allocating your estate, working with an experienced attorney can help to ensure your loved ones avoid the stress of the probate process and that your wishes are carried out as you intended. Our attorneys will provide an individualized plan that meets your current needs, as well as defines your plan for disbursement in the future.

Probate doesn’t have to be a complicated and stressful process if you plan ahead. In fact, by using strategic estate planning tools you can ensure your assets are transferred to your loved ones quickly and without the hassle of the probate process. Contact Churchill, Quinn, Hamilton & Van Donselaar, Ltd. at 847-223-1500 to learn more about avoiding probate and to consult with an experienced estate planning attorney regarding your specific needs. With the right plan in place, you can provide peace of mind for yourself and your loved ones.

Running a business comes with many legal challenges that can have far-reaching consequences for employers if not handled correctly. Ensuring compliance with employment laws, as well as protecting sensitive company information, are critical to safeguarding a business. For this reason, partnering with one of our experienced business attorneys is essential to navigate these complex topics and avoid costly mistakes, or provide proper representation if disputes arise. Here are some of the most common legal issues that Illinois employers face.

Employment and Labor Laws

Employment and labor laws cover everything from hiring practices to wages, hours, and termination. They dictate the rules that employers must follow, and companies can face hefty penalties and fines if they do not. Our attorneys help clients understand and abide by these laws, ensuring that employment contracts, employee handbooks, and internal policies are in full compliance. Additionally, they can provide guidance to ensure employers understand their obligations and remain compliant on important topics like minimum wage and overtime pay requirements, regulations for breaks, and properly classifying workers as employees or independent contractors.

Harassment and Discrimination

Workplace harassment and discrimination claims can be incredibly damaging to a company’s reputation and finances. Employers are required by law to provide a safe and inclusive work environment, free from harassment or discrimination based on race, gender, age, disability, or other protected characteristics. Violating federal laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), or the Age Discrimination in Employment Act (ADEA) can result in lawsuits, fines, and damage to a company’s brand. We can assist in creating appropriate anti-harassment and discrimination policies and ensuring compliance with equal employment opportunity (EEO) regulations.

Protecting Classified Business Information

Classified business information, like trade secrets, client lists, and proprietary processes, is the backbone of many businesses. Therefore, protecting this data from leaks or theft is of utmost importance. One of the most effective ways to safeguard sensitive information is for an employer to implement and enforce confidentiality agreements, non-compete clauses, and non-disclosure agreements (NDAs).

Working with our attorneys can ensure that these legal protections are in place and are enforceable in court. We will help develop legally sound contracts, assist in pursuing action against former employees or competitors who share protected information, and advise on best workplace practices to minimize potential risks.

Churchill, Quinn, Hamilton & Van Donselaar, Ltd Helps Employers Protect their Workplace

Employers are faced with many legal challenges and one mistake can lead to costly penalties, damaged reputations, and lost productivity. When you work with the experienced business attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd., you are investing in the security of your company’s future. Don’t wait until a legal issue arises—be proactive and safeguard your business today. Reach out to our team at 847-223-1500 to schedule a consultation.

Passing a family business to the next generation can be a complex and emotional process. In fact, it is usually not a simple matter of handing over the reins to a trusted family member, as there are a number of legal concerns that can arise. Having a well-crafted succession plan in place can help to ensure a smooth transition while minimizing disputes and protecting the business’s future. Here are some of the biggest legal concerns to address when passing a family business down to another family member, and why working with an experienced estate attorney is so important.

Ownership and Transfer of Assets

One of the biggest factors in a succession plan is determining how ownership of the business will be transferred. For example, will the successor inherit the business or will they purchase it? This decision impacts tax liability, legal ownership, and the overall structure of the business. Your attorney will help to ensure that the transfer complies with state and federal laws, assist with drafting transfer agreements, and advise on the best way to structure the deal to minimize taxes and avoid legal disputes.

Business Structure

Determining the ownership structure of the business is a fundamental step in the succession plan. Common options include sole proprietorship, partnership, limited liability company (LLC), or corporation. Each structure has its own legal implications, and the choice should align with the goals and risk tolerance of the family. It’s crucial to ensure that the business’s organizational documents allow for a smooth transition of ownership and management. Your attorney will review and update the business’s documents to make sure they align with the succession plan. Additionally, we can help mediate any conflicts between stakeholders, ensuring everyone’s interests are addressed.

Tax Considerations

The transfer of a family business can have significant tax implications. In fact, improper planning can lead to estate, gift or capital gains taxes which can put the future of the business at risk. Our attorneys are well-versed in estate laws and can help minimize tax liability by establishing a strong estate plan that addresses issues such as trusts, gifting strategies or tax deferment options while adhering to state and federal laws.

Protecting the Future of the Business

A key goal of a succession plan is to ensure that the business continues to thrive after the transition. This means not only transferring ownership but also ensuring that the business remains financially stable and that its core values and mission are preserved. Your attorney can structure the transition to help the new owner thrive in their new responsibilities, by drafting non-compete or confidentiality agreements, setting up advisory boards, or helping to create a financial plan that benefits both the new owner as well as the retiring owner.

Working with Churchill, Quinn, Hamilton & Van Donselaar, Ltd. for your Succession Plan

A succession plan for a family business involves more than just choosing someone to take over. It requires careful legal, financial, and emotional considerations to ensure the business’s long-term success. Churchill, Quinn, Hamilton & Van Donselaar, Ltd. is highly regarded in succession planning matters and helps businesses strategically prepare for transitions in leadership. We tailor each succession plan to the specific needs and goals of each client, taking into account factors such as the size of the business, family dynamics, and the desired outcome. Additionally, we can identify and address potential legal risks, ensure that the succession plan complies with all applicable laws, and can assist in resolving disputes or disagreements that arise. Contact us at 847-223-1500 to develop a comprehensive succession plan tailored to your unique situation and create a seamless transition for the next generation.

General contractors are faced with many tasks throughout the span of a construction project, from managing timelines and subcontractors to ensuring compliance with regulations. To be certain, navigating legal issues that arise can be as important as understanding building codes. To avoid costly mistakes, working with an experienced attorney is crucial for the long-term success of a general contractor’s business.

Common Legal Issues General Contractors Face

The size and scope of a project may vary from business to business, but most general contractors will face one or more of the following legal issues at some point in their career. However, working with our experienced attorneys can provide valuable protection and minimize legal risk.

1. Contract Disputes – Contracts form the foundation of any construction project, whether you’re working on a small residential job or a large commercial project. However, disputes over contract terms, payment schedules, or project scope are all too common.

Our attorneys can:

• Draft clear, comprehensive contracts that protect your interests.
• Assist in negotiations to resolve disputes before they escalate.
• Provide representation in litigation, should the need arise.

2. Labor and Employment Law – Whether it’s dealing with employees or subcontractors, general contractors frequently face employment-related legal issues. These can include disputes over worker classification, wage and hour claims, worker’s compensation claims or even discrimination or harassment claims.

Our attorneys can:

• Ensure that your employment practices align with labor laws.
• Help you create and implement policies to create a respectful workplace.
• Help you draft subcontractor agreements that protect your business.
• Defend your company in the event of lawsuits or complaints from employees or subcontractors.

3. Liability for Construction Defects – Construction defects can surface long after the project is complete. This can potentially lead to expensive repairs and legal battles. Whether the issue is structural or cosmetic, general contractors can be held liable.

Our attorneys can:

• Help establish strong warranties and limitation clauses in contracts.
• Represent you in defending against claims of negligence or breach of contract.

4. Mechanic’s Lies and Payment Issues – In the construction industry, it can be a challenge for general contractors to secure timely payment for work completed. When disputes arise, filing a mechanic’s lien may be the best option. However, filing a lien comes with its own set of legal requirements and therefore makes the guidance of an experienced attorney even more essential.

Our attorneys can:

• Assist in filing mechanic’s liens to ensure proper payment.
• Help you navigate payment disputes, potentially avoiding liens altogether.

Benefits of Working with Churchill, Quinn, Hamilton & Van Donselaar, Ltd

General contractors face a unique set of legal challenges, from contract disputes and regulatory compliance to employment issues and payment disputes. The attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd understand the construction industry and can provide valuable guidance for these legal issues that frequently arise. In addition, we can often anticipate potential problems and help to implement strategies to avoid issues altogether. Our vast experience brings general contractors peace of mind that their business is safeguarded, allowing them to concentrate on growing their business. Reach out to 847-223-1500 to learn more or to schedule a consultation.

Curious what Grayslake was like back in the day? Towns like this have a charm that spans through the generations, and Robert Churchill is the perfect person to describe how the Village of Grayslake has evolved through the years, as he and his family have been part of the community for over 100 years. He recently had the opportunity to speak with David Woll, the host of the Discovering Grayslake Podcast. This podcast series focuses on the people and places that make Grayslake unique, and Bob certainly fits that description.

Link to Full Podcast Below

Robert Churchill’s Connection to Grayslake

The Churchill family has been a staple of the Grayslake community, dating all the way back to the Civil War era!  Along with calling Grayslake his home since he was a boy, Bob’s family has also specialized in law for generations. Bob’s grandfather established his law practice in Grayslake in 1903, and after completing his law degree, Bob joined the firm and would eventually practice with his grandfather, father, brother and cousin. Now known as Churchill, Quinn, Hamilton & Van Donselaar, Ltd, it stands as a pillar of the community in providing both personal and business legal assistance.

What to Expect in the Podcast

Get ready to experience the close-knit, community-oriented lifestyle of Grayslake’s early days. Throughout the interview, Bob reminisces about life growing up in Grayslake, a simpler time when kids explored safely, knowing that hearing the 5:00 whistle meant it was time to be home for dinner. Neighbors socialized with each other, watched out for each other and provided a strong sense of trust and support for one another.

Bob also has a long history in politics, serving 20 years in the Illinois House of Representatives. Be sure to listen to the end of the interview to hear about his interesting experiences during this time, and even an amusing anecdote about his lunch date with President Ronald Reagan!

As the podcast wraps up, listeners will delight in hearing some unique facts about Bob himself, including his favorite places to travel, favorite Grayslake events and how proud he is to be a member of the Grayslake community.

Listen to the Entire Podcast Interview HERE: https://www.youtube.com/watch?v=u-WhzyrPg9M

 

Churchill, Quinn, Hamilton & Van Donselaar, Ltd is your Source for Legal Assistance in the Grayslake Area

When you work with an attorney who has such strong ties to the community, it makes a difference in the service you receive. Bob’s family founded the firm with a commitment to provide honest and high-quality legal services in a timely fashion, while accentuating both personal and public service, and it still operates by these principles to this day. We offer our business clients assistance with important issues such as business formation, mergers & acquisitions, financing, succession planning, workplace policies, litigation and more. Individuals benefit from our deep expertise in residential and commercial real estate transactions, insurance disputes, landlord-tenant disputes, extensive estate planning services, plus competent representation for a wide range of litigation cases. Learn more about our professional areas of practice HERE and see why we continue to remain one of the area’s most trusted legal sources.

As the end of the summer draws near, we have an ideal event to share with friends and family. Churchill, Quinn, Hamilton & Van Donselaar, Ltd is happy to sponsor the latest outdoor movie showing of another much-loved 80’s classic – Ferris Bueller’s Day Off, brought to you by Grayslake “Movies Off Center”. Watching a movie under the stars just has a different appeal than being cooped up in a movie theater. It’s really the perfect way to wind down the season and take in the final warm days of summer. Here is what you need to know to take part:

Outdoor Movie Details

Date: August 13, 2024

Time: Dusk (movie run time is approx. 1 hr and 45 min)

Location: Centennial Plaza, Center & Whitney Streets in Grayslake, IL

Feature Film: Ferris Bueller’s Day Off (1986) – Matthew Broderick stars in this classic comedy film directed by John Hughes, and follows high school slacker Ferris Bueller, who fakes an illness to skip school and embarks on an adventurous day in Chicago filled with clever and hilarious antics, all while dodging his determined principal who’s hot on his trail. The film’s charm, witty dialogue, and memorable characters have cemented it as an enduring favorite.

Admission: FREE!

Why Go to an Outdoor Movie?

Really, the answer to this is why not? Open space, twinkling stars, a warm breeze and the company of your local community all add up to a perfect evening. On top of that, this family-friendly comedy adds to the charm of an ideal date night, outing with friends or fun family bonding time. When an opportunity arises to participate in a free and unique event, don’t pass it by!

Churchill, Quinn, Hamilton & Van Donselaar, Ltd Proudly Sponsors Community Events

We sponsor many activities throughout the year, but outdoor movie nights are some of our favorites. These events give community members the chance to get out and enjoy the weather, as well as create lasting memories by sharing movies that are beloved by all generations. And the best part is that they are FREE, so they are available for all to enjoy.

For over 125 years, Churchill, Quinn, Hamilton & Van Donselaar, Ltd has been an integral part of the Grayslake community, offering honest and reliable legal support. We offer our business clients assistance with important issues such as business formation, mergers & acquisitions, financing, succession planning, workplace policies, litigation and more. Individuals benefit from our deep expertise in residential and commercial real estate transactions, insurance disputes, landlord-tenant disputes, extensive estate planning services plus competent representation for a wide range of litigation cases. Learn more about our professional areas of practice HERE and see why we continue to remain one of the area’s most trusted legal sources.