Author: Tami Wloch

Probate is the legal process of transferring the assets of a deceased person to their beneficiaries. Without a doubt, it can be a complex and time-consuming process. For this reason, it is important to have an experienced probate attorney on your side to help you navigate the system and avoid costly litigation.

Possible Probate Issues

There are many probate problems that someone might need a probate attorney to help them with. Here are a few examples of what can arise during the probate process:

• A will contest – If someone challenges the validity of a will, a probate attorney can help you defend the will and ensure that your wishes are carried out.
• Disputes among beneficiaries – If beneficiaries disagree about how an estate should be divided, a probate attorney can help mediate the dispute and reach an agreement that is fair to everyone involved.
• Assets that are difficult to distribute – Some assets, such as real estate or businesses, can be more difficult to distribute than others. When this is the case, a probate attorney can help you navigate the process and ensure that the assets are distributed properly.
• International estates – If the deceased person owned assets in multiple countries, the probate process can be more complex. In this instance, a probate attorney who is familiar with international law can help you navigate the process and ensure that your wishes are carried out in all jurisdictions.

Why it’s Important to Work with the Right Probate Attorney

The passing of a loved one is an extremely difficult time. Estate and probate issues must be handled in a timely manner, and there are often many legal issues to contend with, on top of the emotions, stress and grief that typically arise.  When you work with a probate attorney at Churchill, Quinn, Hamilton & Van Donselaar, Ltd, there are a few important ways that we can help alleviate some of that burden:

• File the necessary paperwork with the court.  First, we can help you file the necessary documentation, such as the will, the inventory of assets, and the petition for probate.
• Track down assets and debts.  This can be a complex process, especially if the deceased person owned assets in multiple states or countries.
• Pay off debts and taxes.  We can provide assistance in paying off the debts of the deceased person, such as funeral expenses, medical bills, and taxes.
• Distribute assets to beneficiaries.  Another of our roles is to help ensure that the estate assets are legally distributed to the beneficiaries in accordance with the will.
• Negotiate with creditors: If the deceased person owed money to creditors, we can help you negotiate with the creditors to get the best possible terms for the estate.
• Mediate disputes among beneficiaries: Unfortunately, disputes among beneficiaries can be common. We have experience managing these challenging family relationships and can help make this process easier.
• Contest a will: If someone challenges the validity of the will, our experienced team can help to ensure that the initial wishes are carried out.
• Appeal a court decision: If you are not satisfied with a court decision, we can help you appeal the decision.

Contact Churchill, Quinn, Hamilton & Van Donselaar, Ltd for your Probate Needs

This, of course, is just a partial list of the many ways we can help make the probate process easier. When you are represented by a probate attorney from Churchill, Quinn, Hamilton & Van Donselaar, Ltd, you have the support and guidance of an experienced professional who always has your best interests in mind. Contact us at 847-223-1500 to schedule a consultation or to learn more about our extensive estate planning services.

Mergers and acquisitions (M&A) are complex transactions that require specialized legal expertise. An M&A attorney provides a range of services to help companies navigate the legal complexities of buying, selling, or merging with another company. Undoubtedly, enlisting the services of an experienced M & A attorney can help protect the interests of your company in the following ways.

Conduct Due Diligence

One of the most important services that an M&A attorney offers is due diligence. Due diligence is the process of reviewing and analyzing the financial, legal, and operational aspects of a company that is being acquired. This process is critical for identifying any potential risks or liabilities associated with the transaction. An M&A attorney will work closely with their client to conduct due diligence and ensure that all relevant information is considered before the transaction is completed.

Ensure Accuracy of Legal Documents

Another important service that your M&A attorney will provide is contract drafting and negotiation. M&A transactions involve a wide range of contracts, including purchase agreements, merger agreements, stock purchase agreements, and asset purchase agreements. This is an essential reason to work closely with an experienced M&A attorney, as they are responsible for drafting and negotiating these contracts to ensure that their clients’ interests are protected.

Offer Tax Advice

A good M&A attorney also advises clients on the tax implications of the transaction. This includes analyzing the tax consequences of the transaction for both the buyer and the seller. These attorneys work closely with tax specialists to ensure that their clients are aware of any tax implications associated with the transaction.

Provide Valuable Legal Guidance

In addition to these services, an M&A attorney also provides ongoing legal guidance and support on a variety of other issues related to mergers and acquisitions. This can include advising clients on regulatory compliance, intellectual property issues, employment matters and resolving any disputes that may arise. M&A attorneys work closely with their clients to ensure that all legal requirements are met and that the transaction is completed successfully.

Work with an M&A Attorney at Churchill, Quinn, Hamilton & Van Donselaar, Ltd.

One of the most significant benefits of working with our team is the expertise and experience that our attorneys bring to the table. Our M&A attorneys have a deep understanding of the legal and regulatory requirements associated with these transactions, and they can help you navigate these complexities with ease.

Without a doubt, when you work with our firm, you’ll find peace of mind throughout the process.  M&A transactions can be complex and risky, and having a competent attorney on your side can help ensure that you are making informed decisions and that your interests are being protected throughout the transaction. Contact our office at 847-223-1500 to learn more or to schedule a consultation.

Estate planning is oftentimes one of those ideas that you hear about, but then move on without really acting on it. For one, it may sound too complex to figure out on your own. In fact, you may even believe that you only need to be concerned about estate planning if you are very wealthy. But the truth is, estate planning is essential for the safety and security of every family! And, it doesn’t need to be confusing when you have the right help.

Don’t miss out on this great opportunity to attend a free informational session on April 13, 2023, presented by our own attorney Amber Desselles, where you can learn important ways to protect your family now and in the future. One of Amber’s specialties is estate law and she is looking forward to sharing some essential advice with the community. Her session begins at 6:00pm so mark your calendar!

Family University: Legal Planning for Families

This free event, sponsored by Community Consolidated School District 46, is being held to provide important legal advice to our valued members of the community.   The location will be:

CCSD 46

Park Campus

400 W. Townline Road

Round lake, IL

 

The sessions for the evening include:

General Estate Planning 101 – An overview of the basic elements of a good estate plan, along with how to get started. This session is presented by Amber Desselles, an accomplished attorney at Churchill, Quinn, Hamilton & Van Donselaar, Ltd.

Special Needs Trusts & Guardianships – Unique estate planning considerations for families with children who have special needs

A Student’s Guide to Navigating Immigration Law – Information pertaining to DACA students, refugees, asylees, and documented & undocumented students in United States school systems.

 

 

In-Depth Estate Planning Services

You will hopefully leave this free event with a basic understanding of the importance of estate planning for every family, regardless of status or wealth.  However, you may find that you need additional help to implement an effective plan that meets all of your needs.  At Churchill, Quinn, Hamilton & Van Donselaar, Ltd., we want to make sure you have the best plan in place for your family. This means understanding your specific circumstances, needs and plans for the future. Contact us at 847-223-1500 and let us know that you saw Amber and want to schedule a consultation to learn more about protecting your family with the right estate plan.

Most people will apply for credit at some point in their life. In fact, credit cards, auto loans and mortgage loans are common accounts that many people depend on.  However, those who apply for or obtain these loans often do not fully understand their rights regarding these transactions. To help protect yourself, familiarize yourself with the following laws that were enacted with consumer rights in mind.

The Equal Credit Opportunity Act

Consumers have rights when it comes to applying for credit. The Equal Credit Opportunity Act (ECOA) states that a creditor may not discriminate against an applicant based on sex, race, marital status, religion, national origin, age or receipt of public assistance. With the exception of religion, creditors may ask about these things in certain situations. However, they cannot discriminate based on the answers given.  For instance, they cannot deny a loan or offer less favorable terms based on these factors. Additionally, under the ECOA, if you are denied credit you are legally entitled to know the specific reason.

The Fair Credit Reporting Act

Your credit report is an essential tool when it comes to applying for credit. After all, it provides potential creditors with a detailed account of your current and previous loans, mortgages and credit cards, your payment history, paid or unpaid collection accounts, bankruptcy status and more. Because of the impact these reports can have, the Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness and privacy of consumer information contained within them.

According to the FCRA, you have the right to receive a copy of your credit report. Further, each of the three major credit reporting agencies must provide you with a free copy once every 12 months, at your request. Additionally, you are also entitled to request a free report if you are denied credit, if you are unemployed and looking for a job, if you are on welfare or if your report is inaccurate because of identity theft or fraud.

The Truth In Lending Act

Consumers have the right to fully understand the financing terms being offered when applying for credit or a loan. The Truth In Lending Act (TILA) sets requirements for lenders in terms of mandatory disclosures. Under this act, lenders must disclose the annual percentage rate, finance charges including any application fees, late fees or penalties, the amount financed, the payment schedule, and the total amount that will be repaid over the life of the loan. These disclosures must occur before a consumer signs. Additionally, these terms must appear on billing statements. Disclosing these details allows the consumer to make an informed decision regarding obtaining credit.

The Fair Debt Collection Practices Act

When taking on new credit, you are responsible for keeping up with the payments. However, if you fall behind, you still have rights when it comes to the attempted collections of past due payments. The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from being unfair, deceptive or abusive during their collection attempts. For example, a debt collector may not harass you on the phone, call you at work if your company does not allow it, or falsely imply that you have committed a crime. Additionally, they must identify themselves when calling, they may only contact you between 8am and 9pm, and they must stop contacting you if you submit that order in writing.

Contact Us For Help With Consumer Credit Laws

The attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd. are experienced in defending consumers against unfair practices by lenders or creditors. If you feel that your rights have been violated, schedule a consultation with us. We will advise if you were treated unfairly according to the law and will represent you in obtaining a resolution. Contact us at 847-223-1500 to learn more.

Small business owners often work with other businesses in the course of their daily operations. These B2B relationships may include suppliers or distributors, accountants, marketing firms or consultants, to name a few.

It can be a tricky situation when a business falls behind on payments to another business. In fact, many businesses rely on each other for their business to operate successfully. So, it is in the best interest of all involved if disputes are kept to a minimum. One way to maintain strong B2B relationships is to establish effective billing and collection procedures.

Smart B2B Collections Practices 

• Give clients multiple payment options – The more ways a client has to pay their bills, the better. That’s why offering as many payment options as possible can help to ensure prompt payment for your B2B clients. For example, give businesses the ability to pay with a check, credit card, ACH payment, wire transfer or an online platform such as Venmo, Stripe or others like it.
• Send multiple payment reminders – A missed payment may simply be an oversight. In those cases, a payment reminder may be all that is needed to bring an account current. Some clients may need a few reminders, however, so a good strategy is to follow up with past-due accounts on a set schedule that works for you. For instance, you might start with an email after 7 days. Then, perhaps a phone call after 15 days. This method gives the client a chance to speak directly to you, in the event they have a question about the invoice. In some cases, a legal notice may be necessary after several prior attempts at collecting the debt. An efficient, automated payment tracking system can quickly keep track of late payments and send out notifications as needed.
• Enforce penalties for late payments – It is important to establish clear penalties for non-payment with your B2B clients. And even more important, you must actually enforce these penalties if your client falls behind on a payment. Unfortunately, many clients will be more inclined to skip a payment if they know there will be no repercussions. Therefore, strictly enforcing a late fee penalty can help to avoid continuing problems.
• Make sure business contracts are carefully prepared – In order to ensure prompt payment of business invoices, it is essential that your business contracts state the payment terms clearly. These contracts should provide the details of payment due dates, grace periods, how late fees and penalties are calculated and applied, and methods of payments accepted. This way, clients will know up-front what is expected in terms of payments and there should be no surprises when they receive their invoices.

Work with an experienced B2B collection litigation attorney

Sometimes, even with your best efforts to avoid it, legal action becomes a necessity. In that case, an attorney who is experienced in B2B collections can be the best option to resolve the matter. If a claim escalates and litigation is necessary, the attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd can provide the support you need to successfully recover money owed to you. Our firm’s experience and expertise enable us to quickly determine the best course of action in litigation and to aggressively follow through.

Contact Churchill, Quinn, Hamilton & Van Donselaar, Ltd at 847-223-1500 to learn why we are well-known in our community as respected business attorneys with a strong reputation for expert counsel.  We will support your business to help you to avoid collections issues by preparing detailed B2B contracts, ensuring that included late fees and penalties adhere to state laws, as well as advise on the most effective collection strategies. And when necessary, we will provide expert representation in court to negotiate your collections claims.

Many businesses are established through partnerships between motivated, committed individuals ready to create a successful company. Unfortunately, issues sometimes arise along the way that cause disagreements between the partners.  If these disputes escalate, the conflicts can disrupt business operations, sometimes affecting both the short-term and long-term success of the company. Business partners should be aware of, and try to avoid, these common disputes, in order to maintain a successful partnership and strong business.

Conflicts of Interest

Business owners sometimes have conflicting responsibilities that can impact their partnership relationship or the business itself. For example, one partner may also own another business, or may have personal interests that interfere with or disrupt the business operations. If these conflicting interests affect the business in any way, whether financially, professionally or by harming its reputation, legal intervention may be required.

Breach of Fiduciary Duty

The actions of one business partner can have a significant effect on the others. For this reason, business partners have a legal responsibility, or fiduciary duty, to the partnership. This means that partners must always act in the best interest of the company. Some of the legal expectations for a partner include being honest and fair with all partners and acting in good faith of the partnership and business. Additionally, a partner is expected to use care when making business decisions and always place the interest of the business and partnership above personal interests.

If a partner acts inappropriately and causes harm to the partners or to the business as a whole, this type of dispute can be serious. A breach of fiduciary duty can cause the other partners to experience financial loss, legal liability or other harm.  Because of this, partners often seek legal assistance in resolving the dispute.

Buy-Sell Agreements

In some situations, a business partnership doesn’t work out. When this happens, a buy-sell agreement dictates the terms of removing the partner who is leaving. This type of buyout agreement is a contract between the co-owners and governs the process when one partner wishes to leave the company, wants to retire, wants to sell their shares to someone else, goes bankrupt, gets divorced or dies.

A buy-sell agreement is an important document. But if the terms are unclear, it can lead to major disputes. The important elements of the agreement, including the terms under which it can be exercised, company valuation, payout terms and a dispute resolution process must all be properly negotiated ahead of time in order to avoid serious disputes during the buyout process. Conflicts of this nature can impact daily operations, affect public image and lead to financial strain on the company.

Litigation for Partnership Disputes

The best way to lessen the impact of a partnership dispute is to try to avoid the disputes in the first place. But when that is not possible, competent legal representation in court is essential.  The legal team at Churchill, Quinn, Hamilton & Van Donselaar, Ltd can help you structure your partnership up front, along with preparing a partnership agreement that establishes clear business operation rules and partner responsibilities. With a proper foundation right from the start, your company will be more likely to avoid disputes down the line.

If a dispute does arise, we can assist you with identifying dispute resolution strategies, advocate for your interests and help to ensure you are well-prepared for litigation when necessary. To learn more or to schedule a consultation, contact our Grayslake office at 847-223-1500.

• As published by CQHV attorney Amber Desselles in the January 2023 edition of The Docket

A common understanding is that an estate plan is a compilation of legal documents created to predetermine the disposition of one’s real and personal property upon his or her death. A comprehensive estate plan will certainly establish a schedule for distribution of assets, but if done properly will accomplish much more. A thorough estate plan will lay the foundation for establishing guidance for one’s loved ones during incapacitation, can help to avoid probate, and additionally ensures a trusted fiduciary is appointed to make it all happen.

The ideal estate plan ensures that a person’s intentions are fulfilled and that he or she can pass the maximum amount of assets to beneficiaries while incurring the least amount of taxes and costs. If a person dies without a formal plan, his or her assets will instead be disposed of according to state statutes. In this article we will discuss some of the most commonly cited goals given by clients for initiating estate planning and the commonly used tools implemented to achieve these goals.

Some of the most well used estate planning tools include wills, trusts, transfer-on-death instruments and powers of attorney. The decision on which tools to implement will vary based on the client and should be need oriented and goal based. A great way to determine what a client’s goals are is to explore what initially brought them in to discuss the matter.

A common reason clients give is that they have experienced a life-event that has challenged their mortality. They may have experienced a tragedy and have seen first-hand what can happen when someone dies without an estate plan, or they may have been diagnosed with a serious illness that has caused them to think critically about what their absence would look like for their loved ones. Determining what led them to contact an attorney for estate planning assistance is often an excellent way to initiate the conversation.

Goal 1: Avoiding Probate.

A goal frequently cited by clients is the desire to avoid probate. This can be accomplished several ways. The Illinois Probate Act states that formal probate is not required where the decedent owned no real property in his or her name individually and the personal property of the decedent did not exceed $100,000.[1] Thus, the goal to avoid probate can be achieved by 1. Ensuring real property transfers by title or contract upon death, and 2. Making sure the individual’s assets transfer automatically (either by contract or via trust instrument) so as to guarantee that the fair market value of the individual’s assets that need to be transferred after death total less than $100,000. So long as this is true, the decedent’s heirs can transfer assets via the use of a small estate affidavit.

1. Removing Real Property from the Probate Estate. There are several ways to remove real property from one’s probate estate, or otherwise ensure the property automatically transfers upon death. The first consideration can be found on the face of the deed itself. If the property is held in joint tenancy, or in the case of the primary marital residence “tenancy by the entirety,” the decedent’s interest will transfer to the surviving co-owner automatically upon death. A possible issue that can arise with this method of planning is that if the co-owners die simultaneously then the property is no longer protected from probate. Additional methods commonly implemented to accomplish this particular goal of avoiding probate are the trust and the transfer-on-death instrument.
2. Trust.    The benefits of having a living trust are plentiful. Trusts can work to avoid probate, can provide an instrument for tax planning, allow for the intentional distribution of assets and provide for the immediate appointment of a fiduciary to take control of the trust assets and management upon the settlor’s death or incapacity. Transferring real property into a living trust avoids probate by removing the property from an individual’s estate. When the individual dies, the successor trustee named in the trust instrument has the automatic authority to continue managing the property. The real property is not considered as having been owned by the decedent individually for probate purposes.
3. Transfer-on-Death Instrument. A Transfer-on-Death Instrument, or a “TODI,” does exactly what it sounds like: it provides for the automatic transfer of real property upon the death of the individual owner. A TODI is similar to a deed and requires recordation with the local County Recorder’s office. Additionally, the recipient of the real property must file an acceptance of transfer to complete the transaction after the owner-transferrer’s death. Since the transfer is automatic, the requirement of probate is unnecessary.
4. Removing Personal Property from the Estate. The methods used to ensure that the total fair market value of the individual’s personal property does not exceed $100,000 are similar to those used to remove real property from the individual’s estate. Many clients will transfer assets to intended beneficiaries through gifts during their lifetime. Others will transfer assets through the use of a trust, joint tenancy or a pay-on-death assignment.
5. Trust. Assets with significant value, for example valuable art collections, boats, airplanes, mobile homes, etc., should be assigned or re-titled into the trust. The trust instrument can name specific beneficiaries for these valuable assets, or can provide for the sale and distribution of proceeds to beneficiaries. It may make sense to transfer savings accounts, brokerage accounts and even business interests into the trust as well. The goal is ensure that the fair market value of the client’s estate outside of their trust totals less than $100,000 so that the use of a Small Estate Affidavit is possible and probate can be avoided.
6. Pay-on-Death. Another way to remove personal assets from an individual’s estate is by having named beneficiaries on accounts. Retirement Accounts such as IRA’s and 401k’s, life insurance policies and other accounts where there are named beneficiaries operate as third-party contracts and are distributed directly to the beneficiaries outside of the decedent’s individual estate. It is a good idea to ensure the account has contingent beneficiaries listed in the event the named beneficiaries pre-decease the owner, and the term “per stirpes[2]” should be included where possible. In some cases, it may make sense to have a beneficiary or a contingent beneficiary be the individual’s living trust.

Goal 2: Ensuring Intentional Distribution of Assets.

Not all clients wish to avoid probate. In some cases, probate proceedings may even be desirable to protect beneficiaries by ensuring potential creditors are barred from making unexpected demands past the statutory claims period ending 6 months after the publication initiated during the probate proceedings. Avoiding probate may not be necessary for all clients as they may not own real property and may have less than $100,000 in assets that require transferring. In these cases, a simple will may be the best solution.

Every estate plan should include a Will as the initial document. A will acts as a guide that lays out the testator’s intentions for the post-mortem distribution of their assets. It also nominates an executor to act as a fiduciary in charge of ensuring the decedent’s final wishes are met, however, the document itself does not grant authority to the named executor to transfer assets. That authority comes from the court and is granted by the judge in response to a petition to open probate and appoint an executor. Once approved, the court will issue “Letters of Office” to the petitioner, which is the formal document of authority used to access accounts and sign transfer documents to move assets from the decedent’s estate to a third party.

Goal 3: Planning for Incapacitation.

Incapacitation can happen to any of us and at any time. Often it comes unexpectedly, so every client should be prepared by having an established plan to guide their loved ones during unforeseen incapacitation. Tools commonly used for this purpose include powers of attorney[3] and living trusts. Both trusts and powers of attorney provide the ability to name successor fiduciaries in the event the named individual is unable or otherwise unavailable to act.

1. Power of Attorney for Property. The power of attorney for property is a powerful legal document intended to grant broad authority to the individual’s agent to handle their financial affairs. The document goes into effect the day the individual signs it and terminates upon their death. The powers and discretions granted to the agent, defined in the power of attorney act, notably include the power and authority to effect real property transactions, access financial institution accounts and safety deposit boxes and make decisions for the individual regarding claims and litigation, to name a few. The document also nominates a named individual (the acting agent at the time) to act as a guardian should the individual be adjudicated disabled with the appointment of a guardian of their estate being necessary.
2. Power of Attorney for Healthcare. Similar to the property power of attorney, the healthcare power of attorney also becomes effective upon execution and terminates upon death. There are a few purposes for which the document survives the decedent, including the power to authorize anatomical gifts and an autopsy, as well as authorization for the disposition of remains. The named agent also has decision-making authority regarding life-sustaining treatment and end-of-life care. The document also nominates a named individual (the acting agent at the time) to act as a guardian should the individual be adjudicated disabled with the appointment of a guardian of their person being necessary.
3. Living Trust. While the power of attorney for property allows the named agent to access accounts held individually, only the acting trustee has the ability to access accounts held in the trust. A well-drafted trust instrument provides a procedure for the appointment of a successor trustee during the settlor’s incapacitation. Upon the appointment, the successor trustee will have immediate access to the trust assets and the ability to manage the individual’s affairs using trust assets during their incapacitation.

Goal 4: Ensuring Access to Digital Assets: Passwords, Keys, Crypto Accounts

Digital assets include more than just electronic currencies. The term encompasses an array of electronic assets such as social media accounts, emails, online financial account information, digital photographs and more. The Revised Uniform Fiduciary Access to Digital Assets Act[4] provides authority to fiduciaries to access and manage these electronic assets, but the language authorizing access must be included in the documents themselves. The documents should include specific language authorizing the fiduciary to exercise authority regarding all digital assets and accounts. It is important to include the language in wills, trusts and property power of attorneys.

An estate plan is important for every person to have, not just to ensure their final wishes are met but to provide for their incapacitation as well. Having a thorough, well-organized, and intentional plan in place is something everyone can use and can bring peace of mind to clients who have been putting off the task for any number of reasons. Encourage your clients to plan ahead and seek out the advice of an experienced estate planning attorney, they will thank you once it’s done!

[1] 755 Ill. Compiled Stat. 5/25-1

[2] The term “per stirpes” is Latin for “by branch” and stipulates that a share of an estate shall be given to an individual or their heirs (down the branch of their family tree) if they predecease the testator.

[3] Powers of Attorney are governed under the Illinois Power of Attorney Act, 755 ILCS 45.

[4] Revised Uniform Fiduciary Access to Digital Assets Act (2015)

As an employer in the state of Illinois, you are responsible for knowing and adhering to all new employment laws. Every year, many new laws get passed and this year is no different. In fact, Illinois had over 180 new laws that went into effect starting January 1, 2023. While employers do not need to know every law on that list, they do need to take note of a few that affect their employees’ rights.

One Day Rest In Seven (ODRIS) Act

There are some notable amendments that were made to the ODRIS Act that are effective beginning on January 1, 2023.

• Day of rest amendment – The amendment for 2023 states that employers must allow eligible employees at least 24 consecutive hours of rest in every consecutive 7-day period. The original wording allowed the 24-hour break in every calendar week. Therefore, any employee that works six consecutive days is entitled to 24 hours off, regardless of whether it falls in the same calendar week or not.
• Additional meal periods – current ODRIS law requires employers to allow employees who work 7.5 continuous hours to take at least a 20-minute meal break. Now, the new amendments also require that employees who work in excess of 7.5 continuous hours are allowed an additional 20-minute meal break for every additional 4.5 continuous hours worked.
• Increased penalties – Starting in 2023, penalties for non-compliance of these laws will be significantly increased for Illinois employers. For example, for employers of less than 25 employees, penalties are up to $250 per offense (payable to the Department of Labor) as well as damages of up to $250 per offense (payable to the affected employee). For employers of more than 25 employees, those fines can be up to $500 per offense.

Bereavement Leave

Senate Bill 3120, also known as the Family Bereavement Leave Act, was signed on June 9, 2022 and is an amendment to the Child Bereavement Leave Act.  This amendment provides expanded allowances to employees for bereavement leave.  Per the amendment, covered Illinois employers must provide up to 10 workdays of unpaid leave to employees who are absent due to any of the following events:

• A miscarriage
• An unsuccessful round of intrauterine insemination or an assisted reproductive technology procedure
• A failed adoption match or an adoption that is not finalized because it is contested by another party
• failed surrogacy agreement
• A diagnosis that negatively impacts pregnancy or fertility
• A stillbirth
• Attending the funeral of a covered family member, to include children, grandchildren, stepchildren, spouses, domestic partners, siblings, parents, parents-in-law, stepparents or grandparents

Illinois Human Rights Act Amendment

The CROWN Act, signed in June of 2022, amends the Illinois Human Rights Act’s definition of race. Beginning January 1, 2023, this law determines that the definition of race includes traits associated with race, including but not limited to hair texture and protective hairstyles such as braids, locks and twists.  Therefore, the Act will prohibit discrimination based on the basis of hairstyles typically associated with race.

Count on Us to Stay Compliant with Illinois Employment Laws

When you work with the team at Churchill, Quinn, Hamilton & Van Donselaar, Ltd, you’ll get a partner that you can depend on to keep you updated on applicable Illinois employment laws.  As 2023 rolls in, employers will need to modify existing policies to accommodate these new laws. As such, it’s the perfect time to review the rest of the employee handbook as well. We can help to ensure that your company is addressing essential topics that can impact business operations and security.

We are dedicated to protecting the interests of our business clients and have been a trusted member of our community for over 100 years.  Contact us at 847-223-1500 to learn how we can keep your business protected and compliant through continually changing legal requirements.

It’s that wonderful time of year when brisk winter days lead to outdoor fun!  If you love skating, you won’t want to miss a great upcoming event in the Grayslake community.  Churchill, Quinn, Hamilton & Van Donselaar, Ltd is a proud sponsor of this year’s Skate in the Park. This delightful skating event is brought to you by the Grayslake Area Chamber of Commerce and Glacier Ice Arena and will be held on January 14, 2023 at Gelatin Park in Grayslake, IL. Take advantage of this perfect opportunity to get together with family or friends and celebrate the wonder of the season.  And the best part is that it’s FREE to participate!

There will be fun for all ages with activities for all to enjoy, like games, food trucks and bon fires, to go along with the open skating and figure skating demonstrations. And if you don’t feel quite comfortable on skates, don’t worry.  You can grab a skating lesson or simply watch the professionals display their skills.

Event Location:

Gelatin Park

Grayslake, IL

January 14, 2023

Noon – 4:00PM

Skating Schedule for the Day:

12:15     Figure Skating – Glacier

12:45     Lessons by Glacier (20 Minutes)

12:45 Age 3 – 6

1:10 Age 7 – 10

1:30 Age 10 and Above

2:00        Open Skating

3:00        Puck Shooting Contest

3:30        Open Skating

Find additional information at the Grayslake Chamber of Commerce

 

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

Churchill, Quinn, Hamilton & Van Donselaar, Ltd proudly supports our community and has been an established source of legal guidance in Grayslake and the surrounding areas for over 100 years.   If you are a business owner, we can help with a wide range of services such as partnerships, succession planning, financing, litigation and more.  Individuals benefit from our expertise in estate planning and will preparation, real estate and zoning assistance, landlord-tenant disputes, personal lawsuits and so many other legal services.  Learn more about our professional areas of practice HERE and see why we remain one of the area’s most trusted legal sources.

The success of a business can often depend on proprietary company information remaining protected. After all, if a competitor gained access to a company’s trade secrets, that company could lose all leverage in the marketplace.  Information such as product design, business strategies, evolving technology and even operational procedures must be protected in order to secure the future of the business.  In order to accomplish this, a company can implement the following tactics.

Include non-disclosure agreements in employee agreements

A well-drafted employee agreement is essential when it comes to protecting sensitive company information.  One important component is the non-disclosure agreement, or NDA.  This NDA is a legally-binding contract in which the employee agrees to keep certain company information confidential. Some of the information that could be included in the agreement would be financial information, customer information or intellectual property such as copyrights, trademarks or technology.

Get non-compete agreements signed

Employees with access to confidential company information may be a cause for concern if they decide to go work for a competitor.  One way a company can protect itself from an employee sharing privileged information with the competition is to execute a non-compete agreement upon hiring.  This type of agreement states that an employee may not work for a direct competitor for a specified period of time after leaving a company.

It is important to note that the state of Illinois does have some restrictions when it comes to enforcing a non-compete agreement.  For instance, the Freedom to Work Act, which was enacted in January, 2022, prohibits this type of agreement for any employee with earnings of less than $75,000.  And the earnings threshold will gradually increase through January 1, 2037 eventually capping at $90,000. Trying to enforce a non-compete with an employee who does not meet the earnings threshold at the time of signing will render the agreement void and unenforceable.

Maintain appropriate company procedures

In order to keep company information protected, employers should maintain strict procedures and policies for their employees in regards to security. A few ways to accomplish this would include:

• Clearly identify what information is classified or confidential. This way, there is no confusion regarding the security of the information.
• Limit who has access to sensitive company information. Certainly, the fewer people with access to trade secrets, the better.
• Update electronic monitoring. In terms of access, employers should have the ability to monitor who accesses private company information. Also, employee login credentials should be updated regularly. This can lower the chance of others gaining or keeping unapproved access.
• Institute non-solicitation policies. These agreements limit the ability of employees to ask fellow employees to leave with them if they go to another company. Additionally, it restricts employees from contacting current clients after going to work for a competitor.

 Work with the right attorney to ensure legal protection

While the above tactics are very effective ways to protect confidential company information, if the documents are not prepared correctly, that protection is lost.  For example, nondisclosure agreements and non-compete clauses are often contested in court. And the employee will succeed if the wording is not precise, or even if the court finds the agreement unreasonable.  Our attorneys have extensive experience working to protect employers’ most protected trade secrets, as well as defending against claims for violating non-compete agreements or other types of restrictive covenants.  Contact us at 847-223-1500 to learn how we can help your company maintain control over critical proprietary information.

The holidays are a perfect time to show our love and appreciation for family, especially the older generations.  This season, when you are visiting with family, make sure to make this special time even more meaningful when you help them get important affairs in order.  Here are some of the most essential estate planning topics you should discuss in order to make sure they have the legal protection they need.

Make sure their will is in order

The most important thing you need to ask older family members is if they have a valid, signed will prepared.  If a person passes without a will, the state is left to decide what happens to their assets.  Even if they think they don’t have enough assets to matter, assure them that it does.  Also, make sure they choose a responsible estate executor to carry out the instructions in the will.  In the event that they prepared a will a long time ago, it is a good idea to review it with them to make sure they have nothing new to add or changes to make, and that the executor is still appropriate and able to meet the requirements of the role.

Talk about a POA for healthcare

There may come a time when your family member needs assistance making medical decisions. In this case, a properly executed power of attorney (POA) for healthcare can help to keep them safe. This POA can appoint a temporary guardian to help make important healthcare decisions for them if they become incapable of making them alone, due to an illness or injury.

Discuss the need for guardianship

Protecting our beloved family members gets even more crucial the older they get.  For example, there may come a time when an elder family member is no longer able to provide their own care. In that case, you or another family member may want to step in and seek legal custody.  Obtaining guardianship of an adult is a complex process with specific requirements.  It is always in the best interest of the adult if they are involved in the decision-making process, so family gatherings are a great opportunity to discuss their wishes.

Advise them on gifting strategies

Parents and grandparents may be looking to start distributing their assets now, while they can enjoy seeing them received.  This is especially true around the holidays.  But they need to understand that there are smart ways to gift in order to avoid issues like tax penalties.  Our attorneys can sit down with you and your family member and discuss important strategies to pass on assets in ways that benefit all involved parties.

Discuss succession planning for the family business 

Running a business is hard work. As the end of the year rolls around, older family members may be considering stepping away from the family business and letting the younger generations take over. However, this should be done only after careful planning.  There are many important issues to consider before transitioning leadership roles in order to keep the business running successfully. When the family is together this holiday season, make arrangements to meet with one of our experienced business attorneys to create a strategic exit strategy.

We can help finalize important details

Once you have opened these important discussions with your family members, you will likely need some assistance with the details. But even if you don’t have all of the answers, let them know that you will be there to support them and help them find the important information they need. Churchill, Quinn, Hamilton & Van Donselaar, Ltd has been a trusted member of our community for over 100 years and can help you draft important estate documents, establish practical estate planning strategies, protect the family business and so much more. In fact, with attorneys who specialize in business law, estate planning, real estate law and litigation, we can provide the assistance you need to protect your family now and in the future.  Contact our office to schedule a consultation by calling 847-223-1500.

 

An annual report is a comprehensive report that contains detailed information about a company’s activities and financial performance over the prior year. In Illinois, all corporations, LLCs, nonprofits, religious corporations and LPs are required to file an annual report.  As so many companies are required to prepare and file one, business owners must be aware of some key information.

Purpose of an Annual Report

An annual report is mainly used to convey financial and performance information.  However, it can also be used as a kind of advertising tool, with the ability to highlight specific achievements or goals that were met over the previous year.  This report can benefit different people in different ways. For example, shareholders and potential investors can use this information to make informed investing decisions.  On the other hand, employees and customers can review the report to understand the core values of the company or to get a better picture of its future goals.

What is Included in an Annual Report

The details of an annual report can vary by state but generally include the following information:

• Business name and address
• Registered agent name and address
• State of formation
• Date of formation
• Information about the corporate officers or directors
• Financial information, including profits and losses, income statement, balance sheet, cash flow statement and anticipated revenues and expenses
• Description of business activities, highlights, new products or services, achievements and future objectives

When Does an Annual Report get Filed

Because of its name, you may think that an annual report always gets filed once a year. You may also assume that the due date would be the last day of the year. However, neither of those assumptions are true in every state.  In fact, only 2 states specify a filing deadline of December 31 (Minnesota and Pennsylvania).  Each state actually has its own requirements for filing dates, which can also vary by the type of business entity. For example, in the state of Illinois, companies must file yearly prior to the first day of the anniversary month of the business. On the other hand, the law in Wisconsin states that businesses must file yearly prior to the last day of the quarter that contains the formation month.  While many states do require an annual filing, others only require it every 2 years. Or in the case of Pennsylvania, every 10 years.

What Happens if a Company Does Not File on Time

It is the responsibility of the business owner to understand their state filing requirements and to file their annual report on time.  Failure to do so can subject the company to fines or other penalties.  Additionally, a late filing can affect a company’s good standing with the state.  This can lead to further complications such as the risk of losing your business license or even the right to do business in that state or others.

Given the fact that filing an annual report can have such an impact on business operations, it is essential to complete it accurately and on time.  Churchill, Quinn, Hamilton & Van Donselaar, Ltd provides important legal support to our business clients, including assistance with preparing annual reports and other ongoing required documents to ensure that their business remains active without interruption. Our extensive experience in business law can help keep your company legally protected as you achieve your business goals.  Contact our Grayslake office to learn more by calling 847-223-1500.

One of the most important tasks in preparing an estate plan is naming a responsible estate executor to carry out the final wishes set forth in the will.  It is an honor to be asked to perform these duties for a loved one. After all, this means that they trust you to follow their instructions and distribute their assets as they see fit. However, the job can also have some unexpected drawbacks. Without question, you should consider these carefully before accepting the responsibility.

Time commitment

Being an estate executor can be a big job. Although most people understand that to some extent, they might not truly grasp how big of a time commitment it actually is.  Settling an estate involves organizing the estate documents, filing the will with the court, notifying all appropriate parties, taking inventory and determining the value of any assets, paying any debts or taxes owed by the estate and distributing the assets to the beneficiaries.

This can take many months to complete. In fact, in most instances an estate executor should expect to devote a year or more, depending on the size of the estate. Some of the tasks can be passed off to professionals to handle. And you can be compensated out of the estate’s assets for the time you do spend on the job.  But you should consider your other commitments before deciding if you can take on these added responsibilities.

Disputes are common

The death of a loved one can bring out the worst in people. And unfortunately, the estate executor often is the one who has to deal with it.  For instance, a beneficiary may feel that they are entitled to more than what was specified in the will.  But the executor’s job is to carry out the wishes of the deceased. They may also need to interpret the meaning of a direction in the will that others may disagree with.  Additionally, there are sometimes multiple executors named in the will. This can lead to disputes when the parties disagree with one another and can sometimes even require a court intervention.

An Estate executor can get sued

You might think that a person who voluntarily assumes the role of an estate executor would not be subject to legal action. Unfortunately, that is not the case. There are certain tasks that an estate executor is expected to complete. If a beneficiary feels the executor is not doing their job well, they can file a lawsuit against them for breach of fiduciary duty.  The reasons for the lawsuit might include such violations as not properly managing the estate’s assets, failing to pay the appropriate taxes, failing to provide proper financial information to the beneficiaries, or even showing favoritism to one beneficiary over another.

Even small estates can be complex

Those who take on the role of an estate executor thinking a simple estate will be an easy job can also be in for a surprise.  This is because complications can arise with even the smallest of estates. Of course, that is not always the case. And those who are lucky can get through the entire process without any major issues. But the more likely scenario is that somewhere along the way you will need some assistance.

Settling an estate can have many moving parts. In order to ensure that all laws are followed and the estate is settled properly, many estate executors will enlist the assistance of an experienced estate attorney like those at Churchill, Quinn, Hamilton & Van Donselaar, Ltd.  Our firm has represented our community for over 100 years. Estate law is one of our specialties. This means that we can help you prepare your own estate for your heirs, plus assist with preparing important documents such as wills, living wills, trusts, powers of attorney and more. And if you are serving as an estate executor, we can help you navigate the complex process and relieve some stress of the responsibility.  Contact our Grayslake office at 847-223-1500 to learn more.

Injuries that occur on the job are common. But filing a workers’ compensation claim for a job injury is not always straightforward. And unfortunately, a claim that is not submitted or processed properly can result in a denial of benefits. Working with an attorney who is experienced in job injury claims can help in the following ways:

Organizing Medical Evidence

A job injury claim must be accompanied by appropriate evidence to support the claim. In fact, lack of sufficient evidence is one of the main reasons this type of claim will get denied. But understanding what qualifies as appropriate supporting evidence is not always easy.  Medical records can be confusing and there may be multiple medical providers involved.

A qualified attorney can help you gather the right medical records in order to present a strong case. Additionally, they can speak with the appropriate medical providers in order to gain a clearer understanding of the injuries and follow-up care that will be required. To further support your case, they might investigate with coworkers or other experts to prove that the fault lies with the employer.

Negotiating a Job Injury Settlement

A settlement offer should be thoroughly negotiated with careful consideration of all factors involved. Insurance companies will typically try to understate the severity of a job injury claim and make an initial settlement offer that is much lower than is reasonable.

Your attorney is there to represent your best interests and negotiate the highest award possible. In this respect, they will consider important factors such as the full extent of your current injuries as well as how they could limit your abilities in the future. Also, they must analyze how your injury will impact your current and future potential earnings, especially if it is a long-term or permanent disability. An experienced attorney can be much more effective at successfully negotiating a settlement than trying to navigate this process on your own.

Representing You in Court

If you are not able to reach a fair settlement, you will need an experienced attorney to represent you in court.  Escalating your case through the court system is not something you should take on alone.  There are specific rules and procedures that must be followed in court. With this in mind, it is most effective to work with an attorney who is familiar with court proceedings. They can complete the proper discovery work ahead of time, present your case in court, examine witnesses, and truly represent you in the best way possible in order to reach a successful outcome.

At Churchill, Quinn, Hamilton & Van Donselaar, Ltd., our experienced attorneys understand the seriousness of a job injury claim.  We will help you throughout the entire process to reach the most equitable settlement possible. Additionally, we are proficient in and out of the courtroom, and can help escalate your case through an appeal if necessary.  Contact our Grayslake office at 847-223-1500 to learn more or to schedule a consultation.

A business loan can be a very important resource for business owners. These types of loans are often used to obtain necessary funds to open or expand a business. But while business loans are typically easy to find, they are not always easy to qualify for. Unfortunately, many business owners lack proper understanding of the loan process. Therefore, they are often not properly prepared when they submit their application.  Here are some common reasons for getting denied for a business loan, along with ways to overcome these challenges.

Poor credit history

One of the most important qualifiers a bank uses when evaluating a business loan application is the borrower’s credit history.  They look at a number of factors, often paying particular attention to the overall credit score and payment history on both open and past accounts. Additionally, they can look at how long accounts have been established, current balances, collection accounts and more.

It is important to note that banks can deny a business loan application based on the credit history of the business as well as the borrower’s personal credit history. Therefore, it is important to check your own credit before applying. This way, you can clear up any collections and get any inaccuracies corrected before a bank pulls your credit report.

Disorganization

Securing a business loan approval takes a lot of organization. Lenders will require a lot of details and documents regarding your business. They need this information in order to assess your level of risk and determine if a loan is a reasonable investment.  Therefore, it is very important to spend the time gathering what is required, no matter how much effort it takes.

Before submitting the loan application, make sure to track down each and every bank statement, tax document, business license and any other document the bank asks to see.  Additionally, prepare a thorough business plan which details exactly what you want the money for. Getting yourself organized and preparing a complete application package could mean the difference between an approval and a denial.

Limited cash flow

Cash flow is the measure of how much cash you have on hand to pay back a loan. In simple terms, it is what is left after you pay all of your normal daily business expenses. Sufficient cash flow shows that your business brings in enough money to cover the costs of any current debt your business has in addition to the cost of a new loan.  For this reason, cash flow is usually one of the first things a lender looks at when determining a business’ eligibility for a loan.

There are a few ways to improve your cash flow picture, and therefore increase your chances of getting a business loan approval. First, you can increase your net income. Second, you can try to decrease your business expenses. The third, and most common, solution is a combination of these two. New businesses, and businesses looking for funds to expand their operations, will need to rely on estimated cash flow projections. Without a financial history, these projections need to be as reasonable and accurate as possible.

Not understanding the complex small business loan process

The process of applying for a business loan can be quite confusing and overwhelming to small business owners. To this end, many loans get denied simply because the applicant did not follow the correct procedures. The solution to this common challenge is to work with an experienced attorney who understands the business loan application and approval processes.  For example, our attorneys have assisted business clients of all sizes obtain the financing they need through our decades of experience navigating the complicated procedures.  We can help you analyze the many available programs to determine the best possible options. And we can provide valuable guidance for proper preparation before applying.  Additionally, we can assist with thoroughly reviewing the application before submission. In the event of a denial, we can suggest possible alternative funding options.

Contact Churchill, Quinn, Hamilton & Van Donselaar, Ltd at 847-223-1500 to learn more about our comprehensive legal services for businesses or to schedule an initial consultation.

When it comes to estate planning, many people choose to take matters into their own hands, rather than working with an experienced estate planning attorney.  One reason for this may be the misconception that any estate document can be readily found online, with easy fill-in-the-blank formats. Another common occurrence is that people forgo estate planning altogether, believing that it is not necessary or that they are not wealthy enough to warrant any in-depth planning.

Unfortunately, this leads to many people not being properly prepared while they are living, or leaving loved ones in a tricky situation after they pass.  Whatever your age or income level, it is so important to have certain estate documents prepared properly by a professional.  Working with an experienced estate attorney can provide the following important advantages:

Important Estate Documents are Customized

It’s true that you can find just about anything online, including wills, powers of attorney and more.  But DIY forms are just not appropriate for something as important as estate documents. These standard forms are meant to be widely universal and therefore do not take into account your personal needs. When you work with one of our estate planning attorneys, they will make sure your plan takes into account your individual needs and concerns, based on your age, your plans for your assets now and in the future, your family structure and your wishes for after you pass.

Legal Compliance

In matters of wills and estate distribution, documents that are not legally compliant can cause so much extra time, expense and frustration to loved ones that are trying to settle an estate.  If a document such as a will has not been prepared or executed properly, it can leave the door open for people to contest it, causing delays in the distribution of assets to heirs, and possibly preventing a person’s final wishes to be carried out as they had intended.  Working with an experienced attorney who is well-versed in the appropriate laws will bring you peace of mind that your estate will be in order when the time comes.

Estate Documents Change as your Life Changes

As previously mentioned, standard DIY forms are made to generally accommodate everyone (which actually makes them not very good for anyone).  Each person is different. And even individual estate plans will change over time as life circumstances change.  As you go through the stages of life, such as moving out on your own, marriage, starting a family, starting or selling a business, retiring and planning for the end, your estate plan should be modified to meet each new demand.  Your attorney can help guide you through these changes and make practical recommendations based on their experience.

Expert Legal Advice when Making Decisions

Estate planning decisions are not always straightforward.  In fact, these decisions can be rather complex at times based on your individual needs.  The wrong decision can have unintended consequences so it is always best to work with an attorney who has solid experience in this area of law.  The attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd will perform a thorough review of your assets, your goals and your intentions for your beneficiaries and will develop an estate plan based on your individual circumstances. Contact our Grayslake office at 847-223-1500 for information and to schedule a consultation.