Don’t Risk Leaving for College Without These 5 Legal Documents

Discover the most important legal documents every college-bound student should have, and why working with an experienced attorney is so much better than relying on generic online forms.

college legal documents

Sending a child off to college is an exciting time in life, but it also marks a legal turning point – once your child turns 18, they are considered an adult in the eyes of the law. This means parents lose their automatic rights to access medical, financial, and even academic information unless certain legal documents are in place. Without these documents, you may be powerless to help your child in an emergency or even discuss their health or academic status with professionals.

Below are the most important legal documents every college-bound student should have, and why working with an experienced attorney is so much better than relying on generic online forms.

Key Legal Documents Every College Student Needs

  1. Medical Power of Attorney (Health Care Proxy) – This document allows your child to appoint someone – usually a parent or trusted adult – to make medical decisions on their behalf if they are unable to do so. Without it, you may not be able to access their medical records or speak with doctors during a health crisis due to privacy laws like HIPAA.
  1. HIPAA Authorization Form – HIPAA laws protect a person’s private medical information. A HIPAA release form allows healthcare providers to share information with the individuals your student names – usually their parents. Without this document, even in an emergency, doctors may not be able to tell you anything about your child’s condition.
  1. Durable Power of Attorney (Financial) – If your child becomes incapacitated, this form gives a designated person the authority to handle financial matters on their behalf, like managing a bank account, signing a lease, or dealing with tuition or insurance issues.
  1. FERPA Release Form – Just because you pay their college tuition, it does not automatically give you the right to access educational information. This is due to The Family Educational Rights and Privacy Act (FERPA) which protects your child’s education records. With a FERPA release form, your student can give you permission to access grades, disciplinary records, or financial aid information if needed.
  1. Living Will – This important document protects your child in the event that they become unable to communicate their wishes for medical treatment. The living will details their decisions regarding specific treatments and procedures, including decisions about CPR, ventilators and other life-sustaining measures.

Our Experience Will Protect your College Student More Comprehensively than Online Forms Would

Online legal forms are available, and may seem convenient and affordable. However, they come with significant risks when it comes to your child’s health and safety. Some risks that you assume when using online forms include:

  • Compliance issues – Online forms may not comply with specific state laws, which can render them invalid or unenforceable.
  • Incomplete protection – Generic forms often miss important clauses or fail to address unique family circumstances, which can leave dangerous gaps in coverage.
  • Execution errors – Mistakes in signing, witnessing or notarizing documents can make the forms invalid.

Working with one of our experienced attorneys to have these important legal forms completed can provide the essential coverage your family needs when your child heads off to college and can provide important benefits such as:

  • Ensuring all documents are valid and enforceable according to state law
  • Providing valuable advice to tailor the documents to address your unique specifications and family needs
  • Preventing costly mistakes and legal complications during critical times
  • Providing peace of mind that your child has the legal protection they need when they are on their own, and knowing that you can help in case of an emergency.

Reach out soon at 847-223-1500 to make sure you get these forms completed before they head off on their new college adventures!

2025 Grayslake Craft Beer Fest: Sips for Scholarships Supports Local Students

Grayslake Craft Beer Fest

Beer lovers, mark your calendars – one of the premier craft beer festivals in the area is back! The Grayslake Sips for Scholarships Craft Beer Festival is returning with all the food, entertainment and, of course, BEER, that you look forward to each year. This event is brought to you by the Exchange Club of Grayslake and the Grayslake Chamber of Commerce – and Churchill, Quinn, Hamilton & Van Donselaar, Ltd. is once again a proud sponsor.

Craft Beer Fest Event Information

Date: Saturday, June 14, 2025

Time: 12:00PM – 5:00PM

Location: Grayslake Festival Grounds

33 S. Whitney St., Grayslake, Illinois, 60030

Age Requirement: This event is 21+ ONLY and will be strictly enforced. No children, strollers or pets are allowed.

What to Expect

This festival is a true celebration of local and regional craft brewing talent and features an impressive selection of craft beers, classic ales, lagers, stouts, and more from over 50 of the region’s finest brewers. Whether you’re a dedicated craft beer connoisseur or simply looking to explore new flavors, there’s something for everyone.

  • Regular Admission includes craft beer samples, a commemorative glass, a festival program, and access to live entertainment and food vendors from 1PM – 5PM.
  • VIP Admission gets you early access to the festival at Noon, samples of craft beer, a commemorative glass and program, and use of a special VIP lounge area with free appetizers and a separate restroom.

Secure your tickets early for discount pricing! Choose your tickets here: https://events.beerfests.com/e/grayslakebeerfest/tickets

Supporting a Worthy Cause

Not only is this event a super fun way to spend an afternoon, but the net proceeds of the event support scholarships to Grayslake students. This is a staple of the event and one of the biggest reasons we look forward to sponsoring it each year. Last year $28,000 was awarded to the community due the event and we hope that amount just continues to grow. Come on out and help support our students!

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.

 

5 Essential Components of Residential Real Estate Contract Negotiations

Here are some key elements you should pay attention to during contract negotiations and why working with a real estate attorney is a smart move.

real estate contracts

Buying or selling a home is often one of the biggest financial decisions a person will make, so real estate transactions should be navigated carefully. Negotiating the terms of the contract is one of the most critical stages of any real estate deal. Here are some key elements you should pay attention to during contract negotiations and why working with a real estate attorney is a smart move.

Purchase Price and Earnest Money

Perhaps the most obvious term in a real estate contract is the purchase price, but that is just the beginning. For example, buyers often include earnest money deposits as a show of good faith. The contract should clearly state the minimum acceptable amount, as well as what happens to those funds if the deal falls through. Negotiating these terms upfront helps prevent surprises later.

Contingencies in the Real Estate Contract

Contingencies give buyers and sellers a legal way out of the contract under certain conditions. Common contingencies include:

  • Financing Contingency – Protects the buyer if they’re unable to secure a mortgage.
  • Inspection Contingency – Allows a buyer to back out or renegotiate based on the results of a home inspection.
  • Appraisal Contingency – Gives the buyer the right to cancel without penalty if the home appraises for less than the agreed price.
  • Home Sale Contingency – Allows buyers the opportunity to withdraw from the contract if they cannot sell their current home within a specified time period.

Negotiating the timelines and conditions of these contingencies is crucial to keeping the deal fair and balanced for both parties.

Closing Date and Possession Terms

The closing date isn’t just about when money changes hands. It also determines when the buyer takes legal ownership of the property. Possession may be the same day, or delayed depending on the seller’s needs. All of this should be clearly laid out in the real estate contract to avoid confusion or last-minute disputes.

Included and Excluded Items

What stays and what goes must be clearly defined in the contract to avoid any confusion. For example, light fixtures, appliances and window treatments may seem like they come with the home, but unless they’re specified in the contract, they might not. Negotiating the list of included items upfront ensures everyone is on the same page at closing.

Repairs and Credits

After the inspection, buyers may request repairs or a credit to address certain issues. This can turn into a new round of negotiations. A well-drafted real estate contract will outline how repair requests should be handled and whether the seller must complete them before closing or provide a credit instead.

Working with Churchill, Quinn, Hamilton & Van Donselaar, Ltd for your Real Estate Transaction

Real estate agents might understand pricing, marketing, and even some negotiation strategy, but they are not licensed to give legal advice. That’s where one of our expert real estate attorneys becomes invaluable. Here’s why:

  • Legal Protection – We understand the legal language and implications of each clause in the contract. We can spot red flags and help protect your interests.
  • Customized Advice – Unlike pre-filled forms, our attorneys can draft or modify terms to fit your unique situation.
  • Closing Support – We can help review or prepare closing documents, explain settlement statements, and ensure that title and ownership issues are resolved.
  • Problem-Solving – If any issues arise, like title defects, zoning questions, or unexpected legal complications, we can address them quickly and effectively.

As the real estate season heats up, be sure to reach out to us at 847-223-1500 early in your process so you have proper legal support through the entire transaction.

 

Clarifying the Appeals Process: 6 Basic Questions Answered

There IS hope when a court ruling doesn’t go your way. There are some cases that warrant another look, in the hopes of receiving a better outcome. The best way to begin is to learn the basics of the appeals process. Here’s what most people want to know.

appeals process questions

When a court decision doesn’t go your way, it can be very disappointing and confusing. You might feel like justice wasn’t served and wonder what you can do next. The appeals process can be complex, so understanding the basics is important. The following are some of the most common questions people have about appealing a court’s decision.

What is an appeal, and how is it different from a trial?

An appeal isn’t a retrial. Rather, it’s a review of the lower court’s decision by a higher court. Instead of presenting new evidence or witnesses, the appeal focuses on whether the lower court made legal errors that significantly impacted the outcome. This could include mistakes in applying the law, procedural errors, or improper rulings on evidence.

What circumstances would allow me to file an appeal?

You cannot file an appeal just because you don’t like the original ruling. Successful appeals typically rely on proving that the lower court committed a legal error. Common grounds for an appeal include:

  • Legal Errors – These include misapplications of the law during a trial. For example, the judge may have misinterpreted or incorrectly applied the law, ignored important legal arguments or failed to consider significant evidence.
  • Procedural Errors – Mistakes that occur during proceedings can result in an unfair trial and might include improper admission or exclusion of evidence, due process violations or errors in jury instructions.
  • Inadequate Representation – A defendant has a right to effective representation, so if they feel that their attorney failed to provide that, they might be allowed a new trial with a new opportunity to be properly represented.
  • Unreasonable Verdict – If the judge made a decision that was unreasonable or arbitrary, meaning it was not supported by the evidence presented by both parties, it can be grounds for an appeal.
  • Miscarriage of Justice – This means that the outcome of the trial was unfair, such as a person being convicted and punished for a crime they did not commit. These wrongful convictions can occur because of judicial bias, false testimony or other improper behavior during the proceedings.

How long do I have to file an appeal?

The appeals process has strict rules that must be adhered to. Deadlines for filing an appeal vary depending on the jurisdiction and the type of case. In most cases, you must file a notice of appeal within 30 days of the final judgment. Missing this deadline can result in losing your right to appeal, so it is crucial to act quickly.

What is the appeals process like?

The appeals process generally involves:

  • Filing a notice of appeal within the prescribed deadline.
  • Ordering and preparing the trial transcript.
  • Writing and filing legal briefs that outline the legal arguments for the appeal.
  • Oral arguments before the appellate court (in some cases).
  • The appellate court issuing a written decision.

What are the possible outcomes of an appeal?

The appellate court can:

  • Affirm the lower court’s decision, meaning it agrees with the ruling.
  • Reverse the lower court’s decision, meaning it overturns the ruling.
  • Remand the case back to the lower court for further proceedings.
  • Modify the lower court’s decision, meaning it changes certain aspects of the ruling.

Is it necessary to work with an attorney for an appeal?

While you are not legally required to have an attorney to file an appeal, working with an experienced appellate lawyer significantly increases your chances of success. The appeals process is highly technical, requiring strong legal writing and in-depth knowledge of appellate law, so an attorney plays an essential role in guiding you through the process.

At Churchill, Quinn, Hamilton & Van Donselaar, Ltd., we have a vast understanding of appellate law and have represented clients in appeals to the appellate court districts for the State of Illinois, the Illinois Supreme Court, the Seventh Circuit Court of Appeals and the United States Supreme Court. When working with our team, we will:

  • Assess the merits of your appeal.
  • Identify and articulate legal errors.
  • Prepare compelling legal briefs.
  • Effectively present your case before the appellate court.
  • Ensure all deadlines and procedures are met.

 Reach out for additional information or to schedule a consultation by calling 847-223-1500.

For Sale by Owner (FSBO): Protect Yourself from these 5 Legal Risks

FSBO legal assistance

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.

 

Building a Better Future through Habitat for Humanity: CQHV Gives Back

Mark Van Donselaar was able to take part in a local ground breaking ceremony for a new Habitat for Humanity home. Learn more about his contribution and the organization’s mission here.

habitat for humanity project

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.

Protect a Growing Business with these 6 Smart Legal Strategies

Here are some of the biggest legal issues growing businesses face—and why you shouldn’t tackle them alone.

growing business

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.

7 Crucial Components of Construction Contract Negotiations

A well-drafted construction contract is the foundation of a successful project. Here are the key legal concerns to consider when drafting a construction contract and why working with an experienced attorney is crucial.

construction contract

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.

An Insider’s Guide to Contesting a Will: 5 Reasons an Attorney is Essential

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.

contesting a will

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 ClaimWe 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.

Podcast Interview Part 2: More Interesting Tales from Robert Churchill

Bob Churchill is continuing the story of his history with Grayslake in this follow-up to the original podcast interview that aired in November. Listen in as he talks about some of his most interesting, challenging and surprising cases.

podcast interview part 2

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

 

Employee Handbook Review: 4 Ways to Protect Your Business

Taking the time to review the employee handbook can be a smart strategy to maintain a productive and compliant workplace.

employee handbook review

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.

6 Essential Estate Goals Every Family Should Set for the New Year

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.

Estate plan for new year

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.

5 Year-End Strategies to Settle Outstanding Business Debts

Whether you’re closing out the year or setting goals for the new one, we’ll provide guidance and support to recover what you’re owed and protect your bottom line.

recover business debts at year end

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.

Smart Gifting Strategies for the Holiday Season

There can be unintended consequences if donations are not done in the right way. Discover these helpful tips for getting the most out of holiday gifting.

holiday gifting strategies

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.

 

5 Simple Steps to Avoid the Probate Process in Illinois

Here’s a simple breakdown of what probate is, how it works in Illinois, and the steps you can take to bypass it altogether.

avoid probate process in Illinois

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.

Illinois Employers Must Know How to Navigate These 3 Legal Risks

Workplace legal concerns for employers

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.

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