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It is definitely an exciting time as your child prepares to head out on their new college adventure. However, amidst all the preparations, it is important to remember one critical aspect that often gets overlooked: legal protection. Once your child turns 18, they are legally considered an adult, which brings about significant changes in how you can assist them in medical and financial matters. To ensure you can continue to provide the support your child needs, whether they are down the road or across the country, it is essential to prepare  two specific legal documents before they leave.

Medical Power of Attorney

A Medical Power of Attorney (MPOA) is a legal document that allows your child to designate a trusted person, usually a parent or guardian, to make healthcare decisions on their behalf if they become incapacitated or unable to communicate their wishes. If your child were to end up in the hospital while at college, this document could ensure that you could provide medical directives on their behalf if they are unable to. Without an MPOA, you might face significant hurdles in accessing medical information and making decisions, even in emergencies.

General Durable Power of Attorney

A General Durable Power of Attorney (GDPOA) grants someone the authority to manage your child’s financial affairs, including handling bank accounts, paying bills, and managing investments, especially if they are unable to do so themselves. In short, this document gives you the authority to make financial decisions on your adult child’s behalf if they become ill or disabled and need help. This could be crucial in ensuring that essential financial matters such as rent, tuition or unexpected costs are taken care of without unnecessary delays.

Work With Us for Peace of Mind

Online POA templates do exist, but working with Churchill, Quinn, Hamilton & Van Donselaar, Ltd. to customize them can be an essential part of keeping your child safe while they are away. Every family is different and our consultations help ensure that your documents are personalized to address any issues or circumstances that are specific to your family. And most importantly, we will make sure that your forms are drafted accurately, reflect your child’s wishes and are in compliance with all state laws.

Knowing that you have the proper legal documents in place before your child leaves for college provides peace of mind for both you and your child. In the event of a medical emergency or financial issue, you can act swiftly and confidently, knowing that you have the legal authority to do so. Contact us at 847-223-1500 to schedule an appointment.

This year’s Grayslake Summer Nights brings back the epic street party that is the blast of the summer, and Churchill, Quinn, Hamilton & Van Donselaar, Ltd is excited to be a sponsor!  Come on out and watch local musicians battle it out for the chance to perform at the Grayslake Summer Fest event taking place later in the summer and the amazing $1,000 pay that goes along with it. The event is brought to you by the Grayslake Chamber of Commerce and is always a great time.

Grayslake Summer Nights Activities

The highlight of this event is, of course, the incredible battle of the bands that brings out some of the most talented local solo artists and bands from Lake County and surrounding areas. The live music competition will take place on two entertainment stages, because there’s just too much talent to fit it all on one stage! No outside food or drink is permitted, but that’s ok – there will be plenty of food, beer, local vendors and more once you get into the event.

Event Details

Date: Grayslake Summer Nights will be held on Saturday, July 20, 2024

Time: 5:00pm – 11:00pm

Location: Center Street between Slusser& Seymour in historic Downtown Grayslake

Cost:  FREE

Fun for the Whole Community

This is one of those events that we love to sponsor because it is such a great way to get the community together for some good, wholesome FUN for all ages. And there is no cover charge, which means the musical festivities are accessible to all. Come cheer on your favorite act, discover a new talent, or simply show support for members of your community that have worked hard to bring you the best entertainment possible.

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.

Are you ready for a night of fun, nostalgia, and community spirit? We are thrilled to invite you to the “Movies Off Center” outdoor movie night, hosted by the Grayslake Heritage Center & Museum and proudly sponsored by Churchill, Quinn, Hamilton & Van Donselaar, Ltd! Bring your family, friends, and neighbors to enjoy the 1978 classic “Grease” in the great outdoors. Here’s everything you need to know to make the most of this exciting event.

Movie Night Details

Date: July 16, 2024

Time: Dusk (movie run time is approx. 1 hr and 50 min)

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

Feature Film: Grease (1978) – Billed as the most successful movie musical of all time, this film tells the story of wholesome exchange student Sandy Olsson and greaser Danny Zuko, and how their summer romance turns complicated as they unexpectedly end up at the same high school. Can they overcome their differences and clashing social cliques to find their happily ever after?

Admission: FREE!

Tips for a Most Enjoyable Event

An outdoor movie night is a great way to spend a summer evening with family or friends. To make the most out of the event, it’s always best to come prepared.

• The weather in our area can be unpredictable at times, so dress in layers in case it gets chilly.
• Bring a comfy chair and maybe a blanket to wrap up in.
• Come out early and enjoy a delicious dinner at one of our community restaurants before the show. And don’t forget the snacks in case you get hungry watching all that singing and dancing on the screen.

Churchill, Quinn, Hamilton & Van Donselaar, Ltd Supports our Community

We believe that an outdoor movie night is more than just watching a film. It’s a chance to connect with neighbors, make new friends, and strengthen our community bonds. We are committed to creating a welcoming and inclusive environment for everyone and look forward to seeing you there.

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.

Navigating the complexities of inheritance law can be overwhelming, especially during times of emotional stress. In order to simplify some key aspects of inheritance law in Illinois, the following will provide essential information along with answers to common questions.

Basic Information About Inheritance Law in Illinois

Inheritance laws determine how a deceased person’s assets are distributed among heirs and beneficiaries. In Illinois, these laws are outlined in the Illinois Probate Act. Here are the fundamental aspects everyone should know:

Wills and Probate

• Wills – A will is a legal document that states how a person’s assets should be distributed after their death. In Illinois, for a will to be valid, it must be in writing, signed by the testator (the person making the will), and witnessed by at least two credible witnesses.
• Probate – This is the legal process through which a deceased person’s will is validated, and their estate is distributed. If a person dies without a will (intestate), the probate court will appoint an administrator to distribute the assets according to state law.

When There is No Will

If someone dies without a will in Illinois, their assets are distributed according to intestate succession laws. Here is a basic rundown:

• Surviving spouse and descendants: The spouse gets half of the estate, and the descendants share the other half.
• No descendants but a surviving spouse: The spouse inherits the entire estate.
• No spouse or descendants: The estate goes to the deceased person’s parents and siblings.
• No immediate family: The estate is distributed to more distant relatives according to a specified order of priority.

Common Questions About Inheritance Law in Illinois

How long does the probate process take in Illinois?

The duration of the probate process can vary widely. It typically takes six months to a year, but complex estates can take longer. The process includes validating the will, identifying and inventorying the deceased’s assets, paying debts and taxes, and distributing the remaining assets.

Are there any assets that do not go through probate in Illinois?

Yes, according to Illinois inheritance law certain assets can bypass the probate process, including:

• Jointly owned property: Automatically passes to the surviving owner.
• Life insurance policies: Paid directly to named beneficiaries.
• Retirement accounts: Distributed to designated beneficiaries.
• Payable-on-death accounts: Transferred directly to the named beneficiaries.

 Can a will be contested in Illinois?

Yes, a will can be contested on several grounds, such as:

• Lack of proper execution: The will was not signed or witnessed correctly.
• Lack of testamentary capacity: The testator did not have the mental capacity to make the will.
• Undue influence: The testator was coerced or manipulated into making the will.
• Fraud: The will was forged or the testator was deceived.

What are the responsibilities of an executor in Illinois?

The executor, named in the will, has several duties, including:

• Filing the will with the probate court.
• Notifying heirs and creditors.
• Managing the estate’s assets.
• Paying the estate’s debts and taxes.
• Distributing the remaining assets according to the will.

How can I avoid probate in Illinois?

There are several strategies to avoid probate, such as:

• Creating a living trust: Assets in the trust are not subject to probate.
• Joint ownership: Owning property jointly with rights of survivorship.
• Beneficiary designations: Naming beneficiaries on retirement accounts, life insurance policies, and payable-on-death accounts.

Our Expert Team can Provide Peace of Mind

Understanding inheritance law in Illinois is crucial, whether it is to ensure that your own wishes are honored, to make sure loved ones are taken care of after your passing, or to help settle the estate of a loved one after they pass. Knowing the basics can help you make informed decisions, but working with an experienced estate attorney can definitely make the entire process easier. Illinois inheritance law is complex and the attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd have deep expertise in this area. We help to ensure each of our clients gets the personalized attention they need to develop the right estate plan for their needs, as well as assist those dealing with the death of a loved one. Reach out to our office at 847-223-1500 to schedule a consultation.

The thrill of finding your dream home or a perfect investment property can quickly turn into a nightmare if you fall victim to a real estate scam. Unfortunately, fraudsters are lurking in every corner of the market waiting to take advantage of unsuspecting prey. Whether you’re buying, selling, or renting, it’s crucial to be aware of these scams to protect your investment and your peace of mind. Here are some of the most common real estate scams as well as tips on how to steer clear and protect your hard-earned money.

Red Flags: Warning Signs of a Scam

Spotting a scam before it’s too late is essential, so knowing the possible signs of a scam is your first line of defense. Here are some red flags to watch out for:

• Unrealistic Deals: Be wary of listings offering dream properties at unbelievably low prices. If it sounds too good to be true, it probably is.
• Pressure Tactics: Legitimate transactions involve time for due diligence. Scammers pressure you to rush into decisions, often with the excuse of high buyer interest.
• Wired Funds Requests: Never send money via wire transfer to someone you haven’t met or verified through a reputable source.
• Lack of Documentation: Always ask for proper documentation, like titles, inspection reports, and lender information.
• Unfamiliar Individuals: Be cautious of unsolicited calls, texts, or emails from people claiming to be agents, lenders, or buyers. Verify their credentials through trusted sources.

Common Real Estate Scams to Watch Out For

Scammers come up with new schemes all the time, and it is difficult to keep up with all of them. However, some of the most common ones include:

1. Wire Fraud: In a wire fraud scam, scammers hack into email accounts of real estate agents or title companies. They monitor transactions and, at the critical moment, send fake instructions to homebuyers, directing them to wire money to the scammer’s account.

How to Avoid it:

• Verify instructions – Always verify wire instructions via a phone call to a known number, not the one provided in the email.
• Be skeptical of changes: Be wary of any changes in wiring instructions or recipient information
• Use secure email: Ensure your email and the email of your real estate agent are secure

2. Rental Scams: Scammers post fake rental listings online, often at attractive prices. When prospective renters show interest, they are asked for personal information or to wire a deposit without having seen the property.

How to Avoid it:

• Verify listings: Use reputable websites and check for duplicate listings with different contact information.
• See the property: Never send money before visiting the property and meeting the landlord or property manager in person.
• Beware of suspicious activity: Be cautious of landlords who are out of the country or can’t meet you in person.

3. Foreclosure Relief Scams: These scams target homeowners in distress, promising to negotiate with lenders to save their homes from foreclosure for an upfront fee. Once paid, the scammer disappears, providing no service.

How to Avoid it:

• Verify credentials: make sure to verify the company through the Better Business Bureau and other online reviews.
• Contact your lender: the best course of action is to work directly with your lender, as they are usually the only ones who can truly help work out a solution, such as lower payments or forbearance

4. Title Fraud: Scammers steal property by forging transfer documents and illegally transferring the title to themselves. They then sell or mortgage the property without the owner’s knowledge.

How to Avoid it:

• Monitor title: Regularly check your property title for unauthorized changes.
• Title insurance: Purchase title insurance to protect against potential fraud
• Be cautious with personal information: Protect your personal information to prevent identity theft.

Protect Yourself

Along with the previously mentioned red flags to watch out for, there are some additional ways you can stay safe when it comes to real estate transactions:

• Never wire money unverified: Always confirm wiring instructions directly with the title company or escrow agent in person or over a verified phone number.
• Do Your Research: Independently research properties and never rely solely on information provided by sellers or agents.
• Trust Your Gut: If something feels off, don’t hesitate to walk away. It’s always better to be safe than sorry.

Of course, one of the most important ways to protect yourself when it comes to a real estate deal is to work with one of our experienced attorneys. At Churchill, Quinn, Hamilton & Van Donselaar, we are here to protect your interests and help to ensure a successful transaction, from contract negotiations through the closing and beyond. Contact our office at 847-223-1500 to schedule a consultation or for additional information.

Get ready for a fun-filled day packed with incredible art and amazing wine! It’s time once again for the Grayslake Arts Festival & Wine Tasting event. Churchill, Quinn, Hamilton & Van Donselaar, Ltd is again a proud sponsor of this annual event taking place on June 8, 2024 and brought to you by the Grayslake Area Chamber of Commerce.

Grab the family and peruse the juried art exhibition to discover a variety of unique works by talented local artists. This juried arts festival requires that the artists qualify in order to showcase their works in this event. That means you get to see the very best that the area has to offer. And if you’re lucky, you might even find the perfect piece to bring home to add to your personal collection.

This event has more than just brilliant works of art – the over 21 crowd can also enjoy sampling a wide variety of delicious wines from local wineries. There are plenty to choose from and you can even go home with a fun souvenir glass as a way to remember the great times shared by all!

Don’t miss out on this great opportunity to spend the day with friends or family discovering a new favorite work of art or wine selection. Here are some important details about the event:

Arts Festival & Wine Tasting Event Details

Date and Time:

Saturday Jun 8, 2024
10:00 AM – 4:00 PM CDT

• 10-4pm – Arts Festival
  12-3pm  Wine Tasting

Location:

Whitney Street – behind the Village Hall
Grayslake

Cost:

This event is FREE to attend, but there is a cost to take part in the wine tasting:

Wine tasting $25 advance tickets – includes a souvenir glass along with 5 tastings.
Wine tasting at the door $30

Visit the official chamber website for more information and to purchase advanced wine tasting tickets: https://grayslakechamber.chambermaster.com/events/details/arts-festival-and-wine-tasting-1563?calendarMonth=2024-06-01

 

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

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.

Running a small business is a challenging task and business owners tend to wear many different hats. And while they can often effectively manage a multitude of projects, taking on the role of a business attorney is usually not a good idea. As prepared as a business owner thinks they are, there are always those surprising moments when a legal issue can arise and can put the business in jeopardy. For that reason, small business owners should always have an experienced business attorney that they work with who can provide them with important legal advice and guidance.

Most business owners do understand the value of legal advice, but there are some situations where seeking the help of a business attorney may not immediately come to mind. Here are a few surprising examples of when a small business owner might need the help of a business attorney:

Properly Negotiating Contracts

Landing a major client is a win! But while it might be tempting to quickly close the deal, their contract might be full of hidden clauses or unreasonable terms. An experienced business attorney can dissect the contract, negotiate on your behalf to ensure a fair agreement, and protect your business interests in the long run. Don’t rely on cookie cutter forms or thinking you know your business well enough to negotiate on your own behalf. The fine print in a contract is binding, and signing without understanding it can result in a costly mistake for the business.

Customer Disputes

That old saying that the customer is always right sometimes gets taken to the extreme by certain patrons. But clear communication and good customer service skills do not always resolve the situation. And unfortunately, not giving in to unreasonable requests by a customer can quickly escalate. In these cases, it is wise to put emotions aside and hand over the issue to your qualified business attorney. Our attorneys will help you understand your legal obligations, assess potential risks associated with the dispute, negotiate on your behalf or guide you through formal dispute resolutions or court proceedings if necessary.

Choosing the Correct Business Structure

There is a lot of information online about the various business structures. As a business owner, if you’ve done your research you may feel confident in making that decision on your own. But it’s important to be truly sure, since it can have a significant impact on your business if you choose the wrong one. In fact, the business structure you choose influences everything from day-to-day operations, to taxes and how much of your personal assets are at risk. Our expertise in these matters can help you anticipate the hurdles you might face that would impact your decision of business structure.

Work With a Business Attorney you can Trust

There are so many unexpected challenges that can come up during the course of doing business and we’ve seen our clients get faced with so many. Churchill, Quinn, Hamilton & Van Donselaar, Ltd has been in business for over 125 years, so we have a solid background with vast experience in all areas of business law. Working with our team and having that experienced business attorney on your side will help you navigate these unexpected legal hurdles with confidence. Reach out to 847-223-1500 to learn more about our extensive legal support services for businesses of all sizes or to make an appointment with our team.

Imagine a situation where a sudden accident or illness leaves you unable to communicate your medical preferences. This is where a living will becomes crucial. A living will, also known as an advance directive, is a legal document that outlines your wishes for medical treatments and life-sustaining measures in the event you are incapacitated and can’t make decisions for yourself. It provides direction to your healthcare providers and loved ones during challenging times, ensuring that your desires are honored regarding important medical decisions.

Scenarios where a Living Will is Essential

A living will becomes your voice in various situations where you can’t speak for yourself. Some scenarios you might encounter where a living will would provide valuable medical guidance would include:

• Chronic Illness: Imagine battling a progressive illness like Alzheimer’s or ALS. As the disease advances, your ability to communicate effectively diminishes. A living will ensure that your wishes regarding treatment, such as pain management or opting out of aggressive interventions, are known beforehand.
• Unexpected Medical Emergencies: A sudden cardiac arrest, stroke, or severe allergic reaction can leave you unconscious and unable to express your preferences. A living will clarifies your wishes for resuscitation (CPR) or the use of ventilators, preventing confusion and distress for loved ones faced with making these critical decisions on your behalf.
• End-Stage Medical Situations: If you’re diagnosed with a terminal illness, a living will empowers you to decide the course of your final days. You can specify preferences for comfort care, focusing on pain management and quality of life, rather than prolonging life through artificial means.
• Mental Incapacity: Mental health conditions like severe depression or dementia can impair your ability to make informed decisions. Having a living will in place safeguards your wishes if your mental state deteriorates.

Consequences of Not Having a Living Will in Place

When there is no living will, medical decisions would become the responsibility of family members or medical providers. This can lead to several unfortunate consequences:

• Family Conflict: Without clear instructions provided by a living will, family members may find themselves at odds regarding the appropriate course of action for your medical care. This can lead to disagreements, strain relationships, and even legal battles, adding unnecessary stress during an already emotionally charged time.
• Unwanted Medical Treatment: In the absence of a living will, healthcare providers may default to providing aggressive, life-prolonging treatments, even if they go against your values and preferences. This can result in interventions that diminish your quality of life and prolong suffering unnecessarily.
• Loss of Control: Not having a living will means relinquishing control over your own medical care during times when you’re unable to communicate. Your fate may be left in the hands of others who may not fully understand your wishes or values, leading to outcomes that don’t align with your desires. In extreme cases, courts may get involved to decide your treatment, potentially leading to outcomes you wouldn’t have wanted.

Churchill, Quinn, Hamilton & Van Donselaar, Ltd. for Estate Planning

While it is never enjoyable to think about mortality or severe medical complications, they are a fact of life and they can happen at any time. This is why estate planning is so important. Planning ahead can provide a kind of peace of mind, at least knowing that your wishes for how you want your medical care carried out will be clearly stated and followed, without relying on loved ones (or even strangers) to bear the burden of making those decisions for you. Reach out to our team at 847-223-1500 to work with our experienced legal advisors. We can help with a wide range of comprehensive estate planning strategies to help ensure the protection of you and your loved ones now and into the future.

As spring nears, the real estate market tends to heat up as well. The warmer weather in the Chicagoland area at this time of year often brings a surge in home buying and selling activity, marking the beginning of what is often known as the prime season in the real estate world. For both buyers and sellers, this time can be both exhilarating and overwhelming.

While the excitement of finding your dream home or getting top dollar for your property is real, it’s important to remember that real estate transactions are complex legal matters. Whether you’re a buyer eager to find a new place or a seller navigating the process for the first time, having a qualified real estate attorney on your side is essential.

Legal Protection

One of the primary reasons to work with an attorney in your real estate transaction is to ensure legal protection. Our attorneys who specialize in real estate law have a comprehensive understanding of state and local regulations governing property transactions. They can review contracts, identify potential risks, and safeguard your interests throughout the process. And when necessary, they can offer competent representation throughout any court proceedings.

Real Estate Contract Expertise

Real estate contracts are filled with legal jargon and clauses that can be confusing to the untrained eye. Our attorneys can decipher these complexities, explain their implications, and negotiate terms that align with your best interests. Whether you’re drafting an offer, reviewing a purchase agreement, or negotiating contingencies, having legal guidance ensures that you’re making informed decisions.

Mitigating Risks

Real estate transactions are not without risks. From title issues to zoning regulations, unforeseen obstacles can arise and derail a deal. A qualified attorney can conduct due diligence to uncover any potential issues before they escalate, saving you time, money, and headaches down the road. Additionally, in the event of disputes or litigation, having one of our knowledgeable attorneys on your side can provide valuable support and representation to protect your interests.

Peace of Mind

Above all, probably the most significant benefit of working with a qualified attorney is the peace of mind it brings. Knowing that you have a legal expert overseeing your transaction can alleviate stress and instill confidence in your decisions. Whether you’re a buyer or a seller, having someone advocate for your interests and navigate the complexities of the real estate market allows you to focus on the excitement of your new venture.

Whether you’re buying your dream home or selling your property, the legal expertise you will receive when you work with Churchill, Quinn, Hamilton & Van Donselaar, Ltd. can help you confidently and successfully navigate your real estate transaction. So, as you embark on your real estate journey this spring, remember to partner with one of our trusted attorneys who will guide you through each part of the process, ensuring that your interests are safeguarded every step of the way. Contact us at 847-223-1500 to schedule a consultation.

Running a small business comes with its own set of challenges, and navigating the complex landscape of employment law is undoubtedly one of them. Staying compliant with employment regulations is crucial to avoid legal complications that can arise if the rules are not followed diligently. The following are some essential compliance tips that small business owners need to keep in mind to ensure a smooth and lawful employment environment.

Understand and Communicate Clear Employment Policies

The foundation of employment law compliance lies in having well-defined and communicated employment policies. Ensure that your employees are aware of the company’s policies regarding working hours, breaks, code of conduct, anti-discrimination, and harassment policies. Clearly written policies help set expectations and provide a framework for fair and consistent treatment.

Adhere to Wage and Hour Laws

Wage and hour violations are common pitfalls for businesses of all sizes. It is essential to ensure that your business complies with minimum wage laws, overtime regulations, and pays employees accurately and on time. In addition, keep detailed records of working hours, breaks, and overtime to demonstrate compliance in case of an audit.

Establish a Safe and Healthy Work Environment

Occupational safety and health regulations are vital for maintaining a safe workplace. Small business owners should conduct regular safety assessments, provide necessary training, and implement safety protocols. Failure to comply with safety regulations not only puts employees at risk but can also result in severe legal consequences due to violation of employment law.

Implement Proper Record-Keeping Practices

Accurate record-keeping is essential for employment law compliance. Maintain records of employee details, payroll information, tax forms, and any relevant documentation related to hiring, promotions, or terminations. Proper record-keeping not only helps in compliance but also in addressing any potential legal disputes.

Stay Updated on Employment Discrimination Laws

Small business owners must be aware of and comply with federal and state anti-discrimination laws. To stay compliant, employers must ensure fair treatment in hiring, promotions, and terminations, and make reasonable accommodations for employees with disabilities. Additionally, they should regularly educate and update their teams on the latest developments in discrimination laws in order to avoid unintentional violations.

Make Sure to Work With an Attorney Experienced in Employment Law

Partnering with the right attorney can help to ensure the success and legal protection of your business.  This can apply to all aspects of your business, but especially in regard to employment law compliance. The experienced attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd can offer valuable legal guidance to ensure that your business remains in compliance with any applicable employment laws. We always stay updated on ever-changing legal issues that relate to businesses, and can provide valuable insights that can help you stay proactive in addressing compliance issues. For additional information or to schedule a consultation, contact our Grayslake office at 847-223-1500.

Navigating the legal intricacies of a commercial real estate transaction can be quite complex. Indeed, even one misstep can lead to costly delays, hidden liabilities, or even an outright deal-breaker. This is where an experienced attorney becomes your indispensable partner, ensuring a smooth, secure, and successful journey.

Potential Legal Concerns of Commercial Transactions

Commercial real estate transactions involve a variety of legal considerations that go far beyond just signing a lease or purchase agreement. Here’s a glimpse into the potential legal issues you might encounter: 

• Zoning and permits: Is the property zoned for your intended use? Are there any restrictions or permits required? Not knowing these details can result in costly fines or even render the deal impossible.
• Environmental concerns: Has the property undergone environmental assessments? Are there potential hazards (like asbestos or contamination) that could lead to liabilities and cleanup costs?
• Title issues: Are there any liens, easements, or encumbrances on the property? Failing to uncover these can complicate ownership and future use.
• Lease terms and clauses: Understanding the intricacies of rent payments, maintenance responsibilities, termination clauses, and other provisions is crucial. Ambiguous terms can lead to disputes and financial losses.
• Tax implications: Are you aware of the tax implications of the commercial transaction? Choosing the wrong structure could cost you a significant amount of money down the line.
• Negotiation tactics: Negotiating with experienced landlords or sellers requires skill and knowledge of market trends. Our attorneys can level the playing field to help secure the best terms for the commercial real estate transaction.

Working with Churchill, Quinn, Hamilton & Van Donselaar, Ltd Offers Important Legal Protection

When you work with one of our skilled attorneys, we will help you navigate the legal complexities of the commercial real estate process. In fact, we will not only protect your interests, but will also become a trusted partner in the transaction. Here are some ways we can help you reach a successful outcome:

• Due diligence: We will conduct thorough due diligence, uncovering potential issues and mitigating risks before you commit. This includes title searches, environmental assessments, and zoning verification.
• Drafting and reviewing contracts: Additionally, we will expertly draft or review agreements, ensuring they accurately reflect your needs and protect your rights. Our deep experience allows us to catch ambiguities and unfavorable clauses you might miss.
• Negotiation expertise: Our attorneys know the ins and outs of commercial real estate negotiation. We’ll advocate for your best interests, securing favorable terms on rent, lease duration, maintenance responsibilities, and other crucial aspects.
• Compliance guidance: Another benefit of working with our team is that we ensure the transaction complies with all relevant laws and regulations, saving you from potential legal headaches and fines down the line.
• Risk mitigation: By anticipating potential issues and suggesting alternatives, we can minimize risks and protect your investment.
• Dispute resolution: If unforeseen issues arise, our attorneys are experienced litigators and will represent you effectively, minimizing stress and ensuring a fair resolution.

If you are beginning the process of searching for a commercial property, don’t take on the task alone. Contact us at 847-223-1500 to schedule a consultation for the important legal guidance you need for a successful transaction.

Facing a legal conflict? It might be comforting to know that you’re not alone. Every year, countless individuals and businesses find themselves involved in civil litigation, a legal process used to resolve disputes outside the criminal realm. If you find yourself embroiled in such a dispute, understanding the basics of civil litigation and securing competent legal representation can significantly influence the outcome of your case.

Understanding Civil Litigation

Civil litigation is the process of resolving disagreements between individuals, businesses, or organizations. Unlike criminal cases, which seek punishment for wrongdoing, civil disputes seek monetary compensation or specific actions in response to harm or damages suffered. During the process of civil litigation, one party, known as the plaintiff, accuses another party, known as the defendant, of wrongdoing. Throughout the legal proceeding, both parties present evidence to support their case in order to come to a resolution.

Examples of Civil Litigation Cases

Not sure what types of cases qualify as civil litigation? Here are some of the more common situations we see, as well as important ways that our attorneys can play a part in successfully resolving the cases.

Contract Disputes

Contract disputes often arise when the parties involved in an agreement fail to fulfill their obligations as specified in the contract. This could involve breaches of employment contracts, lease agreements, business contracts, or construction contracts. Our knowledgeable attorneys can review the terms of the contract, assess the validity of the claims, and advocate for our client’s interests through negotiation, mediation, or litigation if necessary.

Property Disputes

Property disputes encompass a wide range of conflicts, including boundary disputes, landlord-tenant disputes, real estate fraud, or disagreements over property ownership. Whether it involves residential or commercial property, having legal representation is crucial to protect your rights and interests. When we represent you in this type of civil litigation, we can conduct title searches, interpret property deeds, and advocate for your position in court to resolve the dispute effectively.

Real Estate Transaction Disputes

Real estate transactions often involve numerous parties and intricate legal documents. During or following a transaction, disputes may arise over issues like undisclosed defects in a property or breaches of contract by either party involved in the transaction. In such cases, a person may seek legal recourse through civil litigation.  Our real estate attorneys can navigate the intricacies of property transactions, review relevant documents, and advocate for our clients’ interests in and out of the courtroom.

Insurance Coverage Disputes

Insurance policies are designed to provide financial protection and peace of mind in the face of unforeseen events such as accidents, natural disasters, or personal liabilities. However, disputes may arise between policyholders and insurance companies regarding coverage, claim denials, or settlement amounts. Whether it involves homeowner’s insurance, auto insurance, or commercial insurance policies, individuals may find themselves in need of legal representation to enforce their rights and obtain the benefits they are entitled to under their insurance contracts. In these cases, our attorneys can scrutinize policy terms, assess the validity of claims, and advocate for fair treatment and compensation on behalf of policyholders through negotiation or litigation.

Contact Churchill, Quinn, Hamilton & Van Donselaar, Ltd for Civil Litigation Assistance

In matters of civil litigation, it is essential to work with a firm that is experienced in this type of counsel. For decades, our attorneys have successfully handled civil litigation cases across the state of Illinois. In fact, our team is well-known amongst their legal peers for their extensive expertise in a wide range of areas. Contact us at 847-223-1500 for additional information or to schedule a meeting to discuss your case.

There are many different types of insurance, and most people understand the importance of having policies in place to provide protection against unforeseen events. If an insurance claim needs to be filed, most people would expect a quick and easy resolution. However, when a claim gets denied it can be very frustrating and confusing to the policyholder. Here are answers to some of the most common questions people have when their insurance claim has been declined.

Why Was My Insurance Claim Denied?

An insurance claim can be denied for a number of reasons, including:

• Coverage may not have been in effect due to missed payments or other factors
• There is a question of liability, or who was at fault, in the case of an accident
• The terms of the insurance policy may have been violated
• The information you provided on your original insurance application may be in question
• The claim exceeds the policy coverage limits
• You are filing a claim for coverage that you did not purchase as part of your policy
• The insurance company suspects fraud
• Important details have been left out of the filed claim
• The claim was not filed on time
• The insurance company believes your own negligence was a contributing factor
• The policy’s fine print may contain exclusions pertaining to the details of your claim

Can I Resubmit my Claim with Additional Information?

Yes, in many cases, you can resubmit your claim with additional information. If the denial was due to missing or incomplete information, providing the necessary details can help reconsideration. Ensure that you follow the insurer’s guidelines for resubmitting claims and meet any specified deadlines.

How Can I Appeal the Denial?

If your insurance claim was denied, the following steps can help in the process of appealing the decision:

• Review the Denial Letter – Understand the reason for the denial as stated in the letter from the insurance company.
• Gather Information – Collect all relevant documents, including the policy, claim details, and any supporting evidence.
• Contact Your Insurer – Reach out to your insurance company to discuss the denial and inquire about the appeals process.
• Submit a Formal Appeal – Prepare a written appeal with clear and concise reasons why you believe the denial should be overturned.
• Follow Up – Stay in communication with your insurer throughout the process and provide any additional information they request.

Should I Work with an Attorney to Get My Claim Resolved?

Some reasons for an insurance claim denial may be straightforward and reasonable, such as a missed premium payment. However, if you feel that the insurance company has unfairly denied your claim, and they are not responding appropriately to your appeal request, working with an attorney may be the best course of action.

Working with an attorney at Churchill, Quinn, Hamilton & Van Donselaar, Ltd. can be beneficial in the following ways:

• Expertise: Our attorneys specialize in insurance law and have a deep understanding of the legal intricacies involved in insurance claim denials. They can navigate complex policies and regulations to build a strong case.
• Negotiation Skills: We are skilled negotiators. Because of this, we can work with the insurance company on your behalf, increasing the likelihood of a favorable outcome.
• Documentation and Presentation: We know what information and evidence are crucial to a successful appeal, so we can help present the necessary documentation in a compelling manner.
• Legal Recourse: If the appeal process is unsuccessful, we can advise on further legal options, such as filing a lawsuit against the insurer. This step may be necessary to protect your rights and seek the compensation you believe you are entitled to.
• Reduced Stress: Dealing with an insurance claim denial can be stressful. Working with our team allows you to offload the legal complexities and focus on other aspects of recovery.
• Increased Success Rate: Appealing a denial can be complex, and many people do not have the capacity to achieve the outcome they desire. Oftentimes, those who seek our legal representation have a higher success rate in appealing denials compared to those who navigate the process on their own.

If you are dealing with an unfair insurance claim denial and you are seeking experienced legal guidance, contact us at 847-223-1500 to learn how we can help.

Legal obligations are constantly changing in the workplace. And, of course, employers are expected to keep track of these changes and abide by them. There are several new Illinois laws that went into effect on January 1, 2024 that relate to employment so we wanted to bring a few to the attention of IL employers. One addresses earnings, while the others pertain to time off that employees are now legally entitled to. Here’s what employers need to know:

Minimum Wage

The state of Illinois is slowly making its way up to the goal of a $15 per hour minimum wage. Although this law was technically passed in 2019, Illinois will see an increase in the minimum wage to $14 for 2024. It should be noted that the city of Chicago already meets, and in some cases exceeds, the targeted minimum hourly wage. For example, smaller businesses with fewer than 21 employees have a $15 minimum wage. Those companies with 21 or more employees are required to pay $15.80.

Paid Leave for All Workers Act (820 ILCS 192/)

This is one of the Illinois laws that will likely have the most impact on Illinois employees. This law establishes a minimum paid leave standard for all workers in Illinois. According to the law, workers are entitled to up to 5 days (40 hours) of paid leave per 12-month period. Workers earn 1 hour of paid leave for every 40 hours worked. Additionally, they can use the accrued paid time off for any reason and do not have to provide a specific reason to their employer.

Child Extended Bereavement Leave Act (820 ILCS 156/)

This law states that employees who experience the loss of a child (including biological, adopted, foster, step child or legal ward) by suicide or homicide may take unpaid time off to deal with their loss.  Large employers must allow up to 12 weeks leave, while smaller employers must allow up to 6 weeks.

Employee Blood and Organ Donation Leave Act (820 ILCS 149/)

This act states that employers with more than 51 employees are required to provide eligible employees with one hour every 56 days to donate blood. Additionally, employers must provide employees with up to 10 days of paid leave in any 12-month period to serve as an organ donor.

Work With Our Team to Stay Compliant with Illinois Laws

There are a number of caveats to these laws and not every law applies to every employer. Not sure how these new Illinois laws apply to your organization? Contact Churchill, Quinn, Hamilton & Van Donselaar, Ltd. to schedule a consultation. Our attorneys are well-versed in employment law and our business clients rely on us to help them navigate new changes as they come up in order to safeguard their interests. Reach out to 847-223-1500 to learn more about our business services and to make an appointment.

A new year is here and that often brings about new beginnings and opportunities. For those who are planning on starting a new business, there are a lot of issues to consider in order to set your business up for success, right from the start. One of the most important factors to consider is deciding on the correct business structure for your new business.

In our continuing interview series, we have asked our attorneys to share important advice on topics they are passionate about, as well as share some information about their own personal life and career. Here, Bob Churchill discusses important issues to consider when choosing a business structure as well as successfully starting a new business.

What are the most common types of business structures?

There are three basic business structures. The first is sole proprietorship. This is a business with only one owner. The second is a partnership. This is a business with two or more partners. And the third is corporate, either as a stock corporation or a limited liability corporation (L.L.C.). There are different levels of structure, liability protection and taxation for each of the three.

Why is choosing the right business structure important?

The structure should match the type of business being transacted and the need for liability protection. Risk adverse businesses usually choose the corporate options.

What is the best way for a new business owner to decide which business structure is best for their company?

When setting up a new business it is best to discuss with an attorney the ownership of the business, the risks of the operation of the business and the need for tax treatment. This should be balanced with the set-up costs and the ongoing expenses required to keep the business in the proper structure.

What is your best piece of advice for someone who is just starting out with a new business?

Start out with a greater amount of money (capital) than you think necessary to open the business. The majority of new businesses do not survive five years. Not only does one have to be good at their business, but one has to be good at “ business.” Handling accounts receivable, obtaining correct insurance, dealing with employees, calculating taxes, leasing property, starting utilities, and promoting the business are all important aspects of “business” that have nothing to do with making your product or providing your service.

What is one of your favorite memories of a client that you represented?

Throughout my 50 years in the legal profession, I have had thousands of interesting clients, each with a story of their own. One of my favorite stories is of the lady who was three times widowed. The second and third husbands each had two children from previous marriages, but she never had children. Each husband left everything to her.

Every few months she changed her will. She always named only one of her stepchildren, but never the same as the last one named. Over time, each one had been her favorite, and the previous one had lost favor.

One day she called and said that she wanted to change her will again and quickly. So, the will was changed. A week later she died. Perhaps she had a premonition.  Since I had been named as executor, I attended the funeral. After the funeral, one of the stepchildren asked to see me in private. He wanted to know when we were going to “read” the will, because he knew that she had left everything to him. She had shown him a copy of the will with only his name on it. I told him we didn’t “read” wills anymore, but that I would send him a copy.

On the way out the door of the funeral home, another of the stepchildren asked when the reading of the will would be, as he knew that the decedent had left everything to him. She had shown him a copy of the will with only his name on it. I told him we didn’t “read” wills anymore, but that I would send him a copy.

When the third and fourth stepchild called me with the same story, I knew there would be a problem.

I sent a copy of the will to each of them. The phone lit up with angry calls from people who decried how they had run her errands, taken her to dinner, spent money on lavish gifts, invited her over to their houses for holidays and always responded to every request she had, because upon her death they expected to receive everything she had. But that was not to be, for, you see, in her Last Will and Testament, she left everything to charity.

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

Clearly, we have many interesting clients, each with an interesting story of their own. And at Churchill, Quinn, Hamilton & Van Donselaar, Ltd, we provide each client with personalized service and attention in order to accomplish their individual goals. Whether that is for starting a new business, providing skilled litigation representation, assisting with real estate transactions, or customizing estate documents (as frequently as needed).  Contact us at 847-223-1500 to schedule a meeting.

Losing someone special can be an incredibly difficult and challenging time. Emotions following a death can overwhelm your thought process and suddenly you don’t know what needs to be done or where to begin.

In this special series, we have asked some of our attorneys to answer some questions and share their insight on topics that mean a lot to them. Mary Lee Berresheim is experienced in estate and probate law and has helped many clients navigate the difficult issues surrounding the death of a loved one. Here, she shares her practical advice on the best ways to proceed during this time.

What is the first thing you should do upon learning of the death of a loved one?    

The first thing to do is to obtain a death certificate. The funeral home will take care of this for you and will ask you how many death certificates you will need. You should request at least 10. Then you will need to go through the Decedent’s paperwork. The first thing to look for is a Will and/or Trust or any Estate Planning documents that the individual might have executed prior to their death. If you find the original Will, it must be filed within thirty days of the person’s death. The Will should be filed in the County in which the individual resided at the time of their death.

What are the most important steps a person should take when a family member passes?  

Once the Will has been filed and the estate planning located, you should look through all of the Decedent’s paperwork to determine what assets they owned.  For example, you will need to identify what real estate the individual owned and how the title was held. Then you will collect bank statements to determine if the individual had bank accounts and if so, with what banks and did they hold title with anyone else.  Also, did the individual have a pension or a 401(k) and/or any sort of brokerage account. If so, you should contact that financial advisor or the company and advise them of the death of the individual. Most of these kinds of accounts will have named beneficiaries and the brokerage or company will send the appropriate forms to the beneficiaries to collect these assets.

What are some examples of when an attorney can help during the process following a loved one’s death? 

Following the death of a loved one, you should always contact an attorney to help you to determine if the estate will need to be probated or not. If the value of the individual’s entire estate is less than $100,000, you will not need to probate but will be able to transfer any assets by a small estate affidavit. If the estate is over $100,000 you will have to file a probate action with the Court. You must be represented by an attorney in this type of court proceeding.

What is the best advice you could offer someone to make the process of dealing with a loved one’s passing easier?  

Contact an attorney as soon as possible to give you advice as to how to handle the collection and disbursement of assets. If you try to take on some of these tasks by yourself and are not successful, don’t keep spinning your wheels. Schedule a consultation with an experienced probate attorney and get the guidance you need to handle things in the most advantageous and efficient way possible. Most attorneys will offer you a free consultation and even if you have to pay for an hour or so of time, it will be well worth it in the long run.

What is your favorite aspect of your job?  

The death of a loved one is a difficult and stressful time. Being able to explain the process to people and to assure them that they can get through this. Letting them know they aren’t alone in this process and that we will help them get through it and will be there to answer their questions seems to be an amazing comfort to most people. It makes my day when a spouse or child breathes that sigh of relief that at least in one way they can bring some sort of order to the chaos they are feeling.

What is your favorite way to spend your free time?  

I enjoy spending time with friends whether it is just playing cards or discovering a new restaurant. But I especially enjoy spending time with my three granddaughters.

 

While the death of a loved one is difficult and can be extremely stressful, we are here to help make this time more manageable. If you need assistance or would like to schedule a consultation, contact our Grayslake office at 847-223-1500.