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

What is an Appeal

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

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

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

What the Court Can Decide

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

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

Why a Good Attorney is So Important

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

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

Referenced articles HERE and HERE

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

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

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

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

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

 

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

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

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

Help With Education and Medical Expenses

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

Fund Retirement Accounts For Children

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

Fund an Irrevocable Gifting Trust

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

Give Gifts Up to the Annual Gift Tax Exclusion Threshold

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

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

Full referenced articles HERE and HERE

Bringing the Magic of Christmas to Kids in Need

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

Toys For Tots Mission

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

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

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

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

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

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

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

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

Look At the Current Structure of the Business

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

Establish Goals and Objectives

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

Make the Best Decisions For the Company

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

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

Full referenced article HERE

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

Begin With a Detailed Credit and Invoicing Process

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

Keep Current Records of Customer Payment Histories

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

Keep Detailed Records When Attempting to Collect a Past Due Payment

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

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

Full referenced articles HERE and HERE

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

What is a Breach of Contract

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

Types of Breaches

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

Types of Damages That Can Be Awarded

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

When to Consult an Attorney

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

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

Full referenced articles HERE and HERE

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

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

Give Notice

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

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

Tenant Might Not Leave

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

Legal Intervention

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

Full referenced article HERE

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

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

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

For more info:

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

Many states do not require a home buyer to have legal representation during the purchase transaction, but considering the size of the investment and the problems that can often arise, it is very important to have an experienced real estate attorney on your side during this complex process.

Documents the Attorney Reviews

• Purchase agreement – many sellers use standard forms, but your attorney will read through the agreement and suggest changes to meet your specific needs. These could include the terms of financing, alterations to the property or the conditions of escrow.
• Mortgage documents – these documents are prepared by the lender and usually cannot be changed, but it is very important that you understand what they mean so you can abide by the terms
• Title documents – these show any current liens or claims against the property
• Transfer documents – these transfer ownership from seller to buyer

Problems Can Arise During the Transaction

While some transactions go perfectly smoothly, in many cases there will be problems that need to be resolved.  Your attorney may find errors in the mortgage documents that need to be corrected, the inspection may uncover issues that need to be addressed before finalizing the purchase, the title search may reveal liens or claims against the property, or the seller may try to back out.  It is in these cases where you will be thankful that you have an experienced attorney like those at Churchill, Quinn, Richtman & Hamilton to help sort through and resolve the issues.

Can’t You Just Use Your Real Estate Agent Instead of Hiring an Attorney?

Your real estate agent may be very good at their job, but they are not legally trained and should not give legal advice.  Remember that this is a legal transaction and mistakes cannot be undone once the papers are signed.

The purchase process is very stressful and the closing can be overwhelming.  The attorneys at Churchill, Quinn, Richtman & Hamilton have extensive experience in real estate law and will be there to worry about the details so you do not have to.  Contact us at 847-223-1500 or visit dev-cqrh.pantheonsite.io to see how we can help.

Referenced article found HERE and HERE

Churchill, Quinn, Richtman, & Hamilton were happy to be a sponsor of Grayslake Summer Days!

Enjoy this short video of the parade!

#Grayslake #Grayslake Colts #CQRH   dev-cqrh.pantheonsite.io/community/

Keep your eyes on the skies as the 6^th annual Grayslake Color Aloft Balloon Festival takes flight on August 25th.  This exciting event, sponsored by Churchill, Quinn, Richtman & Hamilton, will feature hot air balloons being inflated and competing to see which one can land closest to the Fox River.  Once retrieved and returned to the park, the balloons will be illuminated by their burners in a captivating glow that you don’t want to miss.

Along with the beautiful balloons, you can enjoy musical entertainment, a Civil War era baseball game, children’s activities, storytelling and business booths.  There will not be any food vendors, so be sure to pack a snack!

This free event runs from 3:00pm until 9:00pm at Central Park in Grayslake, located at 250 Library Lane.

For more information about the balloon festival, click here: http://business.grayslakechamber.com/events/details/6th-annual-color-aloft-balloon-festival-694

Celebrate the end of summer at this great family event sponsored by Churchill, Quinn, Richtman & Hamilton.  Grayslake Summer Days is happening on August 17^th and 18^th and will have tons of fun activities to choose from.

Listen to great music, try your luck at the carnival games, enjoy delicious food or visit the many business booths.  There will be a bike and pet parade on Saturday at noon, bags tournament at 12:30pm and go-kart races at 1:00pm so make a day of it and enjoy everything this fun event has to offer.

The event is FREE and will take place on Friday from 5pm – 12am and Saturday from 11am – 12am and is located at the Whitney Street Festival Site in Downtown Grayslake.

For more event info: http://business.grayslakechamber.com/events/details/summer-days-08-18-2018-693

When it comes to settling an estate, most people have heard that it is best to avoid probate whenever possible.  But how many people even know what it is?  It is a lot easier to navigate this issue when you have the necessary information, so here are the basics of probate.

Probate Defined

Probate is the legal process of a court validating a person’s will and distributing their estate after they pass away.  This can be a complex and lengthy process, especially if a will was never prepared prior to death or if there is a large estate involved.

The Probate Process

The court first names an executor, or administrator, of the estate which may be stated in the will or assigned by the court if there is no will.  It is the executor’s duty to prove validity of the will, as well as provide a list of the deceased’s assets and debts.  Creditors must usually be paid from the assets of the estate before the beneficiaries can receive anything, although there are sometimes exceptions to this rule.

Once all of the debts have been satisfied, necessary tax returns have been filed, disputes settled, beneficiaries paid and the estate closed, the executor’s role is complete.  There are many details involved in this process and help is often needed.  Churchill, Quinn, Richtman & Hamilton has experienced probate and trust administration attorneys who can help you sort through these details in order to avoid further stress during a difficult time of loss.

Probate Causes Problems

The probate process can be very long, sometimes lasting for years.  Heirs can be left waiting for inheritances that they are counting on.  All fees and expenses get paid from the estate and can therefore significantly reduce the value of the estate over time.  And the process can cause stress on a family, sometimes even tearing families apart.

Avoid Probate

The best way to avoid the pitfalls of probate is through appropriate planning ahead of time.  Churchill, Quinn, Richtman & Hamilton can prepare a will, set up a trust, establish joint ownership of assets and address many more estate planning issues in order to aid in the effective administration of an estate, whatever your situation may be.  Call us now at 847-223-1500 or visit dev-cqrh.pantheonsite.io for more information.

See fully referenced articles HERE and HERE