Category: Uncategorized

The decision to become a legal guardian to an adult should be done with careful consideration.  It is a big responsibility to assume the care of another person’s estate, finances and overall well-being. Therefore, you should make sure you understand what is involved before starting the process. The following information can be used as a starting point in your research. As a next step, our experienced attorneys can help you understand how to navigate the legal process of obtaining guardianship in the state of Illinois.

Basic Guardian Requirements

In order to become a legal guardian in Illinois, you must meet certain basic criteria.

• Must be at least 18 years of age
• Must be a United States resident
• Must be physically able to provide proper care
• Must have full mental capacity to think, reason and make decisions
• Must not have been convicted of a serious crime

Types of Guardianship

The legal rights and responsibilities of a guardian in Illinois can be structured differently, in order to best meet the needs of those involved.

• Limited guardian – the court grants limited power to the guardian to make specific decisions about personal care or finances. This type of guardianship is often used when the person is still capable of making some decisions on their own.
• Plenary guardian – the court grants full decision-making responsibilities regarding personal care, finances and estate matters. This guardianship is applied when the person’s mental or physical limitations prohibit their ability to make these important decisions.
• Temporary guardian – in cases where immediate action is necessary due to safety concerns, a court can grant temporary guardianship to last up to 60 days while the final legal proceedings are being completed.

The fact that a person is elderly or disabled in some way is not cause in itself to require another person to assume guardianship over them.  A court must first evaluate and establish that need, then determine the extent of guardianship that is necessary.  Becoming a guardian is a complex process that requires sound legal assistance from a qualified attorney.  At Churchill, Quinn, Hamilton & Van Donselaar, Ltd, we have represented people at all stages of the guardianship process. Our expert guidance throughout every step will help to ensure the best outcome for all involved.  Contact us at 847-223-1500 to schedule a consultation.

Having a judge rule against you in a court of law is never a desired outcome.  However, a judge’s decision does not always have to be final, and there are sometimes ways to appeal the decision and try to obtain a ruling in your favor.  An appeal is a request for a higher court to review your case and reverse the decision.  It is a complex process, so keep in mind the following strategies to improve your odds of a favorable outcome.

Hire an Experienced Attorney

The first, and most important, thing you should do when faced with an unsuccessful court case is to contact the right attorney.  In this case, an effective attorney is one who has proven appeals experience and knows how to successfully litigate an appeal in court.  The process of appealing a case is very complicated.  Thus, the better prepared your attorney is, and the more experience they have in applying the right strategies throughout the process, the more likely your chance is of winning your appeal.

Determine your Grounds for Appeal

You cannot file an appeal simply because you do not like the decision of the court. There must be a valid basis for the appeal that alleges a legal mistake was made during the original court proceedings.  Acceptable grounds for appeal include:

• Legal errors made by the judge in the original case
• Evidence in the case that did not support the verdict
• An unfair trial
• Ineffective counsel by your attorney

Pay Attention to the Details

Accuracy and punctuality are necessary for success in any court case.  But when it comes to the complex process of an appeal, these details become even more important.  There are many specific rules that need to be followed throughout the appeals process.  Additionally, there are many legal documents that need to be prepared and filed along the way, along with numerous deadlines that must be strictly adhered to.  A mistake on any of the complicated court forms or a missed deadline can get the case dismissed.

Understand the Possible Outcomes

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

An appeal is not a new trial and it is not an opportunity to present new evidence or witnesses.  But if you feel like the court’s decision was legally incorrect, it is worth it to explore the possibility of having the facts of your case reviewed again.  The attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd have proven experience navigating the complexities and nuances of a successful appeal, and have represented clients at all levels of Illinois appellate courts and up to the United States Supreme Court.  Contact our Grayslake office at 847-223-1500 for information about the appeal process or to schedule a consultation.

Additional information can be referenced here https://www.isba.org/ibj/2013/07/tentipstoimproveyourcaseonappeal

Buying a new home is an exciting event.  However, it can also be overwhelming, especially for first time homebuyers.  After making it through the contract negotiations, inspections, appraisal and loan approval, you don’t want the deal to fall apart at the closing!  Here are some key things to keep in mind in order to make the day as easy as possible.

Don’t open new credit lines

For many lenders, it is standard practice to pull a current credit report right before the closing.  In doing so, they are reconfirming credit scores and allowable credit ratios in order to fund the final loan. Homebuyers who are excited about their upcoming purchase might be tempted to rush out and open new credit accounts to purchase home furnishings, updated carpeting, etc.  But this can lead to overextending credit limits and debt ratios or incurring a slew of new inquiries which can threaten the entire purchase transaction.  The best advice in this situation is to pay cash or wait until after the mortgage loan is closed to apply for new credit.

Bring all necessary documents with to closing

It is not uncommon for lenders to require last-minute documentation as a condition of the loan approval.  Additionally, the title company will require certain documents, such as proof of identity, at the closing.  To be fully prepared at the closing, homebuyers should bring the following with:

• Government-issued photo ID
• Separation or divorce papers
• Copy of the purchase contract
• Proof of homeowners insurance
• Home inspection reports
• Any information still required by the lender

Be prepared with funds needed at closing

Closing on a purchase transaction will require the purchaser to bring funds to the closing.  These funds are necessary to cover the down payment, escrow, fees, etc.  The title company may require a cashiers check or a wire transfer on the day of closing.  This could mean planning to make a trip to the bank during business hours to get the certified funds to bring to the closing.  Or if a wire transfer is required, it is imperative to understand the bank’s wiring procedures, which can range from one to three days to complete a transaction.  Homebuyers that plan well in advance for their closing funds are better situated to avoid closing delays.

Work with an experienced real estate attorney

A home purchase is one of the biggest investments most people will make in their lives.  As such, this is not the time to attempt to proceed without an attorney.  This applies to first time homebuyers, as well as those who are on their second or third home.  Every home purchase transaction is different and there are so many opportunities for things to go wrong.  A qualified attorney can help to avoid problems outright, or help resolve issues that arise during the process.

Our experienced legal team assists homebuyers throughout the purchase process, from negotiating the purchase price and terms all the way through to closing day.  When we represent you on the day of closing, we will:

• Ensure all terms of the purchase contract are being met
• Resolve any issues from the final walkthrough
• Review all of the closing documents to ensure accuracy
• Help clear up any title discrepancies
• Answer any questions you have during the closing

If you are in the market for a new home, call our office at 847-223-1500 as early as possible in the process so we can provide the important legal protection you need for this exciting new investment.

For many people, it is natural to want to share their acquired wealth with their kids or grandkids in the form of a monetary gift. Preparing an estate plan is a great way to determine how to settle your estate and distribute your assets to your heirs after you pass.  But for those looking to gift some of their assets while they are still living, here are some strategies to consider.

Consider the Benefits of Gifting Now

When devising an estate plan, one consideration will be the issue of when to start distributing your assets.  Some people may not be comfortable gifting any part of their assets while living, for fear of depleting their resources. When this is a cause for concern, holding onto your assets is the wise choice.  But for those who can afford it, there are benefits to gifting now, rather than waiting.  For one, there is great pleasure to be had watching your heirs enjoy your gift.  Additionally, any assets that are gifted while living reduces the total value of your estate.  This would result in lower overall estate taxes and probate fees applied to your estate after your passing.

Giving a Gift of Cash or Other Assets

Gifting cash to loved ones can certainly make a difference in their lives, by allowing them to pay off debt, start a business, or make plans for their futures.  However, if you have decided that you are financially comfortable enough to start distributing some of your assets to your kids or grandkids, it is wise to stay below the IRS annual gift tax exclusion threshold.  In 2022, you are allowed to gift up to $16,000 per year to each recipient without incurring a gift tax. This sum would include any type of assets, including cash, stocks, a car, etc.  If you are married, each spouse is allowed to gift the maximum of $16,000 to each individual.  For example, you could gift $16,000 to your granddaughter, and your spouse would also be able to gift another $16,000 to the same granddaughter without being subject to the IRS gift tax.

Contribute to Education or Medical Expenses

Another way to provide financial support to loved ones while you are still living is to contribute to medical or educational 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.

Determining your gifting strategy is a personal decision that needs to be made according to your current financial situation plus your potential needs for the future.  The attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd. can help prepare an estate plan that meets your specific needs as well as explain the potential tax implications of any decisions.  Contact our Grayslake office at 847-223-1500 to schedule an appointment with one of our experienced estate attorneys who will help you through this important process.

The U.S. Small Business Association (SBA) provides support to small business owners who are looking for affordable financing for their businesses.  While they do not directly lend money to businesses, they do assume a portion of the risk of an SBA loan, which encourages banks and other lending institutions to offer these loans with attractive rates and terms.

Applying for an SBA loan can be a complex process, and each lender may have different qualification requirements.  The most important thing to remember before applying for an SBA loan is to be extremely well-prepared ahead of time.  Pay attention to the following details in order to increase your chances of obtaining that approval on your application.

Check your credit

As with most loans, higher credit scores lead to greater opportunities for an approval of an SBA loan.  Make sure to obtain a copy of your credit report from all three credit bureaus ahead of time and correct any errors on your report in order to maximize your credit score before applying.

Research lending options

There are various lenders you can look to for an SBA loan, such as large national banks, local credit unions or alternative lending institutions with expanded approval criteria.  Be sure to investigate the factors that affect approvals at each of these options, such as credit score requirements, business duration, annual revenue and more.

Organize your business records

Regardless of which lender you work with, you will need to provide certain documents with your application.  While each lender may vary in terms of what they require, it is a good idea to have the following ready to submit upon request:

• Tax returns
• Bank statements
• Profit and loss statements and projections
• Articles of incorporation
• Leases
• Business license

Prepare a thorough business plan

Before any lender will approve an SBA loan, they will want specific information about your business, it’s future, and what you need the money for.  Therefore, you will need to prepare a solid business plan that includes details about your operations and growth strategy.  A typical business plan should include information about:

• Executive summary that describes your business and mission statement
• Description of your product or service along with details about the solutions your business provides
• Market analysis to determine your target market as well as competitor information
• Legal structure of your business, such as sole proprietor, limited liability company, s-corporation, etc.
• Sales and marketing strategies
• Financial projections
• Detailed description of what the requested funds will be used for

Work with a qualified business attorney

An attorney with experience in business law can help you understand the best loan to apply for, as well as help you prepare ahead of time to maximize your chance of getting an approval.  Additionally, they can review and explain your loan documents, assist throughout the closing process or represent you in court if any legal issues arise.

When it comes to the security of your business, working with an attorney at Churchill, Quinn, Hamilton & Van Donselaar, Ltd. can give you peace of mind that you will be protected.  Legal challenges can arise during any stage of your company’s development, and our team has proven experience helping our corporate clients create sound legal strategies for success.  Contact our Grayslake office at 847-223-1500 to learn more.

When the time comes to retire, it is important to know that the business you have worked so hard for through the years is protected.  The decision to pass on the family business takes careful consideration, and these practical tips will help to ensure that the transition goes smoothly.

Establish Business Objectives and Goals Early On

It is never too early to start planning for the future.  And the more detailed objectives you establish early on, 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.

Decide on the Structure of the Transfer

When passing on a family business, there are a number of ways to structure the transaction.  For example, aside from the standard lump-sum sale, you have the option of transferring all or part of the company as a gift.  Additionally, you could sell a portion of the company while retaining some of the assets and income.  Or you could choose to provide a loan to the new owner, thereby earning additional income through interest.  There are advantages and potential tax implications to each of these options, so you need to decide on the structure that best matches your personal circumstances and goals.

Be Objective When Making Decisions for the Company

A family business is still a business, which means you must sometimes make very difficult decisions.  When family is involved, it can be challenging to keep the best interest of the business in mind. However, this is the only way to ensure its continued success.  For example, 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.

Work With an Attorney Who is Experienced in Business Law

So much goes into the successful transition of your family business, and the laws can be complex.  Of course, you want what is best for your family and for the transition to be as easy as possible.  And the best way to protect your business and the family members who assume the new responsibilities is to work with a qualified attorney. The experienced attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd. 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 grayslakelaw.com for more information.

Additional information can be referenced here

Disputes regarding real estate are common.  Unfortunately, residential and commercial property owners, developers, and even potential property owners can find themselves involved in a real estate dispute at some point.  Working with an attorney who is experienced in real estate litigation can help a current or potential property owner protect their legal rights to their real estate.  Here are a few of the most common situations for an attorney to get involved.

Real Estate Contract Disputes

A real estate contract is a binding agreement, and sellers are obligated to ensure that the details, including any known defects, are true and accurate.  Additionally, both buyers and sellers must ensure that they comply with all of the terms and conditions set forth in the contract.  If one party fails to follow the terms of the contract, the other party may sue for breach of contract.  Similarly, if the seller fails to disclose a property defect, the buyer may pursue legal action against the seller.

It’s important to note that working with an experienced real estate attorney from the start of any purchase transaction can help both parties avoid legal action down the line.  A good attorney will thoroughly review the contract and other transaction documents, to verify terms and conditions and explain buyer and seller legal obligations.

Property Boundary Disputes

If there’s one thing that can affect a relationship with a neighbor, it’s a disagreement over where one property ends and another begins.  For example, you look out your back window one day and see that the couple next door has built a fence, pool, deck or other permanent structure on what appears to be your property.  Moving the structure might not be an easy task, so if a reasonable discussion with them doesn’t work, a legal intervention is sometimes the only way to settle the dispute. In this situation, your attorney can take the necessary legal steps to prove your right to the land and protect your rights to your property.

Joint Property Ownership Disputes

Purchasing a property with another person can be a smart investment decision.  However, when there are disagreements regarding the property, disputes between owners can quickly escalate.  There are a number of reasons that might lead one co-owner to disagree with the other. For example, they might have different ideas as to improvements that need to be made, or whether it is time to sell the property.  There could also be disputes over who is responsible for paying the taxes, mortgage payments or maintenance costs.

Choose the Right Attorney for Real Estate Litigation Issues

Working with Churchill, Quinn, Hamilton & Van Donselaar, Ltd for matters involving property disputes gives you an advantage, because of our extensive experience in real estate law.  We have helped our clients find successful resolutions, both in and out of the courtroom, for a wide range of real estate disputes.  To better serve our clients involved in a real estate litigation case, our litigation attorneys work closely with our real estate attorneys in order to combine our insight and expertise and get the best possible outcome.  Contact our Grayslake office at 847-223-1500 to learn more or to schedule a consultation.

We’d like to announce our firm’s new name: Churchill, Quinn, Hamilton, & Van Donselaar.   We’ve refreshed our logo and our website, too – get a sneak peek here:  www.grayslakelaw.com

New Name, Refreshed Look, Same Great Service

Although we’ve had a little update, you can be assured we are offering the same exceptional legal services as always.  2021 was a time for change in many companies.  We guided many businesses through the challenges the last year presented, and helped them reshape and refresh their companies.  Likewise, we decided to take this time to update our own business’s look as well.

Along with our new name, we’ve rolled out a brand-new logo and a refreshed website to acknowledge that we, like so many businesses, needed a bright, positive change.

Still Located In Downtown Grayslake

Rest assured; our offices are still in the same place – on the same corner in Downtown Grayslake where we have been for over 100 years!  We still make it a priority to give back to our community and look forward to sponsoring many more in-person events this year, including the Beer Festival, the Golf Outing, and of course, Grayslake Summer Days!

Providing Both Personal and Business Law

As always, our law firm is here, in your community, to help you through whatever legal challenge you are facing.  Whether you need a lawyer to go to court with you, challenge your increasing property tax, to fight insurance fraud, or solve a problem you’re having with your landlord or tenant, we are here to support you.

Here are a few other matters we can guide you through:

Family matters such as setting up a trust or estate, setting up living wills or powers-of-attorney, or wealth protection

Business matters such as filing a Workers’ Compensation claim, malpractice claims, forming a corporation or LLC, starting a charitable organization, or transactions such stock/asset purchases and sales, mergers and acquisitions

Real Estate items such as drafting commercial real estate contracts, rezoning of real estate, and residential or commercial leases

There are many more ways CQHV can help you personally or with your business.  We have a new name, our look is refreshed & our lawyers are here to help as we have always been!  For a free consultation, give us a call at (847) 223-1500 or find more info here.

There are laws in place that require employers to notify employees of certain workplace rights, through means such as posters or direct handouts.  Illinois laws do not require companies to provide an official employee handbook to each employee.  However, it is definitely a good policy to do so.  This way, every employee knows exactly what to expect right from the start. The beginning of a new year is the perfect time to review company procedures, new hire documents and especially the employee handbook.  Here are some essential topics to cover in yours.

Company Policies

Every company has their own set of policies in place that they expect employees to follow.  Therefore, it is important to make them aware of these policies from day one.  Your employee handbook should clearly state information regarding company policies such as:

• Allowable paid time off, such as sick days, vacation days or family and medical leave time, if applicable
• Benefits and eligibility
• Payroll information, such as disbursement of paychecks, overtime policies, etc.
• Business operating hours

Company Culture

An employee handbook should contain some information about the company itself, the workplace environment, and its legal acknowledgement of important policies pertaining to employee safety and well-being. This could include topics such as:

• Company history
• Company mission statement
• Diversity, equity and inclusion statement
• Antidiscrimination / equal employment policy
• Harassment policies
• Complaint procedures

Employee Expectations

An employee’s successful performance on the job depends on their understanding of what is expected of them.  The employee handbook should detail these expectations including topics such as:

• Code of conduct which explains how they are expected to conduct themselves while on company premises
• Attendance expectations
• Dress code policies
• Smoking policies on company premises
• Acceptable use of company computers
• Texting or social media use while at work
• Employee conflict resolution

General Disclaimers

Every employee handbook should include some general legal disclaimers that state:

• The handbook is not a contract or guarantee of continued employment
• Policies can change at any time
• The handbook allows room for employer interpretation, as not every situation can be addressed

In addition to a thorough employee handbook, you should also consider which other important documents you want to include in your new hire packet.  For instance, non-disclosure agreements are used to protect sensitive company information, and non-compete agreements are useful to discourage your employees from bringing their work experience to competing companies.

The attorneys at Churchill, Quinn, Richtman & Hamilton, Ltd. have decades of experience in business law and we provide legal guidance to our business clients in all aspect of their operations, including crucial employee documents.  We can help your business avoid litigation by creating a comprehensive employee handbook, along with other important policies and procedures.  Contact us to learn more at 847-223-1500 or https://grayslakelaw.com/practice-areas/business-law/.

The beginning of a new year is the perfect time to get started on making your dreams and goals a reality.  If launching a business is on the list, don’t put it off any longer!  To get you started, here are some important issues to pay attention to when getting that business up and running.

Spend Enough Time Planning

You can never be too prepared when launching a business.  Therefore, take the time during the important planning phase to develop a strong business plan that includes a detailed financial plan for the business and an effective marketing strategy.  Additionally, you should research who your ideal customer is. This way, you can examine the market in order ensure that your product or service is priced appropriately.  You will likely need this information in order to obtain a small business loan, and it will give you a solid foundation on which to grow the company.

Choose the Correct Business Structure

The business structure you choose affects the paperwork you need to file, how much you pay in taxes, as well as your personal liability.  So it’s important to choose carefully.  Some of the more common business structures include:

• Sole proprietorship
• Partnership
• Limited Liability Company (LLC)
• Corporation
• Cooperative

Selecting the correct entity structure is crucial to the success of your organization.  Our attorneys have in-depth experience in business formation and can help you determine the best option for your small business.

Decide on a Great Business Name

Choosing a name for your new business can be one of the most exciting, personal decisions in the process and it should be done with care for a number of reasons.  Selecting a name that best represents who you are as a company and what you offer can help the business become more successful.  Legally, it is very important to register your name in order to protect it.  This should be done at the state and federal level, as well as online with a website domain name.

Invest in Marketing

You may have the best business idea ever, but how will you let people know about it?  Even the biggest, most successful companies don’t rely solely on word-of-mouth to sell their products and services.  In the excitement of launching a business, remember to think long-term when it comes to promoting yourself.  With competition from brick and mortar businesses, as well as seemingly unlimited online outlets, letting potential customers know about your business and setting yourself apart from the rest is important to survive.

Hire an Experienced Small Business Attorney

Launching a business can be an overwhelming process, especially when it comes to the legal aspect of it all.  From beginning to end, there will be legal issues to contend with, documents to prepare and submit, licenses to apply for, and employment matters to understand.  Making a mistake at any time can wind up costing your business unnecessary fees or fines, or much more if a lawsuit is filed against the company.  Churchill, Quinn, Richtman & Hamilton, Ltd can be a valuable resource for any legal challenges your business may face.

Not only can we help you get your new business successfully up and running, but our experienced team can be your legal partner for the duration of your business operations.  Legal issues are a continual concern for a business owner, and our decades of experience will ensure that your business stays protected.  Contact our Grayslake office at 847-223-1500 to learn more.

When the holiday season rolls around, we think of family.  We look forward to annual gatherings, dinners and catching up with those who we might only see a few times a year.  Most people don’t immediately consider this a great time to discuss estate planning matters. However, since the family is all together, it could be the perfect time of year to have these important conversations.

Executor Instructions

One of the most important estate planning documents you can prepare is a will.  A will details your final wishes regarding child custody, asset distribution and more.  Naming an executor to take charge of distributing your estate is an important part of the process.  Many people choose a trusted family member to take on the role, so a family gathering is a great opportunity to convey any instructions and ensure that they understand your wishes.

Power of Attorney Assignment

A power of attorney is a document that appoints a person to handle your medical and financial matters should you become incapable of doing so.  It is wise to have a POA in place, no matter your age, as unexpected illness or injury can happen at any time.  When family is together, you can convey your own wishes and select a trusted family member to represent you if you become incapacitated.   Additionally, you can talk with aging parents and help them understand the importance of preparing a POA while they are still in good health.

Succession Planning for a Family Business

There can be many challenges involved when it comes time to pass on a family business to relatives.  Succession planning is a strategic way to identify who will take over the major roles in the company.  Developing a solid plan will help to ensure a smooth transfer of ownership and minimize disruptions to business operations when the time comes.  During the holiday season when family gathers to celebrate, it is wise to take advantage of that opportunity to discuss important details of the business and develop a strong succession plan.

Trust Us for Your Estate Planning Needs

We understand that some of these topics don’t always make for comfortable conversations.  But they are all important, and sometimes the holidays are the only time everyone is available to have a face-to-face discussion.

When you choose CQRH to be a part of your estate planning process, you can be assured that you’re working with respected professionals who have your best interest in mind.  Our attorneys have decades of experience in estate planning matters such as will preparation, probate and trust administration, powers of attorney, succession planning, gifting strategies and much more.  Contact us with all of your questions and concerns at 847-223-1500.

Turning 18 is a momentous occasion for any child, as they are now considered to be a legal adult.  Almost certainly, their first response is probably not going to be to rush out and have legal documents prepared. However, there are very good reasons to do exactly that – as soon as possible.

While they may enjoy the initial feeling of freedom (to vote, enter into a contract and make legal decisions on their own), that freedom comes with a great responsibility that they may not be fully prepared for.  As such, they may still want some support from you, as their parent, when it comes to serious decisions regarding their well-being.  Especially when they go off to college, they need assurance that you can help, even from across the country.  The following legal documents will provide peace of mind for both you and your child.

Medical Power of Attorney

If your adult child ends up in the hospital, a medical power of attorney can give you the authority to make medical decisions for them if they are unable to do so.  Without one, all medical decisions would be made solely by the doctors.

General Durable Power of Attorney

This document gives you the authority to make financial decisions on your adult child’s behalf.  This can allow you to help manage bank accounts or pay bills, or make larger decisions if they are unable to due to illness or disability.  Additionally, it can give you access to your child’s grades and transcripts.  Many parents do not realize that this information is not automatically available to them just because they are paying the tuition bill!

HIPAA Form

The HIPAA Privacy Rule establishes safeguards to protect the privacy of personal health information and prevents disclosure of certain healthcare information without patient consent.  The HIPAA form is a very specific document which permits healthcare providers to release medical information to persons named in the form.  It can be customized to specify exactly what information to disclose, and what not to, in case there are certain issues they wish to keep private.

Living Will

In addition to the above legal documents, a living will is also important for your adult child to have.  The living will document specifies which healthcare procedures they do or do not want if they were to become terminally ill or in a vegetative state.  If you are given the authority to make medical decisions for your child, it is very important to know their wishes about life-extending medical treatments or organ donation.

We Prepare Legal Document and So Much More

As your child becomes an adult, heads off to college and begins their new independent life, make sure they still have the support of loved ones in case of emergency.  The attorneys at Churchill, Quinn, Richtman & Hamilton, Ltd have decades of experience in estate planning and other areas of law, and can help you understand exactly which legal documents will benefit your child as they move through life’s important stages.  We can advise on powers of attorney and living wills, setting up a business, purchasing a new home, litigation strategies and so much more.  It’s never too early to make sure your child has the legal protection they need.  Contact us at 847-223-1500 to get started.

Many landlords have been waiting a long time to receive word that they are allowed to proceed with evictions.  The residential eviction moratorium that was put in place to protect renters who were not able to pay their rent due to pandemic-related hardships had a profound effect on many landlords.  While easing the burden on their tenants, many of whom no longer felt the obligation to pay their rent, the moratorium caused many independent landlords to fall behind on their own mortgage payments – with no protection in place for them. Now that the moratorium has been lifted, as of October 4, 2021 landlords once again have the option to take legal action against those tenants who don’t pay.

Legal Process to Evict

Now that evictions are no longer legally blocked, it is important to remember that there is a specific legal process that needs to be followed to legally evict a tenant.   The proper notices must be given to the tenant and the correct documents must be filed with the court in order to secure an eviction order.  However, even if a landlord takes the necessary legal steps to evict a tenant, that tenant might not leave. A renter can contest an eviction based on a variety of reasons, including errors in the landlord’s notification process, lease violations, building conditions and more.  For this reason, it is recommended to begin the process by consulting an experienced attorney that specializes in landlord-tenant disputes.

Landlords Need an Experienced Attorney

Competent legal assistance is extremely important when it comes to evicting a residential tenant.  While it may be tempting to simply change the locks and force a delinquent tenant from the property, it is illegal to do so.  Following the specifics of the law, right from the beginning of the process, can ensure a quick process and a favorable result.  Even if you think your case is straightforward, complications can arise at any time.  If a tenant does not want to leave, they can make it very difficult for you to have them removed. They can easily extend the process by challenging your actions and finding mistakes (however minor they may be) which could force you to start the process all over.  And of course, the more time your case is delayed in the court system, the more money you lose in unpaid rent.

At Churchill, Quinn, Richtman & Hamilton, Ltd, our experienced attorneys understand the legal challenges landlords face, and we can help you to legally regain control of your property as quickly and efficiently as possible.  Contact our Grayslake office at 847-223-1500 to learn how we can help you through even the most complex cases.

Preparing a will is not a task that most people look forward to.  For one, it brings into reality the possibility of not being here someday, and nobody really wants to think about that.  Also, younger, healthy people may feel like they have all the time in the world to get it done.  So it gets pushed off, and procrastinated and moved to the bottom of the to-do list over and over again. But when it comes to preparing that will, there is seriously no better time than right now.  Here is why you should not put it off any longer.

Prepare a Will to Protect Your Children

As a parent, protecting your kids should be at the top of your list of priorities.  If you can’t be here to care for them, a will allows you to specify who will take on that responsibility.  Without a will, you lose that power, as the court system will decide for you.

Prepare a Will to Decide Who Gets What

Even if you don’t have a huge estate, you still want to have the final say in how it gets divided among those you care about.  When you prepare a will, it will clearly state who gets your assets, property and even pets.  Additionally, you can also indicate if there is any person (such as an ex) that you specifically do not want to inherit any part of your estate.

Prepare a Will to Choose Someone to Manage Your Estate

In your will, you have the option of naming an executor who is responsible for managing the distribution of your estate and carrying out your specific instructions.  This should be someone you trust to responsibly wrap up the details of your estate, such as closing out accounts, paying final bills or debts, filing final income tax returns and more.

Prepare a Will to Keep Peace Within the Family

Unfortunately, the passing of a loved one can often lead to disagreements between family members.  Everything from how assets should be distributed to who should be in charge of managing the estate can all come into question without specific instructions that are detailed in a will.  Additionally, when no will has been prepared, your loved ones can be subjected to a more complicated, time-consuming and expensive process in probate court.  When you prepare a detailed will, you can help eliminate or reduce undue stress and unnecessary disputes among family members and keep peace within the family.

Prepare a Will for Peace of Mind

Knowing that you have your affairs in order in case of the unexpected can lead to a great sense of comfort.  When you prepare a will, you know that your family will be protected and your loved ones will not have a huge burden awaiting them.

We Are Estate Planning Experts

The team at Churchill, Quinn, Richtman & Hamilton, Ltd has decades of experience helping our community members prepare their estate and plan for the future security of their loved ones.  From will preparation to probate and trust administration, we can help you develop an estate plan that works for your specific needs.  Contact our Grayslake office today at 847-223-1500 to schedule a consultation.

The reason you purchase insurance, of course, is to financially protect yourself or your business.  The costs incurred from an accident, illness or other catastrophic event could be devastating without insurance protection.  So you pay your monthly premiums and assume your provider will have your back if you need them.  Unfortunately, that’s not always the result when filing an insurance claim.  Having your claim denied can be frustrating, and it may leave you wondering if there is any way to contest the denial.  Although it might be a difficult road, it is possible to get a denial reversed.  A qualified attorney, like those at Churchill, Quinn, Richtman & Hamilton, Ltd, can make a difference in whether you emerge victorious in your insurance claim dispute.

Every Insurance Policy is Different  

Each insurance carrier has their own set of rules and exclusions, and they can vary greatly between companies.  For example, what is covered, what is not covered, and under what circumstances, are all specified within the policy itself.  When an insurance claim is filed, the claims adjuster is responsible for determining if the claim is valid, based on his or her interpretation of the terms of the policy.  If the adjuster makes the decision to deny the claim it can be very difficult to get the decision changed.

Why a Claim Might Get Denied

A claims adjuster will deny a claim if he or she believes that the claim does not meet their criteria for approval.  Some examples of reasons for denial include:

• The claim exceeds the policy coverage limits
• You are filing a claim for coverage that you did not purchase as part of your policy
• You misrepresented information when applying for the insurance 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

What You Can Do to Dispute a Denied Claim

If you feel that your claim was unfairly denied, you can always ask the insurer to reconsider.  In the best-case scenario, they reverse their decision and your claim gets paid.  However, disputes involving insurance are typically not that easy, and most people don’t want to take on an escalated fight alone.  Insurance companies can seem large and intimidating, as they are often supported by a strong team of legal experts.  Accordingly, it would make sense to have an equally strong defense to argue your case.  An experienced attorney can help determine why the claim was denied, and therefore create the best strategy for a defense.

The attorneys at Churchill, Quinn, Richtman & Hamilton, Ltd have successfully represented many clients in a variety of insurance claim disputes.  From the real estate industry to auto policies to life insurance disputes and more, our team has the experience to help you get the results you want.  To learn more or to schedule an appointment, contact our office at 847-223-1500.

 

Additional information can be referenced here

Craft beer lovers are in for a really fun afternoon with the return of the Grayslake Craft Beer Festival for 2021.  The event is taking place on September 18, 2021 with regular admission running from 1:00pm – 5:00pm, and a special VIP session from 12:00pm – 1:00pm.  The festival grounds are located at 61 S. Whitney Street in Downtown Grayslake.  Once again, Churchill, Quinn, Richtman & Hamilton, Ltd is a proud sponsor of this annual Grayslake Chamber event.

Whether you are a long-time lover of craft beer, or if you are curious to try something new, there will be plenty of choices on hand.  With over 150 varieties to sample from over 65 breweries, covering a wide range of brewing styles and flavors, you might just find your new favorite beer!

Craft Beer for a Good Cause

While you are enjoying that fantastic beer, local food and musical entertainment, you can feel good knowing that you are also contributing to a good cause.  In fact, all of the net proceeds from this event will go to the Grayslake Scholarship Fund, NFP.  Each year, the fund has awarded more than $50,000 in scholarships to deserving students!

Ticket Information

VIP Tickets                           $75

Regular admission           $40 in advance

$45 if purchased at the door

Designated driver            $15

**Remember – if you purchased tickets for the 2020 event, they are still good to use this year on 9/18/21!

Purchase advance tickets here: https://events.beerfests.com/e/grayslakebeerfest/tickets

For additional important information, please visit: https://www.grayslakebeerfest.com/

 

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

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