Category: Uncategorized

 

If there was ever a great time to sell a house it’s now!  The market is hot, hot, hot, with newly-listed properties often fielding multiple offers, many even above the listing price. But for all the advantages of selling, home sellers must also be aware of their legal disclosure obligations in order to avoid legal issues down the line.

Federal Disclosure Requirements

If you are selling a home that was built prior to 1978, you must comply with the Lead-Based Paint Hazard Reduction Act of 1992.  This law requires the seller to provide the buyer with a disclosure statement regarding any lead-based paint in the house, as well as a specific Environmental Protection Agency (EPA) pamphlet.  Additionally, buyers must be given the opportunity to test for lead, warnings must be written into the sales contract and signed statements must be obtained from all parties (and kept for three years) that verify legal compliance of all requirements.

Illinois Disclosure Requirements

The Illinois Residential Real Property Disclosure Act was enacted in 1994 to protect home buyers from hidden or unanticipated home defects for up to one year after purchasing a home.  The seller must complete this form accurately to the best of their ability and fully disclose any known issues with the following:

• Flooding or leaking in the basement or crawlspace
• Defects in the foundation, roof, ceiling, chimney, walls or floors
• Defects in the electrical, plumbing, well or HVAC systems
• Defects in the septic or disposal system
• Safety of the drinking water
• Whether the property is located in a flood plane
• Presence of unsafe conditions concerning asbestos, lead paint, lead pipes or lead in the soil
• Presence of underground fuel tanks
• Known infestations of termites or wood-boring insects
• Boundary line disputes
• Whether the property is in violation of any laws
• Whether the property has ever been used a methamphetamine lab
• Whether the seller has occupied the property for the past 12 months

It is important for the seller to be honest when completing the disclosures.  In fact, if the buyer’s inspection reveals issues that were not initially disclosed, the buyer can legally terminate the sales contract.  Additionally, if the sale goes through but the buyer discovers issues after closing, the seller can be held liable for the cost to repair those issues for up to a year after the sale.

The experienced attorneys at Churchill, Quinn, Richtman & Hamilton, Ltd have assisted with thousands of real estate transactions throughout the years.  We know what to watch out for and how to keep you legally protected.  Whether you are selling your house on your own or with the help of a real estate agent, the disclosure requirements remain the same.  Working with one of our qualified attorneys will help ensure that you are in compliance with all applicable laws and avoid legal issues throughout the selling process.  If you’ve decided to sell, contact our office at 847-223-1500 and we’ll help you prepare the right way, right from the start.

Who’s Ready for Some Amazing Art and Great Wine?

 

Just in time to kick off a summer of fun, the Grayslake Arts Festival and Wine Tasting event is BACK!  Churchill, Quinn, Richtman & Hamilton, Ltd is a proud sponsor of this well-loved local event that’s hosted by the Grayslake Area Chamber of Commerce and showcases the incredible works of many talented artists.  While you are perusing the beautiful pieces, visitors who are 21 and older can try out a variety of wines that will be available for tasting.  This is a wonderful event where you can find and purchase a unique work of art and also discover a new favorite wine!

The Grayslake Arts Festival and Wine Tasting will take place on Saturday, June 19, 2021 from 10:00 AM – 4:00 PM CST in historic Downtown Grayslake, with the wine tasting hours at 1:00 PM – 3:00 PM.  Food will be available for purchase and entertainment will be provided by Slam Funk and Dance Connections.  Admission to the arts festival is FREE.  Tickets for the wine tasting are $12 in advance or $15 on the day of the event, and include a glass plus 4 tastings.

Visit the official chamber website for more information and to purchase advanced wine tasting tickets: http://grayslakechamber.chambermaster.com/events/details/arts-festival-and-wine-tasting-893?calendarMonth=2021-06-01

 

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.

Churchill, Quinn, Richtman & Hamilton, Ltd is a proud member and supporter of the Grayslake community.  In fact, our commitment to providing the expertise of a large firm in a small-town environment is rooted in our long and successful history in the village.  As Grayslake celebrates 125 (+1) years, we invite you to explore a little about the history of our firm, as well as some interesting facts about the village throughout the years.

Village of Grayslake

Early settlers arrived to the area in the mid-1830s, including William M. Gray.  Gray, along with other early families, established land around an unspoiled lake, which came to be named Grays Lake.   Eventually, the area began to expand, and in 1895 the local citizens petitioned to incorporate as a village.  On May 9, 1895, the Village of Grayslake was officially established.  Grayslake cherishes its history, and in fact, many of the original businesses and structures that were established in the early years are still standing today.

Churchill, Quinn, Richtman &Hamilton, Ltd

Our history in Grayslake goes back almost as far as the village itself.  And our high caliber of legal services was established right from the start.  Back in 1903, R.W. Churchill founded the firm with the commitment to become an integral part of the community’s fabric, while providing honest, high-quality service to our clients.  Families and legacies were important to R.W., and the firm has retained those values as new generations continue to join the practice.

As we have been located on the same street corner for over 100 years, we have seen great changes and growth in our community.  Through it all, we have been dedicated to supporting local events and organizations throughout Grayslake and Lake County.  We are also proud to share some of the memorable historical moments that defined our village and contributed to its overall sense of community.  Please enjoy this video series presented by the Village of Grayslake Heritage Center & Museum that highlights some fun facts about the village through the years.

Check back often to enjoy additional videos as they are added!

 

Whether you are trying to get a new business up and running, or you’ve been established for years, there comes a time when you will probably need additional capital to achieve your business goals.  However, finding the right financing for your business takes some research.  The type of financing you need is based on a number of factors.  You need to examine how much money you need, what you need to finance, how long you need to repay it and what your credit looks like.  Based on your answers, these are a few of the more common financing options to look into.

Traditional Bank Loan

Banks are usually a good place to start when looking for financing for your business.  Bank loans usually offer attractive rates and repayment terms, and you can get one lump sum upon closing to use for your business.  However, while the loan programs may be the most attractive, they are often reserved for established businesses with strong credit.  New businesses may find it more difficult to qualify for a bank loan, but it’s still worth it to try, if simply to gain valuable insight into the process.

SBA Loan

Businesses that cannot meet the qualifications of a traditional bank loan should consider an SBA loan.  The U.S. Small Business Administration (SBA) helps small businesses get loans by providing traditional lenders with a federal guarantee on your loan.  The SBA doesn’t actually provide the money, but they reduce the risk to the lender and make it easier for them to access capital.  In turn, this helps the small business get the money they need, typically with rates and fees that are comparable to non-guaranteed loans.

Venture Capital from Investors

Venture capital is private funding, and offers another alternative to typical bank or SBA loans.  Unlike bank financing, in which you repay a loan, venture capital firms usually invest in startups in exchange for equity, or partial ownership, in the company.  If a VC firm sees excellent potential for fast growth with your company, they might offer not only financing, but also valuable mentoring and professional development opportunities.  This could be worth the trade-off of giving up some equity, depending on your goals for your business.

Small Business Grants

The best kind of financing is free financing.  Some small businesses are eligible for grant money that doesn’t need to be paid back if they meet certain criteria, such as minority-, women- or veteran-owned businesses, or certain businesses that have been affected by the COVID-19 crisis.  They are typically offered through private companies, non-profits or government organizations and they usually require perseverance to find and apply for one.  But doing the work can certainly pay off in the end.

Friends and Family

If borrowing money from friends or family is an option, it is something to consider, as you probably would be able to get better terms than from a traditional loan. Close relatives, like parents or grandparents, may even be willing to loan you money interest-free for a time.  But you need to keep in mind what could happen if things don’t go as planned and you have trouble paying them back.  It might not be worth the risk of damaging a personal relationship, so this option is a harder choice than you might think.  If anything, it is wise to put the terms in writing, just to make all parties more comfortable with the arrangements.

Whichever financing option you decide is right for your business, working with a qualified attorney can give you a strong advantage.  The application process is not always easy, and properly preparing beforehand can increase your chances of receiving the money you need.  At Churchill, Quinn, Richtman & Hamilton, Ltd our attorneys have decades of experience in business law and can explain the legal implications of the various financing options, as well as represent your business throughout the process.  Our goal is to help ensure you receive the best financing terms according to the specific needs of your business and that your business is legally protected.  Additionally, we can also be a reliable advisor and offer valuable legal guidance to support you in achieving your business goals for the lifetime of your business.  Contact us at 847-223-1500 for more information.

Our world today has become increasingly dependent on a virtual environment.  Video conferencing, digital banking and online shopping allow us to take care of our daily personal and business needs without leaving the comfort of home.  In fact, many people are so comfortable with virtual transactions, that they consider it for their legal needs as well.  However, while an internet-based world makes it easy to cut out personal interactions, some DIY tasks are not always a good idea. In fact, typical “fill-in-the-blank” legal forms may appear to be easy, but they can often cause more trouble in the long run.

Problems With DIY Legal Forms

Pre-printed legal forms definitely have an appeal.  They appear to be a quick and easy way to take care of legal matters, with the fill-in-the-blank style seemingly leaving little room for error.  However, there are a number of issues with these types of forms that can lead to problems down the line.

• Document may be out of date – a quick online search can bring up results that are decades old, which means the law may have changed several times since it was published
• Instructions may not be clear – you might think you understand it, but if you don’t, there is nobody to ask for clarification
• It is easy to fill out a form incorrectly – online websites will not review your form for accuracy, which means errors are likely
• Mistakes go unnoticed until it is too late – you prepare legal forms in order to protect yourself and your loved ones, but even one simple mistake can make them invalid when you need them most
• One size fits all format – this usually allows little to no room for customization, even though each person has their own specific individual needs

Documents That Should be Prepared by an Actual Experienced Attorney

While it is possible to find just about any legal forms online, we have established that a lot can go wrong if you do decide to use them.  Some people may feel confident in their ability, and of course everyone has the legal right to represent themselves in most scenarios.  However, any important, legally binding documents should be prepared by an actual competent lawyer.  Avoid using generic legal forms for the following:

• Estate documents such as a will, living will, trust or power of attorney
• Residential or commercial lease agreements
• Business documents such as articles of incorporation, contracts, employment agreements or non-disclosure agreements
• Court documents regarding complaints, appeals, disputes or collections

Call Us for Qualified Legal Assistance

When a legal document is prepared or filed incorrectly, the consequences can be troubling.  For example, a landlord may not be able to legally evict a tenant if the terms were not thoroughly detailed in the lease agreement.  Or in the case of a will, your heirs may be subjected to undue expense and emotional hardships if it is contested due to a legal error.  Yes, it costs more to have an actual attorney prepare your legal documents, but you are paying for important experience and valuable professional advice.  And that is ultimately the best way to get the legal protection you need.  The attorneys at Churchill, Quinn, Richtman & Hamilton, Ltd have decades of experience in multiple areas of law and we have been valued members of the Grayslake community for over 100 years.  We take pride in the personalized service we provide to our clients, which is far beyond what you get from any online service or prefilled form options.  Contact us today at 847-223-1500 for the trusted, qualified legal assistance you deserve.

 

Additional information can be referenced here

Probate is one of those topics that most people like to avoid.  First, it usually means that someone has passed.  And also, many people don’t even know what it means.  However, at some point in your life you will probably be faced with this issue – and you will likely have a lot of questions.  Luckily, we are here to help.  Here are answers to some of the more common questions people have when it comes to probate.

What is probate?

Probate is the legal process of administering a person’s estate after they pass away.  This would include things like carrying out the instructions in the will, distributing assets, paying taxes, and more.

Is probate a complicated process?

The process of legally closing out an estate can be complex, often involving many steps to complete it correctly.  The executor of the estate, who is ideally named by the decedent in a will before they have passed, is in charge of carrying out the process.  Some of the major duties of the executor include:

• Files the appropriate documents with the court and is granted authority to settle the estate
• Sends notice to any interested parties, such as relatives or others named in the will, and creditors
• Takes an inventory of all of the estate’s assets
• Distributes the assets
• Pays any debts or taxes
• Files appropriate paperwork to close the estate

What can make the process easier?

The probate process can be made much easier for your loved ones if you plan ahead.  In that respect, one of the most important things you can do while you are living is to prepare a will.  This important document will detail your specific wishes regarding the settlement and distribution of your estate and will allow you to name a responsible executor that you trust to carry out those wishes appropriately.  On the other hand, if you pass away without a will the state will decide how things get distributed.  Additional ways to make probate easier would be to designate a beneficiary on your accounts, or create a trust that will directly pass certain assets or property to a specific beneficiary without probate.

Does every estate need to go through probate?

In Illinois, not every estate is required to go through the probate court.  For a smaller estate worth less than $100,000 and with no real estate involved, a small estate affidavit could be used to claim the estate.  Additionally, there are certain assets that do not need to be considered part of the total value of the estate, and do not need to go through probate.  These would include:

• Property or assets that are owned jointly with a spouse, such as a joint checking account or a home with both spouses on the deed
• Assets that are included in a revocable trust
• Accounts with a specific beneficiary listed
• Property or accounts that include a “transfer on death” beneficiary

Who can I go to for help with the probate process?

While it is possible to go through the process without an attorney, it is highly recommended to work with a qualified lawyer with experience in probate law. The probate process can be very complex and you will probably have MANY questions along the way.  Even a seemingly simple estate can get complicated quickly, if documents have not been filed properly or the will gets unexpectedly contested.  The experienced attorneys at Churchill, Quinn, Richtman & Hamilton, Ltd can help you get your estate in order by preparing important documents now, to make things easier for your heirs after you pass. Additionally, we can be a trusted expert to answer all of your important questions if you are in charge of settling a loved one’s estate.

We handle probate estates of all sizes and complexities, and represent trustees, beneficiaries, personal representatives, heirs, creditors and more.  Contact our Grayslake office at 847-223-1500 to learn more about how we can make this complicated process so much easier, and give you peace of mind during a very difficult time.

When you work for yourself, your business is in your complete control.  When it is time to expand, that usually means hiring another employee to help you achieve your goals.  However, the minute you hire anyone to work for you, you subject your business to the potential risk of an employment-related lawsuit.  But don’t let that stop you from growing and expanding – just make sure you are fully prepared with your hiring and employment practices.  Before you hire your first, your tenth or your one hundredth employee, following these guidelines will help to keep your business protected from legal action.

Create an employee handbook

There’s no legal requirement that says you must have an employee handbook.  However, it is actually a very important document that every employee should receive on their first day.  Every company is different, so an employee handbook can convey your specific business policies, company culture and employee expectations.  This can go a long way in avoiding any confusion or potential conflicts down the line.

Establish a diversity management plan

Every business should strive to establish diversity in their workplace.  When hiring new employees, business owners should always adhere to federal Equal Employment Opportunity guidelines and establish hiring procedures that are free from biases based on an applicant’s age, race, gender, religion or sexual orientation.  Additionally, to promote a greater sense of diversity, you can try targeting your applicant search by sourcing specific schools or cultural organizations or by asking for referrals from current employees.  It’s important to have a plan in place for expanding your diverse workforce, as well as strategies to encourage a cohesive working environment.

Develop a comprehensive employment contract

Also known as an employment agreement, an employment contract lays out the full agreement between your company and the employee.  Important items to be listed in the contract would include the employee’s legal name and address, job title and description, the agreed-upon salary and benefits, and the hours they are expected to work.  Additionally, the contract can include a non-disclosure agreement to protect company information, a non-compete agreement that prevents the employee from going to work for a competitor, as well as reasons for termination.

Obtain proper insurance

Having the right insurance policies in place is a smart way to protect your business from a lawsuit.  If you have any employees, it is wise to have a worker’s compensation policy to cover an employee’s costs (such as medical bills and lost wages) if they are injured on the job. General liability insurance is also a must, as it will protect your business in the event that one of your employees causes injury or property damage to a third party.  If you have any employees that drive to conduct company business, you’ll also want to confirm that you have the correct auto policy in place with adequate coverage.  Your attorney or insurance agent can suggest the right policies for you, based on your specific working environment.

Establish a partnership with an experienced business attorney

One of the most valuable partners you can have for your small business is an experienced business attorney.  The information listed above is just a small sample of the many documents and policies you should understand and implement from the time you hire your first employee – and a good business attorney can help you establish the best policies and procedures to help you avoid potential lawsuits.

The legal team at Churchill, Quinn, Richtman & Hamilton, Ltd has decades of experience helping our business clients establish a solid structure and navigate the legal challenges they face when it comes to their employees.  From advising on and preparing important documents, to keeping them informed of new employment laws, to representing them in and out of the courtroom, we work to put our clients in the best position to attain a successful outcome in the event of legal action against the business.  Contact our office at 847-223-1500 to learn more about how we can help protect your small business.

Young, growing families often focus on living in the moment.  Maybe it’s settling into a new marriage, happily anticipating a new baby on the way or watching their young children discovering the world around them.  Estate planning is usually one of the last things on their minds, but that’s a big mistake!  The best way to plan for the future security of your family is to start as early as possible.  When it comes to estate planning, here are some things that a growing family needs to think about.

Estate Planning is not Just for the Wealthy

One reason young families put off estate planning is that they don’t understand what it actually entails.  They believe that they must wait until they have accumulated enough “stuff” to warrant putting a plan together. But estate planning is much more than that, and it does not matter how many assets you have.  When kids are involved, a good estate plan is necessary to provide direction and protection for now and for the future.

Make Sure the Kids are Protected in Case of your Passing

Your kids are the most important thing in your world, and you are dedicated to making sure they are always taken care of.  But what would happen if something happened to you?  Thorough estate planning strategies can ensure you have established a plan to:

• Appoint a guardian for your children, who has the legal authority to care for them
• Develop detailed instructions for the guardian regarding care, values, medical histories and more
• Establish a trustee to manage and distribute your assets to your children when they reach a specified age (or on a certain timeline, such as a portion at age 18, 21, 25, etc.)
• Specify certain funds to be used for your child’s education, wedding or home purchase
• Have comfort knowing that you – NOT the court system – have made the final decisions regarding the care of your children

We Will be Your Estate Planning Advisers for Life

Young families may have different needs than older families when to comes to estate planning. So as your family grows, you can benefit from adjusting or adding to your plan. We have decades of experience in all areas of estate planning and can also help you to:

• Designate a power of attorney for healthcare, who can legally make healthcare decisions for you if you are unable to, in case you were to become disabled
• Establish trusts to protect and preserve your growing assets for current and future generations
• Understand the best financial strategies for charitable gift giving
• Avoid complex probate issues for your heirs, no matter the size of your final estate

At Churchill, Quinn, Richtman & Hamilton, Ltd, we understand that talking about some of these issues may not be easy.  But it really is necessary for the peace of mind that your family will be taken care of according to your specific wishes.  Our experienced team can help you work through the entire process and develop the right plan for your growing family.  Contact us at 837-223-1500 to learn more and to get started.

A small business owner gets pulled in many different directions.  They are responsible for the success of the company and are continually faced with changing legal requirements that they must understand and adhere to.  Here are some of the top legal issues that small business owners are dealing with in these changing times.

COVID-19 Regulations

The COVID-19 pandemic has certainly created a whole new world of legal issues for business owners.  Employee safety in the workplace has become the focus, with emphasis on procedures for employees who test positive for the virus or who exhibit symptoms, as well as those who have had close contact with someone who has.  Adhering to the Families First Coronavirus Response Act (FFCRA) is mandatory for employees needing time off for a COVID-19 related reason. And for the small business owner that is in need of Paycheck Protection Program (PPP) funds, there are strict rules that must be followed in order to take full advantage of the assistance.  When it comes to the overwhelming number of ever-changing laws and regulations surrounding COVID-19, an experienced business attorney can ensure that business owners stay current while providing the safest environment possible for their employees.

Business Policies

Whether dealing with other businesses or directly with the public, small businesses are rethinking their operations policies due to the changing environment caused by the COVID-19 pandemic.  In order to be more accommodating to clients, a small business owner may opt to alter policies.  For example, they might extend the time frame for returns or be more lenient with their collections procedures.  Another difficult situation concerns the handling of signed contracts.  In some cases, a client may have signed a contract for goods or services, but due to current conditions may not be able to fully utilize them (such as a booked venue or catering services, for example).  Trying to enforce the terms of a signed contract can lead to a lawsuit, even though the contract is legally binding. It is always a smart idea to discuss your current policies and contracts with your business attorney. We can help you determine how to best avoid the potential for lawsuits, when you might want to have flexibility in cancellation policies, and when to maintain current policies and practices.

Privacy Issues

With so many employees working from home on an extended basis, a number of privacy concerns have surfaced.  For example, there are strict state and federal laws and regulations concerning consumer data, and businesses are expected to keep this information private.  For this reason, it is very important to have revised, thorough guidelines in place for employees that are handling sensitive, private consumer information when off-site.  Additionally, the increased use of video conference calls presents a new set of privacy issues.  Employees may have privacy concerns when it comes to exposing personal information, unauthorized recordings of the meetings, or even the risk of hackers gaining access to proprietary company information.  A thorough review of procedures and cyber security management are essential in these times.

Diversity and Inclusion

Now more than ever, the small business owner needs to clearly and unequivocally state that they will not tolerate any kind of discrimination in their workplace.  Improving diversity in the workplace is essential, with increasing focus on inclusive recruitment in terms of race, gender, ethnicity, sexual orientation and culture.  However, despite good hiring intentions, business owners need to keep in mind that Title VII of the Civil Rights Act of 1964 prohibits employers from discrimination based on race, color, religion, gender and other traits protected by law.  This can be a tricky legal catch-22 when attempting to maintain a diverse workforce, but at the same time not considering these traits when hiring.  It is legal to devise a strategic plan for a diverse, inclusive workplace, but a small business owner needs to rely on the good advice of their business attorney to make sure they are following every aspect of the law.

 

With the growing legal responsibilities being placed on small business owners due to constantly changing work environments, it is clear that working with an experienced business attorney is vital to the success of any organization. Churchill, Quinn, Richtman & Hamilton, Ltd has been providing expert legal guidance to our business clients for decades. We understand the complex nature of the legal issues that many small businesses face and we are dedicated to helping our clients navigate these challenges.  Contact our office at 847-223-1500 for more information or to speak with our team.

The housing market is booming and houses are selling fast these days!  Buying a home is a strategic process, so buyers need to be ready to act quickly to secure their dream home.  But real estate buyers and sellers should not be in such a hurry that they lose sight of important details in the process.  One way to avoid costly mistakes along the way is to hire an experienced real estate attorney.  Here are some issues that can turn into major problems without proper attention.

Sales Contract is Not Complete

The real estate sales contract is the agreement between the buyer and seller that finalizes the sale.  Once accepted by both parties, it becomes legally binding and neither party can simply change their mind.  Therefore, it is very important to ensure that all information in the contract is accurate and acceptable.  Your attorney can help negotiate the offer, verify contingencies for the sale of another property or acceptable home inspection, confirm that important items such as appliances, window treatments or light fixtures will be left in the home, as well as check for any factual errors throughout the document.

Disclosure Statement Issues 

Sellers of residential properties must make sure that a disclosure statement is completed accurately and honestly.  This important mandatory document discloses the seller’s knowledge of the condition of the property.  This can include defects in the foundation, roof, plumbing or electrical systems, as well as any known infestations or building code violations.  Based on the information on the document, a buyer may want to renegotiate a selling price or even decline an offer completely.  Additionally, a seller may be held legally liable for future issues that were not disclosed on the document, so a legal review can be very important.

Final Walk-Through Issues

Shortly before a real estate closing, buyers should always complete a final walk-through of the property.  The purpose is to ensure that the property is still in its acceptable, agreed-upon condition.  This would be the time to verify that all items listed in the sales contract are present in the house, that all appliances and electrical and heating systems are still working, and that there has been no additional damage to the property.  Your attorney can get involved and help negotiate compensation if any of the contract contingencies are not met or if there is new property damage to repair.

The Title is Not Clear

The title gives a person legal ownership of a property. Before the property can be transferred to a new owner, a title search must be completed to verify current legal ownership and any liens that are attached to the property.  Problems can arise if any liens, such as an old mortgage, judgment or delinquent taxes, still appear on the title.  Likewise, a divorce, trust or probate issue can create questions as to the legal ownership status of the property.  All of these title issues must be cleared up before the property can be legally transferred, so having an experienced attorney review this document is an important part of ensuring a smooth closing process.

Incorrect Closing Documents

One surefire way for a closing to get disrupted is due to errors on the closing documents.  There are a lot of documents that need to be signed in a real estate closing, and each one needs to be inspected to ensure accuracy.  An error in an address, incorrect spelling of a name, inaccurate loan amount, or even missing pages can all cause serious delays in the closing or may lead to legal issues if not corrected at all. Having your attorney review the entire document package prior to the closing can help ensure that any errors are found and corrected before it is too late.

Buying or selling a home is a big responsibility, and should not be taken on alone.  Our team at Churchill, Quinn, Richtman & Hamilton, Ltd has decades of experience with real estate transactions and will help to ensure you have a stress-free process, from initial offer through the closing.  Give us a call at 847-223-1500 at the beginning of your home search so we can help at every step along the way!

If you’ve received a letter stating you filed for unemployment when you did not, you are one of the hundreds of thousands of people that are caught up in the IDES (Illinois Department of Unemployment Security) unemployment fraud happening right now.

Most people receive one or all of:

• A letter from IDES stating that you have filed for unemployment
• A letter from IDES detailing your unemployment benefits
• A debit card from a bank stating it contains your unemployment benefits money
• A call from your HR department asking why you filed for unemployment

Why Bother Doing Anything?

If you did NOT actually file for unemployment it is still essential that you report the incident as thoroughly as possible.  The first reason is because this is identity fraud which needs to be reported in case your compromised information is used elsewhere.  Also, if the unemployment was approved and payments were made (even if you didn’t receive anything), these payments could be reported to the IRS and they could show up on your income tax liability.  Having the proper documentation could go a long way if you need to show why these payments were fraudulent so you don’t have to pay taxes on them.

So, What Should You Do Next?

The next step should be to call your local police department and file a report with them.  Have any information you have received on hand to supply the officer with the necessary details.  Usually, they will take down your information and call you back with the Case Number.  WRITE DOWN the name of the detective and the Case Number.

Next, Call IDES

Again, have all of the paperwork you received in front of you.  The number to call for IDES Fraud is 800-814-0513.  Most likely, you will get a recording that tells you to leave your cell phone number and you will get a call back on that number.  You may also receive a confirming text on your cell phone.  It could take up to 3 weeks to get a returned call so do not call again.

When an IDES agent returns your call, give them all of the information you have, including the Case Number from your local police department.  They will file a claim on your behalf stating you did not file for unemployment.  WRITE DOWN the date you spoke to someone, that person’s name, & your claimant ID number.

Then, Send a Certified Letter

Although you may not be specifically told to do this, we would recommend you send a certified letter to IDES stating you did NOT file for unemployment and include all of the information you have obtained plus copies of any paperwork you received.  COPY your letter & all attachments before sending and keep everything together, along with the certified letter receipt.

Here are some additional things you could do to report the Identity Theft as suggested in this article:

• Contact all three major credit reporting agencies to report the identity theft.
• Report unemployment fraud at illinois.gov/ides. Review bank accounts and notify institutions that have your financial information. Any funds deposited from unemployment must be paid back.
• Contact the Social Security Administration at gov/antifraudfacts/.
• Report the fraud at gov.

Because this is a changing process, these steps may NOT be all-inclusive of the steps you need to take but rather should act as a guide to help you along the process.  We highly suggest:

• Document Everything
• Write down dates & times when you make AND receive calls
• Note the name of the person you speak to each time
• Keep ALL the paperwork you receive
• Keep COPIES of anything you mail, along with the mailing receipt(s)

We hope this helps you navigate what could be a complicated issue.  As always, if you have any questions with legal matters, the team here at Churchill, Quinn, Richtman, & Hamilton is always ready to help.  We are available to our Grayslake community & northern Illinois neighbors – contact us here:  https://grayslakelaw.com/contact-us/

 

Legal issues can arise at any time, for anyone, at any age.  And while a good lawyer is important throughout all stages of your life, seniors can be especially vulnerable.  There are a number of common situations a senior could be faced with in which they could benefit from the help of an experienced, trusted attorney.

Decision-Making Abilities

Many seniors get to a certain point in life where making sound decisions regarding money or healthcare can become difficult due to their declining health or mental capacity. This can be confusing and scary, and can sometimes end badly.  In order to avoid this, seniors should take certain steps early on to set some legal parameters to carry out their wishes.

For example, a power of attorney for both healthcare and finances appoints a trusted person to make decisions for you in case you cannot make them for yourself.  Additionally, a living will clearly states your wishes regarding end-of-life medical treatment.  Another smart precaution seniors can take is to prepare a guardianship agreement in advance, which gives a trusted person legal responsibility for your personal care, that would go into effect in the event if certain health conditions are met.

Real Estate Issues

Growing older can lead to the inevitable “empty nest”, where the kids have moved on and the house suddenly seems too large.  Aging and medical issues can also make walking up and down stairs more difficult.  Whatever the reason, it is common for seniors to sell their house and downsize to something smaller, move to a warmer climate, or even into an assisted living facility.  When selling or purchasing real estate, a senior should have a qualified attorney to review contracts, assist with offers and ensure all closing documents and title policies are in order.

Gifting

As people get older, they often think of passing on their wealth to their heirs.  Many seniors want to start gifting while they are still living, but this can cause some legal issues.  For example, giving away too many of your assets can cause you to be penalized by Medicaid if you try to apply for long-term benefits.  It is always a good idea to speak with your attorney and develop a well-thought-out plan for gifting during your retirement years.

Legal Issues Following the Death of a Spouse

Losing a spouse is extremely difficult and can come with an overwhelming list of legal responsibilities.  After initial tasks like notifying loved ones and planning the service, estate issues involving the will, trusts, assets, debts, taxes and more must all be settled.  An experienced estate attorney like Churchill, Quinn, Richtman & Hamilton, Ltd is essential during these times to ensure everything is completed properly.

Nursing Home Abuse

One of the hardest legal issues facing seniors can be improper care at a nursing home.  Abuse in a healthcare facility can include physical abuse, overmedicating, verbal abuse, lack of proper nutrition, poor hygiene and much more.  Unfortunately, it can be a common occurrence and legal assistance should be sought out at the first sign that you or a loved one may be a victim.

Churchill, Quinn, Richtman & Hamilton, Ltd has been an active member of the Grayslake community for over 100 years and we proudly support the senior members of our area with compassion and dedication.  Contact our office at 847-223-1500 for more information or to schedule a consultation.

Small businesses have been hit hard in these times of COVID-19.  So many are trying to stay afloat, but are facing big challenges due to clients that cannot pay their bills on time.  Here are a few practical suggestions for maximizing your collections efforts.

Understand that Everyone is in the Same Boat

The financial effects of the pandemic have affected people at all levels.  And while your business might be suffering, it is important to remember that others are likely going through the same thing.  So if there is a way to be flexible, by providing a slight extension on a due date, for example, it might pay off when trying to collect.  Clients that have always paid their bills promptly may just need a little extra time to get the payment to you and would probably appreciate the willingness to accommodate them.

Try Multiple Channels of Contact

Business structures are very different right now.  Many employees are working from home and are not as organized as they are when in the office.  If your emails have gone unanswered, try calling instead.  And unfortunately many employees have been laid off, so the person you thought was your collections contact may not be anymore.  Don’t be afraid to go up the chain of command to get to the right person.

Try Renegotiating Payment Terms

It would not be fair to expect you to completely release a client from their obligation to your company, but it might be beneficial to all involved to alter the original terms of their payment to you.  Perhaps providing a payment plan that would allow your client to pay in smaller increments over time instead of one lump sum would be a viable option.  Another option might be to forgive the accrued fees or interest in order to allow the client to pay in full.

Get Help When Your Efforts Have Failed

As a business owner you should try to preserve your good clients whenever possible.  Showing them flexibility now, when times are hard, will go a long way in securing their loyalty as a customer in the future.  Of course, trying to settle past due debt can be difficult, and your collections efforts may not always yield the results you were hoping for.  When legal action needs to be taken, Churchill, Quinn, Richtman & Hamilton, Ltd is the right choice for representation.  Our firm has extensive experience and expertise in collections litigation and can help your company recover the money that is owed to you.  Contact our office at 847-223-1500 to make an appointment with our team.

 

Additional information can be referenced here

Some of the greatest joys in life can come from pet ownership.  Whether it’s a dog, cat, bird or even a farm animal, our pets can be a source of companionship, amusement and unconditional love.  However, with all of the positive benefits of owning a pet, there can also be some drawbacks.  In fact, there are some legal issues that every pet owner should take note of.

Dog Bites

If your dog bites someone, that person may likely file a lawsuit for damages such as medical costs and pain and suffering.  It may have been an accident, or the dog may have broken off of their leash.  Or it may even be a case of the person taunting the animal, thereby causing it to act aggressively.  But according to varying state laws, it may not matter what the reason behind the bite may be.  The owner or person in charge of the dog may be liable for damages regardless of the situation.  However, many states, such as Illinois, may provide for exceptions to the dog-bite liability statutes if you can prove that the dog was provoked.  Illinois’ statute 510 ILCS 5/16 covers dog bites and related injuries.

 Nuisance Claims

Many pet owners may wonder if it is actually illegal if their dog continuously barks outside.  Likewise, the issues may come up in the case of barnyard animals, like roosters making excessive noise at sunrise.  Specific ordinances and fines regarding animal noise, or simply noise levels in general, vary by city and county.  Most do reference violations for excessive animal noise, and fines tend to increase for each subsequent offense.  Additionally, neighbors filing nuisance claims for loud animals can sometimes bring other violations to light, including animal vaccination violations, fencing violations or prohibited animal violations.  Overall, keeping your pets reasonably quiet will keep the peace in your neighborhood and help you to avoid additional legal trouble.

Pet Custody Issues

Pets can definitely become like family members.  Unfortunately, if a couple separates a legal battle can ensue for custody, especially if there are no actual children involved.  Sadly, many states view pets solely as “property”, treating them no differently than a piece of furniture.  In Illinois, pets are technically considered to be property, but are also viewed as companion animals.  Therefore a judge can take a pet’s well-being into consideration when determining sole or joint custody.  Additionally, the Illinois Domestic Violence Act of 1986 (750 ILCS 60/214) allows a judge to award temporary legal custody of an animal to one partner if there is evidence of domestic abuse that also presents a danger to the animal.

Estate Planning Considerations

On the same note regarding pets being members of the family, provisions should be made for their care in the event something happens to their owners.  It is a great idea to specifically mention your pet in your will so you know they are going to be cared for by the person of your choice.  However, you cannot legally leave actual money or property to your pet.  So if you want to provide a monetary allowance for the caregiving of your pet, it is best to leave it to the person who will assume custody.  Another legal consideration for short-term pet care, in the event that you are unable to care for your pet due to illness, is to prepare a Power of Attorney for Pet Care.  This document would provide a caregiver the legal authority to act on your behalf to make decisions for your pet according to your directives.

Our Attorneys are Skilled in a Variety of Practice Areas

At Churchill, Quinn, Richtman & Hamilton, Ltd, we are here to provide legal guidance in many different aspects of your life and business.  From minor consultations regarding ordinance violations to complete estate planning to major litigation services for individuals or corporations, we can make sure you are legally protected in times of need.  We have been a respected member of our community for over 100 years and we look forward to providing you with the personalized, high-quality representation we are known for.  Contact us at 847-223-1500 for more information or to schedule an appointment.

Selling a small business is never an easy decision.  As a business owner, you put a lot of time and effort into building the business.  Therefore, it is often not just a financial decision, but an emotional one as well.  For this reason, it is important to have as much information as possible before moving forward.  If you do come to the conclusion that selling is the best route, be sure to avoid these common mistakes.

Not selling at the right time

Timing is everything when it comes to selling a small business.  Before listing your business, there are steps you should take to ensure it is best-positioned for a profitable sale.  Gather financial and tax documents for the last several years as well as legal documents such as leases agreements or client contracts.  Additionally, you should get the physical working area organized and in good working order by cleaning and completing necessary repairs.  While preparation is important, it should be done in a timely manner, since waiting too long to sell can also be a mistake.  The market can change quickly, and many factors can affect a buyer’s willingness to make an offer.  Evaluate your situation carefully and list when business is good in order to increase your chance of a good sale.

Not valuing the small business properly

In order to determine a reasonable listing price for your business, you must be sure that you have an accurate valuation.  You don’t want to lose money by selling it for too little, but listing it at too high of a price can scare off potential buyers.  It’s a good idea to get a professional business valuation which will give you an objective opinion of a reasonable selling price, based on the strengths and weaknesses of your business, its financial soundness and a comparison of your competitors and similar sales.

Trying to do it alone

Selling a small business is a complex process.  So it is unrealistic to expect that you could successfully navigate the whole process without any help.  This is your life’s work, so it is important to call in the experts to make sure the deal goes smoothly.  For the best support and guidance, surround yourself with a competent team.  First, this should include a business broker who can be extremely valuable in matching the right buyers and sellers.  Next, a good accountant will advise on your financial status, including your assets and liabilities and what will be included in the sale.  Finally, an experienced attorney is essential throughout the process for negotiating, preparing the necessary agreements to legally transfer the business, as well as ensuring that you complete the sale free from any further obligations or liabilities.

Not being financially prepared for life after the sale

When selling your small business with the intent of retiring, you must make sure you are prepared financially for life after you’ve sold it.  With no business to draw regular income from, you should have confidence in your savings and investments, as well as have a solid estate plan in place for security.  Working with an established attorney before you retire can help you develop a sound financial strategy for wealth protection throughout your retirement years.

The team at Churchill, Quinn, Richtman & Hamilton, Ltd is experienced in mergers and acquisitions and will be a valuable partner in selling your small business.  From transfer agreements to non-disclosure agreements to negotiating the best terms for your sale, we have decades of experience offering innovative approaches to complex transactions.  Additionally, our estate planning experts will help ensure your wealth is protected now and for future generations.   Contact us at 847-223-1500 or visit us online to learn more.

Additional information can be referenced here

While nobody wants to think of their eventual passing, getting your estate in order now is the best thing you can do to protect those you love in the future.  When you pass without a solid estate plan in place, your family may be subject to a lengthy probate process before your estate can be distributed.  One of the most important things you can do to make the process easier is to select a trustworthy executor to make sure your wishes are carried out as you intended.

Role of an executor

An executor is responsible for carrying out the terms of a deceased person’s will.  The will is a document that specifies a person’s final wishes and how they want their estate dispersed after they pass.  Acting as an executor is a big responsibility, as they become the legal representative of the deceased person’s estate.

Appointing an executor

There are a few basic requirements a person must meet in order to be named as an executor in the state of Illinois.  They must be at least 18 years old, a U.S. resident, and must be of sound mind. Additionally, Illinois prohibits anyone from serving as an executor that has a previous felony conviction.  It is wise to name an executor who lives close by, as the responsibilities may require a great deal of time, and may involve in-person appearances within the court system. However, if the executor lives outside of the state of Illinois, they may be required to post bond in some cases.

Above all, when preparing a will it is very important to name an executor who is responsible and who you trust to carry out your final wishes.  A person can refuse to accept this role, so it is smart to ask first, and then review a copy of the will beforehand to make sure everything is clear so there is no confusion after you pass.

Important duties

The primary focus of an executor is to manage and distribute a deceased person’s assets along with paying their debts.  A more detailed description of responsibilities could include (but is not limited to) the following:

• File the will and death certificate
• Notify others of the death (such as friends, family, financial institutions or government agencies)
• Get legally appointed by the court to be the executor to begin the probate process
• Set up an estate bank account
• Represent the estate in court
• Make an inventory of assets
• Properly care for the estate’s assets until they can be distributed
• Pay debts and taxes
• Distribute assets

We are estate planning and probate experts

Whether you are planning the best way to protect your estate for your heirs or trying to navigate the probate process after a loved one has passed, chances are you will need some help along the way.  Being named as an executor can be particularly overwhelming, especially if the estate is large or the will is complicated.  Our team is highly experienced in all areas of estate planning and probate and we can help alleviate some of the stress that is often involved when dealing with these matters.  Contact our office at 847-223-1500 for further information on probate, will preparation, estate planning, trust administration and more.

 

Additional information can be referenced here