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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• Document may be out of date – a quick online search can bring up results that are decades old, which means the law may have changed several times since it was published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.

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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.

 

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Most people understand the important role an insurance policy can play as a form of financial protection in various areas of their lives.  And if the need arises to file a claim, they would also expect a quick and fair settlement from the insurance company.  But unfortunately (and surprising to many), purchasing an insurance policy does not automatically mean that your claim will be paid.

Whether you have a personal or business insurance policy, there is always a chance of your claim being denied.  Some examples of insurance policies that often encounter disputes might include:

• Auto insurance
• Residential homeowners insurance
• Title insurance
• Commercial property insurance
• Commercial general liability insurance
• Workers’ compensation insurance
• Medical insurance
• Life insurance
• Disability insurance

Why an insurance company may deny your claim

Insurance companies, like any business, want to maximize their revenue and minimize their losses.  Therefore, they often look to limit their payouts or even completely deny claims when possible.  Some common reasons that an insurance company could use to deny a claim would include:

• Coverage may not have been in effect due to missed payments or other factors
• There is a question of liability, or who was at fault, in the case of an accident
• The terms of the insurance policy may have been violated
• The information you provided on your original insurance application may be in question

Bad faith denials

One common and particularly frustrating form of denial is when the decision by the insurer is made in bad faith.  This means that the insurance company intentionally denies the claim when there is no valid reason to do so.  Or similarly, they could drag out the case for an extended period of time thereby delaying a settlement indefinitely.  If you believe you are a victim of bad faith by your insurer, you should speak to one of our attorneys who can help determine if a lawsuit would be an appropriate course of action.

An experienced attorney can help get a denial overturned

Insurance litigation is a very complex area of law.  An insurance policy tends to be very long and filled with legal fine print that is essential to understand if you want to succeed in a dispute with a large insurance company.  Our legal team at Churchill, Quinn, Richtman & Hamilton, Ltd is highly qualified to represent both individual and business clients in matters of insurance disputes and have helped our clients achieve successful resolutions in a wide range of situations.  Schedule your initial consultation to learn more about resolving your insurance claim dispute by calling 847-223-1500.

A medical environment, whether a hospital, doctor’s office, clinic or nursing care facility, can be chaotic at times.  In addition, extended wait times and unhappy patients can put added pressure on the medical staff.  However, this does not mean that the care you receive should be less than you deserve.  Medical malpractice can occur in any number of situations and it is something every patient needs to be aware of.

What Constitutes Medical Malpractice

Medical malpractice occurs when a medical professional or organization fails to provide appropriate care to a patient, which then results in injury or harm to the patient with damaging or lasting consequences (such as pain, suffering or other hardship).  This law refers to the actions of a doctor, nurse, hospital, surgical center, or any other professional or place that provides medical treatment.  It should be noted that a poor medical outcome is not always due to malpractice.  However, every patient has the right to a certain standard of care.  If that right is violated, legal action can be taken.

Examples of Medical Malpractice

There are different forms of medical malpractice which can be noted throughout the healthcare process.

• Diagnosing errors – doctors have the difficult responsibility of observing a patient’s symptoms, medical history and other contributing factors to determine what is wrong with them. Failure to correctly diagnose a patient can lead to an incorrect treatment plan and loss of time to appropriately cure what they actually suffer from.  Unfortunately, in a case of a serious disease, an initial diagnosing error can mean the difference between life and death.

• Surgical errors – surgeries are serious procedures, and patients put a lot of trust into the ability of their doctor and team to perform them safely and correctly. When a doctor makes a mistake during a surgical procedure, the results can be disastrous.  Errors such as operating on the wrong body part, nerve or tissue damage, or even leaving a foreign object inside a body are all grounds for legal action for medical malpractice.

• Medication errors – it is extremely common for a doctor to prescribe medication as part of a treatment plan. This practice, however, allows for a variety of situations in which errors can occur.  Prescribing a dose that is too high or too low, prescribing a medication that a patient is allergic to or has dangerous interaction with other drugs the patient is taking, or administering the wrong medication altogether can all be serious forms of medical malpractice.

What to Do if you Suspect You are a Victim

Again, not everything that goes wrong in a doctor’s office or hospital is a result of medical malpractice.  Certain criteria must be present if you want to successfully bring a claim against a medical provider.

• A duty of care was owed by the medical professional or hospital
• An action, or a failure to act, by the medical provider has breached the duty of care
• That breach directly results in injury or harm to the patient
• The patient experiences considerable physical, emotional or financial damage as a result of the breach

Medical malpractice claims are complex and it can be difficult to go up against a large medical practice or facility.  Call our office at 847-223-1500 to schedule your complimentary consultation to discuss your case.

Additional information can be referenced here

Investors of rental property are in the business of making money.  Whether on a small scale, like a residential property, or larger scale, as is the case in commercial leasing, landlords depend on consistent monthly rent payments in order to not only profit, but to cover their own financial obligations, such as mortgages, taxes, insurance, etc.  COVID-19 is the underlying reason behind many missed rent payments these days, and it is affecting landlords at all levels.

Residential Landlords

For landlords who are renting out an individual property (such as a single-family home, condo, townhouse or 4-unit building), non-payment of rent can be a difficult situation, as they often know their tenants on a more personal level.  Additionally, a smaller, residential landlord may not have a large cash reserve to cover the bills in the event of even one month of missed rent.  Here are a few suggestions for landlords that are trying to maintain a relationship with their tenant while determining what their legal options are.

• Unemployment is at an all-time high due to COVID-19 so your tenant may want to pay their rent but is simply unable to, due to a job loss. If it is at all possible to work with them on a temporary reduction in rent or other payment options, such as forgiving a month of rent now while adding it to the end of the lease, it could give your tenant the break they need to keep up future payments.
• Check with your own mortgage company to see if there are any options for the same type of payment assistance.
• Be aware that a federal order was issued by the Centers for Disease Control and Prevention (CDC) on September 4, 2020 to temporarily halt residential evictions through December 31, 2020 in order to prevent the further spread of COVID-19.  This order does not release your tenant from their obligations of the lease and rental terms, but it may be difficult to evict them if they stop paying.  Our attorneys can help you understand what your eviction rights are and if there are options, even with the order in place.

Commercial Landlords

COVID-19 has wreaked havoc on the businesses of our country.  Restaurants and bars have been forced to close or operate in a greatly limited capacity. Consumers are spending less money so demand for services and goods has been diminished.  Businesses of all types and sizes are suffering, and these commercial tenants are losing their ability to pay their rent.  Commercial landlords need reliable legal guidance now more than ever.

• Tenants may look to invoke a force majeure clause if it was included in their lease agreement, which could excuse their requirement to pay rent. Determining if the COVID-19 pandemic affords the legal right to do so is a complicated issue, and you will definitely need the assistance of a qualified attorney to defend your position.
• If your tenant is showing good faith efforts to attempt to make rent payments, it is best to try to accommodate them if you can. Negotiating new payment terms can help keep a good tenant in your space. However, always consult with an attorney to ensure the new documents protect your interests and are properly prepared.
• Opting to evict a tenant due to non-payment of rent can take much longer than in the past. Courts are extremely backed up right now so landlords should be prepared to expect extended delays in the process.

The legal team at Churchill, Quinn, Richtman & Hamilton, Ltd has decades of experience helping our business clients succeed through difficult challenges.  Now more than ever, business owners need help navigating the new legal issues that COVID-19 has presented.  For guidance in a landlord-tenant dispute, contact our office at 847-223-1500 to schedule your consultation.

Heading into retirement should give you a feeling of relief that your working days are over and your estate has been protected for you and for your beneficiaries.  To this end, there are certain actions you can take before you retire to ensure that your personal and financial affairs are in order.

Prepare or Update your Will

It’s never too early to begin your estate planning.  And a will is one of those important documents you can (and should) initially prepare at a young age.  However, as you get older, it is important to review your will to make sure your early intentions have not changed.  The distribution of your wealth and assets should be clearly detailed and your beneficiaries updated as you see fit.  As you retire, you’ll want assurance that when the time comes, your heirs will be taken care of according to your wishes.  In this respect, if you have not yet prepared a will, it is important to discuss the options with your attorney as soon as possible.

Have a Living Will Prepared

A will is necessary to protect your heirs after you pass, but a living will (as the name suggests) is meant to protect you while you are still here.  This important legal document outlines the type of medical care you want for yourself if you are unable to make the decision.  For example, pain management directives, organ donation and whether or not you would want to be kept alive by a machine would all be included in a living will.  You certainly don’t need to wait until you retire to have a living will prepared.  However, if you find yourself without one at retirement age, it is best to get one in order for your own peace of mind.

 Gift Wisely Before and After you Retire

If you have assets that you want to pass on to relatives, it is important to develop wise gifting strategies based on your needs.  There are advantages and disadvantages to gifting portions of your wealth before you pass versus after.  With both financial and emotional implications to consider, it is important to work closely with your attorney here at Churchill, Quinn, Richtman & Hamilton, Ltd to develop a strategy based on your specific circumstances.

Consider the Types of Trusts Available

When fine tuning your estate plan before you retire, you should consider if a particular type of trust could help you achieve your financial goals for yourself and for your heirs.  There are a number of advantages of establishing a trust. For example, a trust can establish a plan for managing your assets if you become incapacitated, as well as allow you to pass on your assets while avoiding probate.  Additionally, certain trusts have the potential to reduce estate and gift taxes.  There are a wide variety of options out there, but our attorneys can help you decide which trusts would be most beneficial for you and your family.

Our legal team at Churchill, Quinn, Richtman & Hamilton, Ltd is looking forward to helping you retire with confidence.  Call our office at 847-223-1500 to schedule a consultation or visit us online to see why our community has trusted us for legal guidance for over 100 years.

 

Additional information can be referenced here