First, Know How To Hire A Chicago Litigation Attorney

Before you can even start a case, you need to make sure you have the right Chicago litigation attorney. You should make appointments with a number of lawyers in your area for a consultation. This first visit is usually free of charge, but some attorneys do charge a small fee for a consultation. During this visit, you'll be asked to explain your case, as well as ask the attorney any questions about what you can expect during the trial. Beware of any attorneys who promise a specific outcome or judgment on your case. It's highly unlikely that they'll be able to accurately predict a judgment, but it's not unheard of for an attorney to expect to win if your case is a strong one.

How Your Chicago Litigation Attorney Will Investigate

Once you've hired a Chicago litigation attorney, the next step he or she will take is to investigate. Your attorney will interview you extensively, as well as gather witness statements to learn about all the aspects of the suit. During this time, your lawyer will probably meet with the other party's attorney to discuss a settlement amount. If both sides reach an agreement, the case will be considered closed and a trial will not take place.

How Your Chicago Litigation Attorney Will Approach Discovery

Discovery is the next step for a Chicago litigation attorney. In this stage, your attorney will be able to ask the opposing party's legal team for any documents that are important to the case. However, there are certain documents that are protected from discovery and do not need to be turned over. These include privileged information and work product.

The Pre-Trial And Trial Periods

During the pre-trial period, your Chicago litigation attorney will find expert witnesses and work out a plan for the trial. However, if your case is civil one, a trial is unlikely to take place. Many times, the attorneys reach a settlement agreement well before the trial occurs. This does require both sides to agree on the outcome. Once this occurs, the case is considered closed.

Although a Chicago litigation attorney isn't quite what the movies and television depict, they are still a very necessary part of the legal community. If you suspect that you have a case, it's a great idea to meet with an experienced Chicago litigation attorney at Peck Bloom. We will help you determine if you should pursue your lawsuit and move forward. Peck Bloom does offer a free initial consultation, so be certain to contact us if you're in need of our specialized services.

Estate Planning Lawyers Who Work With Elder Law In Chicago

Estate planning is a major part of an elder law attorney's job. While many people know that estate planning is important, they don't really understand what this means. One of the first things that needs to be done is writing a will. A will can help your family members understand what will happen with your belongings after you pass on, which can help alleviate a lot of stress for your family members after you're gone.

However, a will isn't the only document that needs to be drawn up. You'll also need to create a power of attorney. This document is useful in the event that you're unable to make medical decisions for yourself, because it gives another person the authority to speak for you. A living will can also help with specific medical situations, such as if you're unable to breathe or eat on your own.

Guardianship Attorneys Who Specialize In Elder Law In Chicago

No one really wants to think about the day their parents are unable to care for themselves, but if this happens, it's important to work with a lawyer who can help with elder law in Chicago. These attorneys can assist you throughout the legal process of taking over your parents' medical decisions and finances, which can help keep older adults safe from scammers.

Planning For Unique Situations

Although it's hard to talk about, many people will need some sort of professional care as they age. An attorney who understands elder law in Chicago will be able to plan for long-term medical care, including cases of Alzheimer's disease. Long-term care can be quite expensive and these attorneys help families maximize care, while keeping finances intact.

If you're concerned with taking care of your aging parents or another beloved older adult, the best thing to do is to contact attorneys who specialize in elder law in Chicago. The professional team of attorneys at Peck Bloom always keeps your family's best interests in mind. Working with a professional attorney who understands elder law in Chicago can help ensure that your family is well taken care of.

In either circumstance, litigation will likely be the end result.

Chicago elder law firm Peck Bloom, LLC handles disputed accountings, recovery of assets, claims, heirship disputes, and scores of other potential estate or guardianship litigation. The attorneys of Peck Bloom, LLC are recognized leaders in estate, trust and guardianship litigation. For example, Kerry Peck was asked by the Illinois Institute of Continuing Legal Education to author chapters on Will Contests and Guardianship.

What can you expect when contesting a will?

Once you hire a litigation attorney, he or she files the appropriate paperwork.  Then in discovery your attorney will gather information to determine the validity of the dispute; this can include depositions and subpoenas for various documents.  

There are several possible outcomes of a will contest, including going to trial, settling out of court, having the case dismissed or voluntarily withdrawn.  Having an experienced litigation lawyer on your side is essential to help ensure your loved one’s final wishes are met.

If you are questioning any aspect of your family member’s will, contact a Chicago litigation lawyer at Peck Bloom, LLC for a complementary 30 minute consultation at 312.201.0900.

Estate Attorneys In Chicago Can Help You With A Trust

While many people think that a trust fund is something reserved for the very wealthy, the truth is that anyone with children can benefit from establishing a trust. Minor children are too young to be the direct beneficiaries of a life insurance policy or a retirement account. Instead, parents can place their money into a trust so that the money is held until the child reaches a certain age. To enable access to the funds, a trustee will be appointed with the authority to use the money for the child. Make sure that you have faith in your trustee since he or she will be responsible for keeping the money safe until the child becomes of age. While a child does become a legal adult at age 18, many parents are more comfortable with not releasing any trust funds completely until the beneficiary reaches age 21 or 25. This can help ensure that the beneficiary is financially responsible to handle a large sum of money.

Estate Attorneys In Chicago Prepare Living Wills

A living will is a document that's only needed if you're suddenly unable to make medical decisions for yourself. The living will covers very specific situations, such as if you're unable to breathe on your own or if you require a feeding tube to survive. Spelling out your wishes can help your family if they're suddenly faced with making serious medical decisions.

Estate Attorneys In Chicago Prepare Wills

Your will is probably the most important part of your estate plan. This tells your loved ones where you want your belongings and assets to go once you pass on. Neglecting to prepare a will is often a cause of family strife, as family members argue about dividing up the assets during an extremely stressful time.

Other Ways Estate Attorneys In Chicago Can Help

A trust, living will and will aren't the only ways estate attorneys in Chicago can help. Other services include legally protecting assets from Uncle Sam and funeral preplanning. It's not uncommon for estate attorneys in Chicago to also concentrate in elder law, and many of these attorneys can help protect older adults through guardianships or powers of attorney.

If you suspect you need estate attorneys in Chicago, the law offices of Peck Bloom can help. We work with clients when they're going through some of the most difficult times in their lives and we know how important it is to treat each client as we'd like our own family members treated.

7 Ways To Avoid Estate Litigation In Chicago

1. Keep things equal. The biggest trigger for familial litigation in Chicago is when the children of the decedent are treated unequally. If you want to avoid having your will contested, divide your assets equally among your children. Do not favor one over the other for any reason, including stepchildren. In the eyes of the law, all children, stepchildren or not, have equal right to the inheritance. If you've decided to disinherit a child for some reason or another, include that in legal documents or that child will be able to make a claim to your property and assets.

2. Give away prized possessions ahead of time. The easiest way to prevent arguments from breaking out over who gets mom's fine china or dad's antique car are to give those possessions to their intended recipients while you're still alive and able to voice your wishes. If you want certain things to go to certain heirs after you pass, include an inventory of the items along with your wishes for who gets what.

3. Record loans given out. If you have given one child a loan and not another, record it. Spell out the terms of the loan – is the child expected to pay it back, will it be deducted from their inheritance amount or will it be forgiven upon your death? Decide on the terms and include that with your legal documents. 

4. Use formal agreements to transfer assets. Trusts and contracts are useful tools to transfer assets to an heir and avoid litigation. Chicago families who have businesses they want to pass on to a specific child often use contract of sale to do so. Contracts of law that are completed when you're alive are hard to challenge and offer solid proof of your wishes.

Trusts are used in estate plans to transfer real property. A trust allows you to live on the property for a set period of time after which ownership is transferred to the heir you've designated. A trust can be enacted any time, even when you're still alive.

5. Get a doctor's note. The most common argument we hear in estate litigation in Chicago is that the parent was not of sound mind when he or she made their will or signed their legal documents. The best way to stop this argument in its tracks is to have your attending physician and a psychiatrist sign off on your physical and mental health at the time that you create or sign your will.

6. The "no-contest" clause. If you know that someone will be unhappy with your will and may try to challenge it, add a no-contest clause. These clauses often stop litigation before it starts because they state that any beneficiary who contests the will forfeits his or her interests in it. This is a very effective tool to prevent estate litigation in Chicago, particularly if the expected troublemaker is getting something he or she really wants.

7. Don't wait. Draw up a will now. Do it while you're healthy and aware of what your wishes are. If you wait until you're ill, you are asking for litigation. Someone is certain to argue that your illness made you confused and you didn't understand what you were doing or they can argue that you were coerced by another beneficiary into doing their bidding. What's even worse? If you wait too long to draw up your will these things may become true. You don't want to be in a situation where you could be coerced into doing something you don't want to do. Get a will drawn up now and prevent the drama before it starts.

Contact the elder law attorneys at Peck Bloom for assistance in drawing up a will or designing an estate plan. We can help you design a plan that will decrease the likelihood of litigation in Chicago and ensure your wishes are fulfilled.

Estate planning law firm Peck Bloom, LLC’s Partner Ken Bloom is providing two free lectures for Money Smart Week, a public awareness campaign designed to help consumers better manage their personal finances.

Money Smart Week events run April 20 – 27, 2013. It’s a collaborative effort between businesses, financial institutions, schools, libraries, not-for-profits and government agencies in order to help increase financial literacy.

Ken’s first lecture, “The New Normal” is April 20, 2013 at 3:00p.m. at Evanston Public Library, 1703 Orrington Avenue, Evanston, IL  60201. His presentation focuses on adults caring for their aging parents while supporting their own children, and will review the legal steps people should take to protect aging family members’ physical and financial needs.  

Ken’s second lecture is on April 22, 2013 at 7:30p.m. at Highland Park Public Library, 494 Laurel Avenue, Highland Park, IL. This program entitled “Powers of Attorney: What's New and How it Affects You”.

Peck Bloom, LLC’s estate planning attorneys assist families with wills, trusts, powers of attorney, and nursing home planning. To learn more, contact Peck Bloom, LLC at 312.201.0900.

Registration information for these free events is available on www.moneysmartweek.org

Questions to add to your to-do list:

• Do I know where all my legal paperwork is stored?
• Do I know where my parents or elderly family members’ paperwork is stored?
• Is my will up-to-date?
• Have I updated the beneficiaries on my legal documents, insurance policies, etc?
• Do my parents have a funeral plan in place, and if so what are the details?

After you dust off your legal documents, contact the estate planning attorneys at Peck Bloom, LLC for a complementary consultation at 312-200-0900. Our team can guide you through updating your legal paperwork and assist your family members who may need to consider Powers of Attorney or a trust.

Be aware that as of January 1, 2013 there were major changes in estate tax law. If you are not aware of these tax changes it’s imperative that you speak with an estate planning attorney. Not only will getting your estate plan in order give you piece of mind, but it will also help prevent conflict in the future.

Facing The Future

No one knows what the future may hold. As we age these uncertainties can become more worrisome. Our financial situation may become more precarious. Our health may start to decline. We may worry about staying in our homes. In any of these situations, an elder law attorney can help seniors prepare for the future. Elder care lawyers have spent years learning about elder law and the unique issues that seniors face.

To help prepare clients for the future, Chicago elder law attorneys may draw up estate plans, establish trusts and guardianships, help seniors navigate tax law or offer asset protection advice. Alzheimer’s Disease planning can lessen the devastating effects this progressive disease has on families and individuals by designing legal protections that can protect quality of life and ensure financial stability even as cognitive function fades. A strong will or estate plan ensures last wishes are honored while appropriate tax planning can lessen the burden of income or estate taxes on seniors. Setting up an advance healthcare directive or planning for long-term care can ease worries about the future too.

Managing The Unexpected

Not only can elder law attorneys protect your future, they can protect your present as well. Age discrimination, elder abuse and neglect and family squabbles over your care or assets all warrant a call to your elder care lawyer. Through legal procedures or litigation, you and your rights can be protected.

Many seniors and their families eventually come to the conclusion that outside help is needed or that it’s time to move to a nursing home. Chicago elder law attorneys often have a vast network of professional services and organizations that cater to senior’s unique needs. Even if your situation doesn’t require legal action, your elder care lawyer can be a great resource in finding trusted services.

Choosing A Chicago Elder Law Firm

Finding the right elder care lawyer starts with an assessment of your needs. Since the field is so wide and varied, it is impossible for every lawyer to adequately cover every area of elder law. Most have chosen a few areas of specialization. Start here. If you need help with estate planning, look for a Chicago elder law firm that has strong estate planning experience. If your rights have been violated and you need to go to court, look for an elder law litigation lawyer.

At Peck Bloom we have assembled an array of elder law attorneys who concentrate in many different areas. This allows our Chicago elder law firm to offer services that cover all areas of Chicago elder law and elder care. If a situation arises where your attorney doesn’t have the expertise needed, it’s a simple matter to call in a colleague to consult. More than our expertise is our compassion. Every one of our lawyers cares about seniors, their unique needs, and their individual situations. We understand that you’ll be sharing very personal information with us and sometimes be making tough decisions. Our attorneys will listen to your concerns, hopes and fears just as intently as we will evaluate your needs and legal recourse. Contact the Chicago elder law attorneys at Peck Bloom today for a free initial consultation.

 Senior Guardianships

Guardianships and conservatorships are court-ordered arrangements where a capable adult is given the responsibility of managing another adult’s financial, healthcare or household affairs. They are commonly set up between children and their senior parents in situations where the parent is no longer able to make reasonable decisions on his or her own. In some cases, the parent has set up an advance directive which specifies who is to care for them when the time comes that they need a guardian or caretaker. It might even specify one person to manage their finances and another to manage their day-to-day life decisions or healthcare choices. Advance directives give the senior control over who will be responsible for him, but they must be set up well before they are needed.

More often than not, however, guardianship requests are brought before the court when it becomes apparent that the senior cannot care for him or herself any longer. In cases like these, the court makes the ultimate decision on who will be the guardian and what his or her responsibilities will be.

Protecting Seniors Through Guardianship Law

Seniors who are incapable of making sound decisions for themselves run the risk of being manipulated and/or abused by friends, family and strangers alike. Guardianship law helps avoid these types of situations. Guardianship law helps protect a person’s assets and finances from mismanagement or theft by giving responsibility for such to a court-appointed custodian. Likewise, seniors’ healthcare and living decisions are protected under guardianship law when a guardian is responsible for the decision-making.

Types Of Guardianships

There are three basic types of adult guardianship arrangements: Guardian of the Person, the Estate of Property and Plenary Guardian.

A Guardian of the Person oversees their charge’s health. They manage all aspects of healthcare from making appointments to paying medical bills and dealing with insurance. Guardians of the Person might work with assisted living facilities to manage living and care arrangements. This type of caretaking is common to advance medical directives.

Guardians of the Estate or Property manage their ward’s property, assets and finances. They might handle taxes and tax payments, the distribution and property and paying day-to-day expenses and bills.

A Plenary Guardian is a combination of the above-mentioned guardianships. Under guardianship law, plenary guardians manage nearly all aspects of their charge’s life.

Creating A Guardianship With Help From Your Peck Bloom Attorney

To set up a guardianship or conservatorship, a formal request must be brought before the court. As expected when you are talking about managing someone else’s life for them, it is not a simple process, which is why working with a lawyer experienced in guardianship law is so highly recommended.

At Peck Bloom our guardianship lawyers assist their clients every step of the way. From the initial filing of the legal papers to representing the client at court hearings, your guardianship law attorney will be a resource you can count on to guide you through the nuances of the legal process.

Even before papers are filed, you can expect your Peck Bloom attorney to advise you of all of your options. Conservatorships are not the only way to protect seniors. Powers of attorney, trusts and estate planning are just a few of the tools available to you if you want to avoid guardianships or if you are denied a guardianship request.

Working with one of our experienced elder care attorneys will make the process easier and ensure you’re choosing the best course of action for everyone involved. Our attorneys can help capable seniors set up advance care directives or they can help concerned relatives create a guardianship for their loved ones.

Peck Bloom, LLC’s main office is located in the Chicago loop. But for the convenience of their clients, both litigation attorneys and estate planning attorneys can have meetings at our offices in Northbrook, Orland Park or Skokie.

Having offices in both Cook and DuPage County is especially helpful for our elderly clients and their families.  The close, personal attention our legal team provides will ensure you understand your options and what steps need to be taken to achieve your goals.

To have a 30 minute, no-cost consultation with a Peck Bloom, LLC attorney call 312-201-0900. When you speak to the attorney, let him know if you can schedule a meeting at one of our satellite offices. This way, our attorneys can help ensure you have the best legal experience possible.