- Child Support– Family law: Clarification is provided as to appointment and payment of “court’s witness”, sets parameters for continuation of life insurance that is marital property (and new insurance policies), modifies both adoption forms and the Adoption Registry, and adds options for action against parents who owe past-due child support.
- Adoption
- Guardianship
- Child AbuseMr. Thompson and his wife, Lori (Rockford native and East High School graduate), were married in 1991. Lori’s expertise in the medical field began as an R.N. at Rockford Memorial and continued as she obtained her M.S.N./N.P. degrees in 2005. She has served as an instructor at St. Anthony’s College of Nursing and the University of Illinois College of Medicine as well as a provider at child abuse programs in two states. After using her training as a forensic pediatric nurse practitioner in her role as Wisconsin’s state senior training officer and SANE program coordinator, she taught specialized health science classes at Belvidere High School. The Thompsons have one son, Michael, who represents District 17 on the Winnebago County Board; they reside in Loves Park.
- FraudAs the attorney for the defending homeowner, are you negligent if you do not advise the defendant of potential counter-suit for recovery of the monies paid to date? But consider, can the home owner lure the unsuspecting contractor into doing the work with advanced or periodic payments and then turn around and recover the same using the Act as a sword instead of a shield? Should not equitable principles prevent such a miscarriage of justice? Finally, beware of the possible award of attorneys fees to the prevailing party under the Consumer Fraud and Deceptive Practices Act.
- Misdemeanors– Real estate: Changes included limitations on motions challenging mortgage foreclosures, transfer by a mortgagor to a purchaser of any security deposits under certain circumstances, expanding disclosure requirements for radon hazards, allowing leases to include felony or certain misdemeanors as a basis for eviction (by landlord or municipality), as well as statutes governing only Chicago (or all but Chicago) areas.
- Juvenile Crimes
- Business FormationLSR can be employed in non-court situations: drafting communications, business negotiations and contracts, settlement discussions, general advise regarding particular topics (estate planning, business formation, etc.).
- Business Disputes
- Business Transactions
- Real Estate TransactionsUnderstanding the basics of capital gain taxes starts by picking a point on the star. Often real estate transactions are closed without considering the potential of capital gain taxes to the seller. Of course, as the attorney for the seller in residential sales, we seldom see the contract or seller before it is signed; but, in those that we do or in those non-residential sales when we get the opportunity to advise before the property is listed or the contract is signed, it is important to make sure the client is aware of the capital gain implications.
- Landlord-Tenant DisputesWe handle various types of cases and legal matters, including real estate (purchase/sale and landlord-tenant); civil litigation; family law; contracts; business corporation and entity formation; wills, trusts, and estates; collection and lien work. Our services are tailored to our clients’ needs – from limited scope representation to full service to achieve client goals.
- Personal InjuryLitigation: Civil Litigation in both Federal and State courts and General Practice, Business/Commercial, Collections and Creditor Claims, Personal Injury / Worker’s Compensation
- Estate PlanningThere are a number of reasons to consider reviewing your estate plan during 2021. Our attorneys have decades of legal experience in wills, trusts, business organizations and other aspects of estate planning – including business succession plans. By establishing your plans now, your wishes can be formalized for easier completion later –
- WillsFor those who have minor children, the most important aspect of your estate plan may be the management of your most precious assets – who will care for your children (and manage funds left for them) if you and your spouse both pass? Both wills and trusts can establish who will make personal and financial decisions about your children – in as much detail as is appropriate for your individual situation. Once your child is an adult (18 in Illinois), there is no further need of a guardian; however, you may still have funds managed for that child’s benefit past 18 IF you have a proper trust or will established.
- TrustsGifts to charitable trusts, donor advised funds and supporting organizations are not eligible for these tax benefits. [See IRC 408(d)(8)(B)(i)]. This type of IRA gift also cannot be made in exchange for a charitable gift annuity.
- Power of AttorneyFinally, while one set of documents will address management and distribution of your assets when you pass (will) or at a specific time (trust), neither form addresses who should make decisions for you – either personal care / medical or financial – at a time when your abilities to think and communicate may be impaired. Powers of Attorney forms for medical and property are important additional documents that work with wills or trusts to provide a complete plan of protection for you and your treasures.
- Probate
- Bankruptcy
- ForeclosureRegardless of the current state of the economy, homeowners default on their mortgage loans and lenders file routine foreclosure actions. In order to understand the overall foreclosure process, it is easier to separate the action into four definitive stages: 1) pre-complaint; 2) complaint; 3) judgment; and 4) sale. The goal for lenders in this process is the recoupment of their investment, while the goal of the homeowner depends on their situation: abandonment of the property; saving the property through reinstatement or a refinance/payoff; or selling of the property to salvage equity.
- Tax LawIf the taxpayer meets certain requirements – 2005 ordinary income lower than $16,400 for joint returns and a capital gain of less than $59,000 – the gain may be taxed at a lower rate of 5%. These income limitations gradually increase for inflation in subsequent years, and recent tax law (the Tax Increase Prevention and Reconciliation Act of 2005 [TIPRA] passed in 2006) decreases the lower income capital gain tax rate to 0% for tax years 2008 – 2010, if the limitations are met. Thus, advising your client to delay a sale or at least take installments under the limitations may make sense if you have low-income taxpayers. Remember, spreading out the income in installments may have other adverse effects; e.g., making Social Security payments taxable over several years instead of only one year.
- Debt CollectionIllinois Mortgage Foreclosure Law, 735 ILCS 5/15-1101 et. seq., governs these actions. Illinois is a judicial state requiring court actions to foreclose a mortgage. A myriad of defenses may be available to the homeowner, including the Truth in Lending Act (TILA), Consumer Fraud, and the Fair Debt Collection Act. In reality, barring a violation of any applicable Federal or State statute or regulation, the lender is nearly guaranteed to prevail in the action. Due to statutory redemption rights for occupied residences, a typical foreclosure action requires at least 7 months to completely divest the homeowner of their rights in the property. This time allows the diligent homeowner an opportunity to save their home, or salvage any equity, as their situation permits.