Your Daily Personal Lawyer

Things to think about for your will: who gets your stuff?

2011-06-15T12:00:00.001-05:00

Wednesday’s daily focus: Estates, Wills, Trusts, and Probate Law

This is the second part of a five-part series on preparing your will, and factors you’ll need to consider.

Probably the biggest advantage for doing a will is that you can say who gets your assets when you die, and how much, and (maybe) on what condition.

If you don’t do a will in Illinois, state law will determine who gets your assets according to a strict formula that gives your assets and possessions to your closest relatives.

So, when planning to do your will, think about two things: (1) do you have any specific items that you’d like someone in particular to have? For instance, a family heirloom that you’d like to go to someone who will appreciate it and care for it? Or, are there people to whom you want to give a particular amount of money, or a gift to recognize their importance to you? (2) aside from any specific gifts (whether particular items or gifts of money to particular people), how would you like the rest of your estate distributed?

Each person’s priorities with these questions are different. Some people want to recognize lots of people with specific gifts in their will, and others prefer to leave their entire estate to one person. Still others want to combine some specific gifts to some people, and leave a good portion of their estate to one person, or perhaps a charity.

All of these options are available to you when you do your will. Without a will, the law dictates who gets your assets, regardless of what you might have wanted.

For any questions you may have about doing your will or factors you need to consider, askthelawyer@yourpersonallawyer.com

Talk Like A Lawyer

Holographic will: a will that is entirely in the handwriting of the signer

Closing Argument

“He who can take advice is sometimes superior to him who can give it.” — Karl Ludwig von Knebel

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Jonathan Dixon is an attorney in Chicago and the principal of the Law Offices of Jonathan Dixon, P.C. , practicing in the areas of real estate law, landlord/tenant law, condo law, small business and corporate law, probate law, estate planning (including wills, trust, powers of attorney, and living wills), and divorce and family law. Jonathan Dixon’s practice is limited to Illinois, and chiefly to the Chicago area.

In the area of estates, wills, trusts, and probate law, Jonathan Dixon represents probate estates and works with executors and administrators of estates; Jonathan Dixon also helps clients with estate planning that is appropriate for the needs of each client, including preparing wills, trusts, health care powers of attorney, property powers of attorney, and living wills.

The information provided in this blog is intended for informational purposes, and is not intended as legal advice, and does not create an attorney-client relationship with Jonathan Dixon or the Law Offices of Jonathan Dixon, P.C. If you have a legal question or would like to consult with Jonathan Dixon about your specific legal needs, please call (312) 217-0321 or email askthelawyer@yourpersonallawyer.com.

Getting incorporated: officers and directors

2011-06-14T07:34:00.001-05:00

Tuesday’s focus: Small Business & Corporate Law

This is the second part of a four-part series covering successfully incorporating your business, and factors you’ll need to consider.

In Illinois, a corporation is run by a board of directors. The board can consist of one or more directors. The names of the board of directors are listed on the initial papers setting up the corporation.

The corporation will also need to have officers, like president and secretary.

Directors and officers pull the levers that make the corporation act. A corporation is a legal entity that can do things, but the only people who can make the corporation do things are the directors and officers.

For any questions you may have about incorporating askthelawyer@yourpersonallawyer.com

Talk Like A Lawyer

Question of fact: questions about the activities that took place between the parties that caused them to go to court

Closing Argument

“If you have something to do that is worthwhile doing, don’t talk about it, but do it. After you have done it, your friends and enemies will talk about it.” — George W. Blount

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Jonathan Dixon is an attorney in Chicago and the principal of the Law Offices of Jonathan Dixon, P.C. , practicing in the areas of real estate law, landlord/tenant law, condo law, small business and corporate law, probate law, estate planning (including wills, trust, powers of attorney, and living wills), and divorce and family law. Jonathan Dixon’s practice is limited to Illinois, and chiefly to the Chicago area.

In the area of small business and corporate law, Jonathan Dixon represents small businesses in all legal aspects of running a business, including forming a corporation, annual registrations, employer/employee matters, corporate record keeping, and contract drafting and review.

The information provided in this blog is intended for informational purposes, and is not intended as legal advice, and does not create an attorney-client relationship with Jonathan Dixon or the Law Offices of Jonathan Dixon, P.C. If you have a legal question or would like to consult with Jonathan Dixon about your specific legal needs, please call (312) 217-0321 or email askthelawyer@yourpersonallawyer.com.

Drawing interest on your security deposit

2011-06-13T06:36:00.001-05:00

Monday’s focus: Residential Real Estate Law

Under the Chicago Residential Landlord and Tenant Ordinance, tenants have the right to receive interest or credit for interest earned on security deposits every 12 months. If the landlord fails to do this, tenants are entitled to a return of the security deposit, plus other penalties. If a landlord is holding a security deposit for more than 6 months, he or she has to pay interest on the security deposit in an amount consistent with the interest rate dictated by the city comptroller for a given year. At the end of each 12 month period of the tenancy, the landlord has to pay the interest earned or credit the tenant for the interest on the next monthly rent due, and must do so within 30 days. Always remember that a security deposit remains the tenant’s property. The Ordinance has strict rules about how a landlord must handle a security deposit. The landlord’s failure to comply with the Ordinance entitles a tenant to recover up to twice the amount of the security deposit, plus interest, from the landlord.

Talk Like A Lawyer

Real property: the ground an anything permanently attached to it, including land, buildings, and growing trees, and the airspace above the ground

Closing Argument

“Your living is determined not so much by what life brings to you as by the attitude you bring to life; not so much by what happens to you as by the way your mind looks at what happens. Circumstances and situations do color life but you have been given the mind to choose what the color shall be.” — John Homer Miller

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Jonathan Dixon is an attorney in Chicago and the principal of the Law Offices of Jonathan Dixon, P.C. , practicing in the areas of real estate law, landlord/tenant law, condo law, small business and corporate law, probate law, estate planning (including wills, trust, powers of attorney, and living wills), and divorce and family law. Jonathan Dixon’s practice is limited to Illinois, and chiefly to the Chicago area.

In the area of real estate law, Jonathan Dixon represents home sellers and home buyers in residential real estate transactions, and both landlords and tenants in landlord/tenant law, including all aspects of the Chicago Residential Landlord and Tenant Ordinance.

The information provided in this blog is intended for informational purposes, and is not intended as legal advice, and does not create an attorney-client relationship with Jonathan Dixon or the Law Offices of Jonathan Dixon, P.C. If you have a legal question or would like to consult with Jonathan Dixon about your specific legal needs, please call (312) 217-0321 or email askthelawyer@yourpersonallawyer.com.

Things to think about for your will: domicile

2011-06-08T07:45:00.001-05:00

Wednesday’s daily focus: Estates, Wills, Trusts, and Probate Law

This is the first part of a five-part series on preparing your will, and factors you’ll need to consider.

Your domicile is your primary residence. Even if you have more than one home, you have only one domicile. Domicile is an important consideration when preparing your will, because the provisions of your will are going to be enforced in the county of your domicile – that is, the county where you have your primary residence. Also, the law of the state where you are domiciled will govern your will.

For many people, the issue of domicile is very straightforward – they have one house, and they live and work in the area. But, for retirees or anyone else who spends a significant amount of time in two or more places throughout the year, the issue of domicile is important to consider.

If you have possessions in more than one state, your will can still cover everything, no matter where it’s located. But, especially if you have real estate in another state, it is important to consider that in planning your will; in fact, you may want to create a trust for out of state (that is, located in your non-domicile state) real estate. Your will is going to be put into effect in the county of the state where you are domiciled, and will govern all of your property everywhere – but for real estate in another state, extra court proceedings in those other states might be necessary. With smart planning, this can be simplified ahead of time.

For any questions you may have about doing your will or factors you need to consider, askthelawyer@yourpersonallawyer.com

Talk Like A Lawyer

Codicil: a supplement or addition to a will that adds to it or changes it

Closing Argument

“Be methodical if you would succeed in business, or in anything. Have a work for every moment, and mind the moment’s work.” — William Matthews

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Jonathan Dixon is an attorney in Chicago and the principal of the Law Offices of Jonathan Dixon, P.C. , practicing in the areas of real estate law, landlord/tenant law, condo law, small business and corporate law, probate law, estate planning (including wills, trust, powers of attorney, and living wills), and divorce and family law. Jonathan Dixon’s practice is limited to Illinois, and chiefly to the Chicago area.

In the area of estates, wills, trusts, and probate law, Jonathan Dixon represents probate estates and works with executors and administrators of estates; Jonathan Dixon also helps clients with estate planning that is appropriate for the needs of each client, including preparing wills, trusts, health care powers of attorney, property powers of attorney, and living wills.

The information provided in this blog is intended for informational purposes, and is not intended as legal advice, and does not create an attorney-client relationship with Jonathan Dixon or the Law Offices of Jonathan Dixon, P.C. If you have a legal question or would like to consult with Jonathan Dixon about your specific legal needs, please call (312) 217-0321 or email askthelawyer@yourpersonallawyer.com.

Getting incorporated: requirements for the name of your business

2011-06-07T05:01:00.002-05:00

Tuesday’s focus: Small Business & Corporate Law

This is the first part of a four-part series covering successfully incorporating your business, and factors you’ll need to consider.

Names like “A Always Flowers” or “Dogz ‘R Us” convey an impression on customers. First, they convey what kind of business they do. Second, they covey a level of familiarity or casualness that may or may not appeal to everyone.

So, the name of your business not only lets people know what you do, but also sets the tone for how you’ll be perceived by customers. A distinctive name will set you apart.

From a legal standpoint, your name has to be different from any other corporation or company in the state when you incorporate. The Illinois Secretary of State’s office has a listing of existing corporations and companies where you can check if the name you want is already taken.

Another important legal detail is that the name of your corporation must include “Inc.” or “Corp.” or “Co.” or “Ltd.” in the name – or “Incorporated” or “Corporation” or “Company” or “Limited.” If you organize as a Limited Liability Company, you must use “LLC” in your name. You will have to use the corporate tag whenever you identify your business, so that it will be known that you are incorporated. Besides being required, picking a corporate designation can add distinction to your corporate name.

For any questions you may have about incorporating your business or picking a corporate name, askthelawyer@yourpersonallawyer.com

Talk Like A Lawyer

Motion in limine: a pretrial motion asking the court to prohibit the introduction of prejudicial evidence by the other party

Closing Argument

“It is good to dream, but it is better to dream and work. Faith is mighty, but action with faith is mightier. Desiring is helpful, but work and desire are invincible.” — Thomas Robert Gains

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Jonathan Dixon is an attorney in Chicago and the principal of the Law Offices of Jonathan Dixon, P.C. , practicing in the areas of real estate law, landlord/tenant law, condo law, small business and corporate law, probate law, estate planning (including wills, trust, powers of attorney, and living wills), and divorce and family law. Jonathan Dixon’s practice is limited to Illinois, and chiefly to the Chicago area.

In the area of small business and corporate law, Jonathan Dixon represents small businesses in all legal aspects of running a business, including forming a corporation, annual registrations, employer/employee matters, corporate record keeping, and contract drafting and review.

The information provided in this blog is intended for informational purposes, and is not intended as legal advice, and does not create an attorney-client relationship with Jonathan Dixon or the Law Offices of Jonathan Dixon, P.C. If you have a legal question or would like to consult with Jonathan Dixon about your specific legal needs, please call (312) 217-0321 or email askthelawyer@yourpersonallawyer.com.

Getting your security deposit back under the Chicago Residential Landlord and Tenant Ordinance

2011-06-06T12:55:00.003-05:00

Monday’s focus: Residential Real Estate Law

When a tenant moves out of an apartment, first and foremost on their mind is: when am I getting my security deposit back?

Under the Chicago Residential Landlord and Tenant Ordinance, you have the right to get your security deposit, plus interest, returned to you within 45 days after you vacate your apartment.

If you landlord tries to withhold part of your security deposit to pay for damages, your landlord has to provide you with paid receipts.

Your landlord can withhold some or all of your security deposit to pay for damage to the apartment you caused (or permitted to be caused), but must give you copies of paid receipts or estimates within 30 days after you have vacated.

If the landlord has given you estimates, he or she must follow up with paid receipts consistent with those estimates within another 30 days.

The landlord’s failure to comply with the Ordinance entitles you to recover up to twice the amount of the security deposit, plus interest, from your landlord.

The Chicago Residential Landlord and Tenant Ordinance applies to most residential apartments in buildings in Chicago with more than six units, or in buildings six or fewer units if the landlord doesn’t live in the building. If you have a question about whether or not your apartment is subject to the Chicago Residential Landlord and Tenant Ordinance, just ask!

Talk Like A Lawyer

Leasehold estate: the interest in real property that is conveyed by a lease

Closing Argument

“Nothing worthwhile ever happens quickly and easily. You achieve only as you are determined to achieve – and as you keep at it until you have achieved.” – Robert H. Lauer

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Jonathan Dixon is an attorney in Chicago and the principal of the Law Offices of Jonathan Dixon, P.C. , practicing in the areas of real estate law, landlord/tenant law, condo law, small business and corporate law, probate law, estate planning (including wills, trust, powers of attorney, and living wills), and divorce and family law. Jonathan Dixon’s practice is limited to Illinois, and chiefly to the Chicago area.

In the area of real estate law, Jonathan Dixon represents home sellers and home buyers in residential real estate transactions, and both landlords and tenants in landlord/tenant law, including all aspects of the Chicago Residential Landlord and Tenant Ordinance.

The information provided in this blog is intended for informational purposes, and is not intended as legal advice, and does not create an attorney-client relationship with Jonathan Dixon or the Law Offices of Jonathan Dixon, P.C. If you have a legal question or would like to consult with Jonathan Dixon about your specific legal needs, please call (312) 217-0321 or email askthelawyer@yourpersonallawyer.com.

Best practices for operating a corporation: failing to follow corporate formalities

2011-05-31T05:03:00.001-05:00

Tuesday’s daily focus: small business/corporate

We have been discussing important corporate formalities that must be followed for the healthy legal functioning of a corporation.

What happens if the people running a corporation (i.e., the officers and directors of the corporation) don’t follow the corporate formalities?

Well, one of the main points (or maybe THE point) of a corporation is to shield the shareholders (i.e., the owners) of a corporation from personal liability for the corporation’s debts and actions. Since the corporation is a separate legal entity, the corporation is liable for its own debts and actions.

But, for the corporation to be recognized as a separate legal entity, it has to act like a separate legal entity, which means it has to follow the corporate formalities we have been discussing.

Failure to follow the corporate formalities may result in the corporation not being recognized as a separate legal entity; instead, the shareholders, directors, or officers of the corporation will be personally liable for the corporation’s actions, instead of the corporation.

How a lawyer can help you: to make sure that the corporation is following the legal formalities, consult with your lawyer to make sure that (1) you have the proper notice of the corporate annual meeting (or waiver of notice) and the appropriate minutes that will document what the corporation is doing; (2) the corporation is in good standing with the Secretary of State and that it timely files its annual report; (3) the corporate identity is being appropriately and separately maintained from the shareholders, directors, and officers; and (4) the corporation’s resolutions are properly and clearly drawn up, and that the directors and officers are carrying out the corporation’s resolutions. Furthermore, an attorney is an important “watchdog” for a corporation to make sure that the corporation is operating appropriately – to protect the corporation from anyone who would jeopardize the corporation, including shareholders, directors, and officers who may selfishly put their own interests ahead of the corporation’s good health and well-being.

Talk Like A Lawyer

Damages: monetary compensation for the injuries he/she suffered and the damage to his/her property

Closing Argument

“Undertake something that is difficult; it will do you good. Unless you try to do something beyond what you have already mastered, you will never grow.” – Ronald E. Osborn

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Happy Memorial Day

2011-05-30T05:01:00.001-05:00

“I have learned that success is to be measured not so much by the position that one has reached in life as by the obstacles which he has overcome while trying to succeed.” – Booker T. Washington

Do you have a legal question? askthelawyer@yourpersonallawyer.com

The attorney-client relationship in a divorce case: best interests of the child standard

2011-05-27T05:00:00.001-05:00

Friday’s daily focus: divorce and family law

Whenever custody of children is an issue in a divorce, there is one and only one mantra to repeat: the best interests of the child.

Sometimes one spouse will hate the other spouse. Sometimes one spouse will vehemently disagree with the decisions and approaches to parenting of the other spouse. Sometimes a spouse simply wants revenge against another spouse. You get the idea.

No matter about any of that as far as the custody of the children goes – the one and only standard is what is in the best interest of the child. Not what’s in one or the other of the parents’ best interests, or what one parent thinks is best for the child vs. what the other parent thinks. Solely what is in the best interest of the child as the court sees it objectively.

Therefore, one key point to establish with a client at the outset as far as custody goes, the court is concerned only with what is best for the child. Of course, many factors weigh into this, including a parent being abusive or having addiction issues – but the custody isn’t decided on whether one parent is “bad” or “good” but what is in the best interests of the child.

Talk Like A Lawyer

No-fault divorce: a dissolution of marriage without regard to fault

Closing Argument

“Our business in life is not to get ahead of others, but to get ahead of ourselves – to break our own records, to outstrip our yesterdays by our today, to do our work with more force than ever before.” – Stewart B. Johnson

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Amending the condo association's bylaws

2011-05-26T05:00:00.001-05:00

Thursday’s daily focus: condo law

Q: What is the procedure for amending the bylaws and declaration?

A: An amendment to the bylaws and declaration has to be approved by the unit owners – and almost always by a super-majority; some declarations and bylaws call for 2/3 approval, some for 3/4 approval. Once approved, the amendment must be recorded to be effective.

Q: What is the procedure for a board to adopt a rule?

A: The board should send notice to the unit owners 10-30 days before a board meeting that the proposed rule(s) will be voted on. At the board meeting, there should be an opportunity for the unit owners to discuss the new rule (or revision to a rule, as the case may be). After discussion from the unit owners, the board should vote on the rule. A majority of the board can enact the new rule. As long as this proper procedure is followed, and as long as the rule does not violate local, Illinois, or federal law, the rule is proper.

Talk Like A Lawyer

Adverse possession: title to real property obtained by taking actual possession of it openly, notoriously, exclusively, under a claim of right, and continuously for a period of time set by statute

Closing Argument

“Don’t be afraid to take a big step if one is indicated. You can’t cross a chasm in two small jumps.” – David Lloyd George

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Health Care Powers of Attorney: decisions about life support

2011-05-25T05:00:00.000-05:00

Wednesday’s daily focus: estates, wills, trusts, and probate law

With a living will in Illinois, you are telling your doctor not to take any special life-saving procedures if your condition is terminal.

With a health care power of attorney, you have the choice to give your agent much more discretion in what kind of health care decisions you want. The standard power of attorney form has three options concerning what life sustaining treatment you wish to have. Most people opt for one of the three – the three options on the standard form fairly cover the range of options, thereby giving direction to your agent of what your wishes are, without being overly specific as to cover every conceivable scenario. You do not, however, have to select any of the three options on the standard form. You may, in fact, write your own wishes regarding what life sustaining treatment you wish to have.

Moreover, your choices about what kind of medical care your agent decides for you apply to both terminal and non-terminal conditions.

The standard choices are:

• “I do not want my life to be prolonged nor do I want life-sustaining treatment to be provided or continued if my agent believes the burdens of the treatment outweigh the expected benefits. I want my agent to consider the relief of suffering, the expense involved and the quality as well as the possible extension of my life in making decisions concerning life-sustaining treatment.”

• “I want my life to be prolonged and I want life-sustaining treatment to be provided or continued unless I am in a coma which my attending physician believes to be irreversible, in accordance with reasonable medical standards at the time of reference. If and when I have suffered irreversible coma, I want life-sustaining treatment to be withheld or discontinued.”

• “I want my life to be prolonged to the greatest extent possible without regard to my condition, the chances I have for recovery or the cost of the procedures.”

How a lawyer can help you: health care decisions are critical in a power of attorney. Your attorney can guide you through the legal consequences of your choice to one that will honor your values.

Talk Like A Lawyer

Bequest: (traditionally,) a gift by will of personal property; (more commonly,) any gift by will

Closing Argument

“Far and away the best prize that life offers is the chance to work hard at work worth doing.” – Theodore Roosevelt

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Best practices for operating a corporation: ultra vires acts

2011-05-24T05:00:00.001-05:00

Tuesday’s daily focus: small business/corporate

We have been discussing the best practices for successfully operating your corporation, including having annual meetings, keeping minutes, filing annual reports, and keeping separate books and accounts from the shareholder(s).

Now, let’s look at the difference between a corporation’s actions and the actions of its shareholders, directors, and officers – and what happens if someone crosses over the line.

A corporation is a separate legal entity, so it can act on its own. Of course, it actually acts through its shareholders, directors, and officers. But, the corporation’s decision to act is regarded as the corporation’s action. So, the directors and officers of a corporation have to carry out the corporation’s decisions.

If a director or officer goes beyond what the corporation has decided to do, the director or officer has exceeded his/her authority. The legal term for this kind of stepping over the line is an ultra vires act. A corporation should not be liable for an ultra vires action of a director or officer.

The key is to make sure that the directors and officers are always acting within the scope of what the corporation is directing them to do, and not vice versa.

How a lawyer can help you: since a corporation can only act through human beings who serve as its officers and directors, it is important that corporate resolutions to act are appropriately documented. Your attorney can help to make sure that corporate records are kept to document the corporation’s resolutions. It is also important that the corporation’s officers and directors adhere to the corporation’s resolutions, and not go beyond what they are authorized to do (exceeding their authority is ultra vires), which may result in avoidable legal hassle for the corporation (both to defend the actions of the wayward officer or director, and to go after the wayward officer or director for the damage he/she did). If an officer or director of a corporation is taking liberties with a corporation’s decisions, an attorney should be consulted to help restore proper order.

Next week, we’ll wrap up our discussion of corporate formalities by talking about what happens if corporate formalities are not followed.

Talk Like A Lawyer

Breach of contract: when one party fails to honor his or her obligation under a contract

Closing Argument

“Nothing worthwhile ever happens quickly and easily. You achieve only as you are determined to achieve – and as you keep at it until you have achieved.” – Robert H. Lauer

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Selling your home: signing the deed and closing documents

2011-05-23T05:00:00.003-05:00

Monday’s daily focus: residential real estate law

When a seller sells the property to the buyer, the seller is selling the title to the property. Title to real property is transferred in a document called a deed. The seller’s attorney prepares the deed, which must have certain specific provisions.

As well, the seller can convey the rights to personal property in the home (for instance, any appliances in the home). Personal property is conveyed to the buyer via a bill of sale.

How a lawyer can help you: the seller’s attorney prepares these and all other necessary closing documents. They must be carefully and accurately prepared. An experienced attorney will be able to guide the seller through these documents, and facilitate a smooth transfer of title from the seller to the buyer.

Talk Like A Lawyer

Restrictive covenant: a clause in a deed that limits the way the real estate ownership may be used

Closing Argument

“Happiness is someone to love, something to do, and something to hope for.” – Chinese Proverb

Do you have a legal question? askthelawyer@yourpersonallawyer.com

The attorney-client relationship in a divorce case: counseling and the client's personal wellness

2011-05-20T05:00:00.001-05:00

Friday’s daily focus: divorce and family law

Earlier in this discussion of the attorney-client relationship, I remarked that sometimes divorce cases can put the “counselor” in “attorney and counselor at law.” That is to say, divorce is an emotional process, for reasons too obvious to point out.

It is appropriate and professional for the attorney to listen, be sympathetic, be patient, and give good legal counsel. Sometimes the client needs more, however. It is not appropriate for an attorney to denigrate the other spouse or his/her attorney. If a client has emotions like revenge, overwhelming sense of loss, rejection, anger, etc., these are matters beyond what an attorney can or should be handling for a client. This is the terrain of a counselor or psychologist.

Of course, it is ordinary for people going through divorce to seek out counseling.

An attorney expects the client to have emotions – even conflicting emotions – about the divorce. But, the attorney needs the client to maintain a clear head about the important steps to be taken in the divorce process, the division of the property, and the custody and best interests of the children. Counseling is often a very important tool for maintaining one’s best well-being in a stressful situation.

Talk Like A Lawyer

Temporary custody: custody of a child awarded to a parent on a temporary basis, pending the outcome of a divorce or separation action.

Closing Argument

“Life shrinks or expands in proportion to one’s courage.” – Anais Nin

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Declaration, Bylaws, and Rules & Regulations

2011-05-19T05:00:00.001-05:00

Thursday’s daily focus: condo law

Q: What is the “declaration”?

A: A declaration is the “constitution” of the association, and it provides for the governing of the association, i.e., how elections are conducted, when meetings are held, etc. The declaration is binding on the entire property in perpetuity, including each unit. Therefore, everyone who ever owns a unit in the condo association – anyone who owns a unit now or ever buys a unit in the future – is subject to the provisions of the declaration. The declaration can be amended by a super majority of the unit owners, and any amendment to the declaration also has to be recorded.

Q: What are “bylaws”?

A: The bylaws are additional rules governing how the association is to be run; bylaws are voted on and adopted by the entire association (almost always by a super-majority – typically 2/3 or 3/4). Many associations have their declaration and bylaws together as a single document.

Q: What are “rules and regulations”?

A: Rules and regulations are rules governing particular aspects of the association, and are adopted by the board. Rules and regulations cannot override the declaration or bylaws. Since rules and regulations are adopted by the board only, they are easier to change – for instance, a new board can nullify any rule or regulation adopted by a previous board, as well as enact new rules and regulations.

Talk Like A Lawyer

Reversible error: an error by the trial court of sufficient significance to entitle a party to a new trial

Closing Argument

“Blessed are those who can give without remembering and take without forgetting.” – Elizabeth Bibesco

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Health Care Powers of Attorney: picking your agent

2011-05-18T05:00:00.001-05:00

Wednesday’s daily focus: estates, wills, trusts, and probate law

We have been discussing living wills and health care powers of attorney, and the differences between them under Illinois law.

A major part of a health care power of attorney is picking an agent to make health care decisions for you when you can’t speak for yourself.

You should name someone you trust completely, since your agent will be making important health care decisions on your behalf – someone who shares your values and priorities, and someone who will abide by and honor your wishes. Ideally, you should name someone who lives in the same geographic area as you do, so that they can respond quickly in the event of emergency. Typically people appoint spouses, significant others, close family members, or close friends as agents.

If you can’t speak for yourself and have no power of attorney for health care, who makes medical decisions for you? Your next of kin: your spouse (if you have one), your adult children, etc. It may end up being a matter of decision by committee. If your family can agree on what health care you need, or don’t need, then everything will work out; if they cannot agree, then conflict will arise. Let’s face it: health care decisions are difficult choices, especially when they involve life and death. The health care power of attorney is designed to appoint one person – your agent – to make decisions on your behalf in accordance with our wishes.

Another important thing to decide is to have a “successor agent.” A successor agent is someone you name as a back up in case your primary agent cannot serve.

How a lawyer can help you: health care power of attorney success pivots on picking a good agent. Your attorney will guide you in choosing by outlining what factors are critical in a good agent.

Talk Like A Lawyer

Attestation: the act of witnessing the signing of a document and signing that you have witnessed

Closing Argument

“Wisdom is not a product of schooling, but of the lifelong attempt to acquire it.” – Albert Einstein

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Best practices for operating a corporation: keeping separate books and a separate identity

2011-05-17T05:00:00.001-05:00

Tuesday’s daily focus: small business/corporate

We have been talking about important corporate formalities, including annual meetings, minutes, and annual reports. Let’s talk about keeping the corporation’s identity separate and keeping the books.

A corporation is a separate legal entity from its shareholder(s). So, just as you have a checking account of your own, so should the corporation have a separate checking account of its own. In fact, the corporation should have all of its own accounts, and should only pay corporate debts, not the obligations of the shareholder(s) personally.

Or, more bluntly: the shareholder(s) and corporate bank accounts and finances should be kept separate. The business owner’s individual bank accounts and finances must be kept distinct from the business’s accounts and finances.

How a lawyer can help you: since a corporation must have a legal identity all its own, it needs its own “social security number” – a/k/a a tax ID number, which is issued by the Internal Revenue Service. Your attorney can help you get a tax ID number, or fill out the forms for you. If you have any questions about keeping your corporation’s identity separate from the shareholder(s)’s identity, ask your lawyer – it may be the difference between good corporate standing and no corporate standing!

Next week, we’ll discuss actions taken by officers of a corporation that are outside of their authority.

Talk Like A Lawyer

Judgment: the decision of a court of law

Closing Argument

“Experience is not what happens to you; it’s what you do with what happens to you.” – Aldous Huxley

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Selling your home: contract negotiations and making repairs

2011-05-16T05:00:00.001-05:00

Monday’s daily focus: residential real estate law

After the buyer and the seller have signed the contract, the buyer usually hires a home inspector to look at the property. Often, the buyer will ask the seller to correct some deficiencies in the property and make repairs.

This request from the buyer is a part of the negotiations during the attorney review period, and the requests are completely negotiable. If the items to be fixed are small, it’s probably easier to get them fixed by a professional (keeping a receipt for the closing). If the seller does not want to make repairs, the seller has the option of refusing to make the repair, or of giving a credit at closing – that is, basically, that a certain amount (equal to the actual cost of repairs) is taken from the seller’s proceeds at closing and given to the buyer.

How a lawyer can help you: the important function for the attorney is to make sure that the specific repairs (or credits) are described and set out carefully so that both parties know exactly what they are expected to do/get.

Talk Like A Lawyer

Tenants by the entirety: like joint tenants except that they must also be married and that neither has a share of the land, but both hold the entire land as one individual owner

Closing Argument

“If I accept you as you are, I will make you worse; however, if I treat you as though you are what you are capable of becoming, I help you to become that.” – Johann Wolfgang von Goethe

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Health Care Powers of Attorney: the difference between Living Wills and Health Care Powers of Attorney in Illinois

2011-05-11T05:00:00.002-05:00

Wednesday’s daily focus: estates, wills, trusts, and probate law

Last week we talked about living wills under Illinois law. In Illinois we also have health care powers of attorney, and health care powers of attorney are much more flexible, versatile, and customizable.

To re-cap:

A living will deals with the following situation only: whether or not your health care providers should use death-delaying procedures on you if you are in a terminal situation and you cannot express your wishes for yourself.

A health care power of attorney, however, deals with a much broader scope of situations. A health care power of attorney allows you to do any of the following: (1) name someone to serve as your agent to make health care decisions for you at any time that you are not able to make decisions for yourself – and this is true whether your condition is life-threatening or not, (2) name an additional person (or people) to serve as your successor agent(s) in case your primary agent cannot or will not serve, (3) dictate what health care procedures or treatment you do not want under any circumstances, (4) dictate whether or not you would like to donate organs, or which organs you may want to donate, (5) dictate what life-sustaining treatment you do or do not want, and (6) dictate who you want to be named as your guardian, should a guardian have to be appointed over you. Basically, a health care power of attorney is a broad and all-encompassing document that will insure that your wishes for your health care – whether your condition is terminal or not even that serious – are carried out when you are not able to articulate your own wishes for yourself. When you are able to articulate your own wishes for yourself, of course, you can do so – but the health care power of attorney protects your interests when and if you are not able to do so.

Pros for a health care power of attorney: allows you to comprehensively plan for your health care in the future, if you can’t speak for yourself

Cons for a health care power of attorney: the success depends on picking a good agent who will be there for you and make decisions you’d make for yourself

How a lawyer can help you: help you craft a health care power of attorney that will succeed and carry out your health care choices

Next week we’ll look at the important step of picking an agent in your health care power of attorney.

Talk Like A Lawyer

Escheat: the state’s getting property because no owner can be found

Closing Argument

“If one advances confidently in the direction of his dreams, and endeavors to live the life which he has imagined, he will meet with a success unexpected in common hours.” – Henry David Thoreau.

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Best practices for operating a corporation: annual reports

2011-05-10T05:00:00.001-05:00

Tuesday’s daily focus: small business/corporate

Last week, we talked about the importance of a corporation’s annual meeting. This week, let’s have a look at another important annual rite: the annual renewal. Just as you had to register your corporation in the beginning, you must renew the corporation each year.

The Illinois Secretary of State requires that corporations file an annual report each year, which renews the corporation’s good standing for another year. Each year the Secretary of State sends a renewal notice to the registered agent of the corporation. Pay attention to this! Be sure to give it your highest priority, or else immediately give it to your attorney to attend to, so that your corporate standing is not needlessly and pointlessly jeopardized.

In the event that a corporation does not renew and file its annual report, the corporation will not be in good standing and will be dissolved. It is possible to reinstate the corporation, but at an extra fee. Plus, during the time that the corporation is not in good standing, the owners of the corporation risk being personally liable for the corporation’s debts.

How a lawyer can help you: since the Illinois Secretary of State sends the notice of annual renewal to a corporation’s registered agents, many corporations use an attorney for their registered agent, so that such notices get to the attorney’s attention immediately. This is certainly one way to be sure that your corporate status is closely monitored. Another way your attorney can help you is to immediately notify your attorney when you get your notice from the Secretary of State, and your lawyer will prepare the annual report. If you are not sure whether or not your corporation is in good standing, your attorney can find out, and get the corporation back into good standing ASAP if it is not in good standing.

Next week we’ll look at important corporate formalities regarding bookkeeping and financial accounts.

Talk Like A Lawyer

Interrogatories: a form of discovery in a civil action in which parties are given a series of written questions to be answered under oath

Closing Argument

“Wisdom is not a product of schooling, but of the lifelong attempt to acquire it.” – Albert Einstein

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Selling your home: title insurance

2011-05-09T05:00:00.001-05:00

Monday’s daily focus: residential real estate law

In Illinois, the seller is usually obligated to provide good title to the buyer. This means that the seller has to prove to the buyer that he or she is the actual owner of the property, and that ownership of the property isn’t defective in any way.

Sellers do this by providing a commitment for title insurance. This is a task that your attorney does for you.

How a lawyer can help you: your attorney will order the title insurance for you, and review the evidence of title. In fact, your attorney will likely be an agent of the title company in the transaction, as well, and will be paid by the title insurance company for the work in reviewing the evidence of title. This arrangement benefits both the seller and the title insurance company inasmuch as the seller is able to provide evidence of good title and the title insurance company has someone working on the transaction assuring them that the land they’re issuing the insurance policy for is valid.

With title insurance, the seller provides evidence of good title and the buyer receives good title.

Talk Like A Lawyer

Tenants in common: persons who each hold a share of land that can be passed on to heirs or otherwise disposed of

Closing Argument

“Blessed are those who can give without remembering and take without forgetting.” – Elizabeth Bibesco

Do you have a legal question? askthelawyer@yourpersonallawyer.com

The attorney-client relationship in a divorce case: establishing objectives

2011-05-06T05:00:00.002-05:00

Friday’s daily focus: divorce and family law

A divorce case can sometimes really put the “counselor” in “attorney and counselor at law.” For the client, it may be the closest encounter he/she has had with the court system, and – obviously – he or she is going through a pretty significant personal change, as well.

So, it’s pretty important to set objectives at the outset. For instance:

• To what extent can the client and the soon-to-be-ex-spouse agree about the terms of the separation and divorce?

• What are the financial needs for the client, and the client’s children?

• What will the client’s ability be to support himself/herself and the children after the divorce?

• What does the client want to do with his/her life after the divorce?

• What relationship, if any, does the client want to have with the ex-spouse after the divorce (especial vis-à-vis the children)

• Does the client have any means of support during the pendency of the divorce proceedings?

The attorney and client need to start out their relationship on the right foot by candidly discussing where the client aims to be in his/her life once the divorce is final, and a strategy for the divorce proceedings can be planned with that in mind. Numerous individual considerations factor into this, so each case is as different as there are people.

But, in the divorce process, the attorney and client will be dealing with some pretty intimate areas of the client’s life, and the client’s future. It’s critical that the relationship get off to a good start with good rapport and with trust.

Talk Like A Lawyer

Joint custody: custody in which both parents share responsibility and authority of child rearing

Closing Argument

“Life shrinks or expands in proportion to one’s courage.” – Anais Nin

Do you have a legal question? askthelawyer@yourpersonallawyer.com

What a condo association is and how it's formed

2011-05-05T05:00:00.002-05:00

Thursday’s daily focus: condo law

Q: What is a condo association?

A: A condo association is a non-profit corporation, and operates like any other corporation, with a board of directors and officers. A condo association is also a specific way for multiple people to own property together. In a condo association, unit owners own their own units, and all of the unit owners jointly own the common elements (the part of the property outside of their units) of the property.

Q: How is a condo association formed?

A: When a developer wants to form a condo building, he/she records a condominium declaration (which is the “constitution” of the association) at the Recorder of Deeds office. Recording the condominium declaration takes the ownership away from the developer directly and into the condominium association’s ownership.

Talk Like A Lawyer

Judgment creditor: the party to whom a judgment must be paid

Closing Argument

“Happiness is someone to love, something to do, and something to hope for.” – Chinese Proverb

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Living Wills in Illinois

2011-05-04T05:00:00.001-05:00

Wednesday’s daily focus: estates, wills, trusts, and probate law

What is a living will?

In Illinois, a living will is a document that says (in non-legalese) you don’t want to be kept alive on life support if you have a terminal medical condition (like, for example, you’re in a coma with no hope of recovery).

Okay, here’s the legalese: a living will is a document which notifies your health care providers that you do not want any death-delaying procedures performed on you if you are deemed to have a terminal condition.

A little more legalese: a living will is an advance directive – a document you sign while you are healthy and of sound mind that tells your medical providers and/or your family and friends what health care and financial decisions you want to be made for you when you are no longer able to articulate your wishes for yourself. They are called “advance directives” because they are “directives” that you make in “advance” of the time you will need them.

So, the key points of a living will: (1) it applies only if you have a terminal condition, (2) it tells your doctors not to put you on life support or take any special measures to keep you alive if you’re terminal, and (3) it’s a written notice from you to your doctors. One other major point is that a living will is for a situation when you can’t speak – if you can speak, you can articulate your wishes; but, if you can’t, your living will speaks for you about your wishes.

Pros for living wills under Illinois law: if you can’t speak for yourself, and you know that you won’t want to be kept alive on life support or have extraordinary medical procedures to prolong your life, a living will prevents all of that.

Cons for living wills under Illinois law: in Illinois, a living will has a very narrow application. It applies in the following circumstances only: when your condition is terminal, and you cannot express your own wishes for yourself, your living will directs your doctor not to give you any death-delaying treatment.

A living will in Illinois is appropriate for: anyone who has a strong preference against being kept alive on life support or undergoing medical procedures just to delay your death if your condition is terminal. If you do not have a living will, and your condition is terminal, and you cannot otherwise express your own wishes for yourself, your health care decisions are made by your next of kin. They may or may not agree on what to do, and you may or may not end up on life support. By way of example, Terri Schiavo did not have a living will – obviously, her family did not agree on what kind of treatment she should receive, and the long and protracted legal battle was the result.

How a lawyer can help you: help you craft an advance directive saying what medical care you want to honor your values and personal choices.

Talk Like A Lawyer

Per capita: Latin for “by heads” – by number of individual persons, each equally.

Closing Argument

“Nothing worthwhile ever happens quickly and easily. You achieve only as you are determined to achieve – and as you keep at it until you have achieved.” – Robert H. Lauer

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Best practices for operating a corporation: annual check up

2011-05-03T05:00:00.002-05:00

Tuesday’s daily focus: small business/corporate

So, you formed your corporation – then you dive in and get busy – before you know it, a year has passed! Hopefully a good year!

To maintain your corporation in good standing, there are some important things to keep in mind at all times, and some things you have to do each year to keep your house in order.

One of the things you have to do each year is to have an annual meeting, give notice to all of the shareholders of the corporation, and to keep minutes of the meeting (and all meetings). Shareholders can opt to waive notice of the annual meeting, but that waiver must be documented.

Having the annual meeting is an important corporate formality that shows that the corporation is operating properly. Without it, it might be presumed that the corporation is merely an alter ego of the shareholder(s), and not truly a separate legal entity. Therefore, notice (or waivers of notice) of the annual meeting and minutes documenting that the meeting was held and what resolutions were passed is critical.

How a lawyer can help you: since keeping corporate records is critical for the legal operation of a corporation, a lawyer can prepare the proper notices of the corporate annual meeting (or waiver of notice) and the appropriate minutes that will document what the corporation is doing. Maintaining good corporate records is vital to the legal wellbeing of a corporation. Consulting with an attorney for the corporation’s annual meeting is like having an annual check-up with your doctor – good for your health, and helps prevent trouble!

Next week, we’ll discuss another annual duty for corporations: the annual corporate renewal.

Talk Like A Lawyer

Principal: a person or anyone else who has another person do things for him or her

Closing Argument

“Far and away the best prize that life offers is the chance to work hard at work worth doing.” – Theodore Roosevelt

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Selling your home: what your attorney does for you

2011-05-02T12:37:00.001-05:00

Monday’s daily focus: residential real estate law

During April, we discussed various aspects of the home buying process from the buyer’s perspective. In May, let’s flip that over and talk about the transaction from the seller’s perspective. We will cover title insurance, contract negotiations and making repairs, and signing the deed and closing documents.

Some of the points that apply to buyers apply to sellers, too – we’ll point those out along the way.

What’s the attorney’s role in the process, though? How does an attorney help?

Your attorney will order title insurance and review evidence of title to generate a title commitment that will be given to the buyer. The contract between the buyer and the seller stipulates that this must be done. Your attorney will draft the necessary closing documents to transfer title to the buyer, including the deed, affidavit of title, and bill of sale. Above all, your attorney should be in frequent contact with you to let you know what is happening in the transaction and to answer your questions.

When you transfer title to a buyer, there are numerous long-range legal consequences and potential pitfalls that are involved in that. Your attorney’s job is to see you through that and get the transfer done legally, smoothly, and swiftly.

Talk Like A Lawyer

Joint tenants: persons who each hold a share of land that remains the property of the surviving joint owners when a joint owner dies. The joint owners have equal shares which they received at the same time by the way of the conveyance.

Closing Argument

“Don’t be afraid to take a big step if one is indicated. You can’t cross a chasm in two small jumps.” – David Lloyd George

Do you have a legal question? askthelawyer@yourpersonallawyer.com

The Illinois civil unions law: estate planning

2011-04-29T05:00:00.001-05:00

Friday’s daily focus: divorce and family law

Last week, we talked about a major change that civil unions bring to couples that married couples have long enjoyed, the right to have access to their spouses in a hospital and to have emergency medical decisions respected. Another right along those same lines is the right to inherit your partner’s property after he or she dies.

Up until now, everyone has had the right to make a will, and to leave their property to whomever they want. But, if you don’t make a will (that is, you die intestate), your estate goes to your next of kin; legally, that has been defined as your spouse, your children, your parents, your siblings, etc. Now, your civil union partner will count as your spouse. So, before when you didn’t have a will, your property went to your blood relatives, and now your property will go to your civil union partner.

This is still no substitute for having a will, in which you can much more carefully plan your estate. Still, it affords some comfort and security for couples who are not married, but have entered a civil union.

Talk Like A Lawyer

Community property: property (other than a gift or inheritance)acquired by a husband or wife during marriage that belongs to both spouses equally

Closing Argument

“Each person’s work is always a portrait of himself.” – Samuel Butler

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Condo board basics (what to do and how to do your best): board duties

2011-04-28T05:00:00.000-05:00

Thursday’s daily focus: condo law

The board has several important duties. One of the chief duties of the board is to govern the association’s finances. The association’s finances should be governed through a budget. The board of directors prepares a proposed budget for the entire association. The proposed budget has to cover all of the anticipated common expenses and all of the anticipated income for the coming year, and must include the proposed assessments for each unit for the coming year. The board of directors has to distribute a copy of the proposed budget to all of the unit owners 30 days before the board votes on the budget at an open meeting properly called for that purpose.

Another duty of the board is to report on how money was spent the year prior. Each year the board of directors must distribute to all unit owners an itemized accounting for the prior year of the revenues collected and the amounts spent, and what the expenses were. The accounting must clearly state whether there was a deficit or a surplus for the year.

Also connected with finances, the board must make sure that assessments are being collected. If any owners are not paying assessments, the board must take action against the delinquent owners.

Additionally, the decision to engage the services of a professional (maintenance, management company, attorney, etc.) is the responsibility of the board.

Talk Like A Lawyer

Appellee: the party that opposes an appeal, asserting that the judgment of a trial court or lower appellate court should be affirmed

Closing Argument

“If we all did the things we were capable of doing, we would literally astound ourselves.” – Thomas A. Edison

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Preparing your will: reviewing, revising, and changing your will

2011-04-27T05:00:00.001-05:00

Wednesday’s daily focus: estates, wills, trusts, and probate law

Here’s the rule of thumb on when you need to review your will: every 5 years, and after major life events like getting married, having children, deaths in the family, and getting divorced. It’s important to make sure that your choices of executor and beneficiaries are still what you want, and to make any changes that might be needed.

If you need to change your will, one way is to do a new will altogether. Many people do new wills. There is no limit on doing a new will. But, if you want to make one or two changes to your will, another method is to do a codicil to your will. A codicil is a separate document that you sign that says what changes you are making to your will, and that you otherwise want your will to be valid. It’s kind of like an amendment to your will.

There isn’t an “expiration date” to your will. Once you make it, it stands forever, unless you change it or revoke it. So, it’s not only important that you do a will, but also that you keep your will current.

Talk Like A Lawyer

Intestate succession: the distribution of inheritances to heirs according to a state’s laws about who should collect.

Closing Argument

“I still find each day too short for all the thoughts I want to think, for the walks I want to take, for all the books I want to read, and all the friends I want to see.” – John Burroughs

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Collections: recording the judgment

2011-04-26T05:00:00.001-05:00

Tuesday’s daily focus: small business/corporate

Last week we talked about some methods to collect a judgment against a debtor. Obviously, the sooner you can collect on the judgment, the better. Sad to say, but sometimes there are debtors who can’t pay – at least not now. The good news is that the judgment can be used for some long-term strategies.

First of all, simply having the judgment can be used for leverage if and when the debtor ever needs to get a loan or get financing. The judgment against him/her will appear on his/her credit report, and will hamper him/her from ever getting financing. So, even if the debtor is doing nothing to pay the debt in the short term, the debtor may be forced to do something about it in the long term – simply for his or her own good, credit-wise.

Another strategy that can be used is to record the judgment against any real property that the debtor owns. Actually, if the debt is big enough, you can actually foreclose on the debtor’s property to get your debt paid for from the sale of the property; although that process can be costly, so the amount of the debt has to make it worthwhile. Nevertheless, even without foreclosing on the property, recording the judgment creates a lien on the debtor’s property, which he or she will have to pay off if they want to sell the property.

Although these strategies don’t have an immediate pay off – which is what any creditor wants, after all – they do have a potential pay off in the long term.

Talk Like A Lawyer

Power of attorney: a document authorizing a person to act as an attorney in fact for the person signing the document

Closing Argument

“The great composer does not set to work because he is inspired, but becomes inspired because he is working. Beethoven, Wagner, Bach, and Mozart settled down day after day to the job in hand with as much regularity as an accountant settles down each day to his figures. They didn’t waste time waiting for inspiration.” – Ernest Newman

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Buying a home: the closing

2011-04-25T05:00:00.002-05:00

Monday’s daily focus: residential real estate law

So far, in talking about buying a home, we have covered signing the contract, home inspections, the attorney review period, and the mortgage contingency. Now, let’s talk about the closing.

Your lawyer will review several documents prior to closing, including the deed and other legal papers prepared by the seller’s attorney, checking them for accuracy and making necessary changes. Your attorney will also review the title commitment provided by the seller. The title commitment shows what property rights the buyer will get, and the attorney will make sure that the correct property rights are conveyed to the buyer.

Most closings take place at the offices of a title insurance company. You will be called upon to sign a number of documents on your mortgage documents. Your attorney will walk you through the papers and explain what you are signing. Your attorney will also review the closing documents prepared by the seller’s attorney and the title company, and explain these to you. An employee of the title insurance company will serve as the “closer” – he or she coordinates with your lender, as well as facilitates the closing among the parties present. The seller may or may not be at the closing, but the seller’s attorney will be. Your attorney will discuss several matters of importance with the seller’s attorney. Once you have signed all of the necessary papers and your lender provides the money, the closing will be done. If you haven’t gotten them already, you will get the keys to your new home. You will leave the closing table as a new home owner!

Talk Like A Lawyer

Personal property: having to do with movable property, as opposed to land and buildings

Closing Argument

“Associate yourself with people of good quality f you esteem your own reputation.” – George Washington

Do you have a legal question? askthelawyer@yourpersonallawyer.com

The Illinois civil unions law: making medical decisions

2011-04-22T05:00:00.002-05:00

Friday’s daily focus: divorce and family law

One of the major changes that the Illinois Civil Union Act brings is the rights of couples to make medical decisions for their partners. Currently – and as it has been up until now – married couples can make emergency medical decisions for their husbands or wives, and have immediate access to their spouse in the hospital. Unmarried couples – boyfriends/girlfriends and same sex couples – had no such right.

Civil unions give this right.

Getting a civil union is still no substitute for having a health care power of attorney (which everyone should have, married or not), but it gives your civil union partner the same priority as a husband or wife in making emergency health decisions for you, rather than having no legal rights at all.

Talk Like A Lawyer

Common law marriage: a marriage without a formal ceremony (Illinois does not recognize common law marriage)

Closing Argument

“Take time to deliberate, but when the time for action has arrived, stop thinking and go in.” – Napoleon Bonaparte

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Condo board basics (what to do and how to do your best): notice of board meetings

2011-04-21T05:00:00.000-05:00

Thursday’s daily focus: condo law

Notice of the board meeting (which must meet at least four times a year) must be delivered or mailed to all owners, and be posted in entrances, elevators, or other conspicuous places in the building at least 48 hours before the meeting.

It’s very important that notice be delivered to the owners, as well as posing notice in common areas. Also, the requirement is that notice has to be at least 48 hours; in actuality, notice can be earlier than that. A “best practices” suggestion is to have the board set a schedule for its meetings – monthly, bi-monthly, or quarterly – for the year, and to deliver a schedule of the meetings to the owners.

Next week, we’ll discuss the duties of the board.

Talk Like A Lawyer

Appellant: the party that files an appeal and seeks to overturn the judgment of a trial court or lower appellate court

Closing Argument

“Only those who have the patience to do simple things perfectly will acquire the skill to do difficult things easily.” – Johann Friedrich von Schiller

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Preparing your will: your beneficiaries

2011-04-20T05:00:00.001-05:00

Wednesday’s daily focus: estates, wills, trusts, and probate law

A very important part of you will is where you name the people who get items or money from your estate. Without this provision, your estate will go to your next of kin (whether you want them to have any of it or not).

Here’s a review of some of the basic terms: the people you leave gifts to in your will are called beneficiaries; the gifts are called bequests; if you leave someone out of your will, you disinherit them.

If you’re married, there is an important consideration to keep in mind. If you disinherit your spouse, he or she has the right to reject your will and claim either 1/3 or 1/2 of the estate (depending on whether there are children).

Another consideration to keep in mind is that if you name a beneficiary of your estate, what do you want to happen to that bequest if the beneficiary dies before you? Do you want it to back to your estate, since they aren’t alive to receive it (what lawyers call “lapse”)? Do you want it to go to the heirs of the beneficiaries? There are ways to prepare the will that will make your intentions clear.

The important point is that naming beneficiaries in your will makes sure that your estate gets to the right people, and it allows you the chance to reward the people in your life with your gifts.

Next week, we’ll discuss changing your will.

Talk Like A Lawyer

Intestate: without a will. Dying intestate is dying without having a valid will or one that covers all of the decedent’s property.

Closing Argument

“A wise person will make tools of what comes to hand.” – Thomas Fuller

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Collections: collecting on the judgment

2011-04-19T05:00:00.002-05:00

Tuesday’s daily focus: small business/corporate

We’ve been talking about collecting on judgments, and we’ve covered collection letters and filing suit. Today, let’s talk about collecting on a judgment.

A judgment is a powerful thing to have against someone, but it has to be enforced before it can do anything. For collections, there are three common ways to enforce a judgment: a wage garnishment, a bank garnishment, and a citation to discover assets. Let’s talk about all three of these.

In a wage garnishment, you are basically notifying the debtor’s employer that you have a judgment against him/her, and that the employer must pay a portion of the employee’s paycheck to you to satisfy the judgment. The employer has no discretion about this – they must do it, as long as the debtor is working for them and receiving pay. Bear in mind that there is a minimum income requirement and that the amount of the payments depend on the amount of income (the more income, the bigger the payment). But, once the garnishment is set up, it will continue as long as the debtor is working for that employer, until the judgment is satisfied. Obviously, for a wage garnishment to work, you have to know where the debtor works.

In a bank garnishment, you are basically notifying the debtor’s bank that you have a judgment against him/her, and that the bank must freeze the account and pay you the amount of the judgment from the bank account. Obviously, you have to know where the debtor has a bank account. Also, the bank account must have enough in the account to pay the entire amount of the judgment.

In a citation to discover assets, you are compelling the debtor to come back to court to disclose, under oath, all of the assets he or she has, including where they work, what property they have, what bank accounts they have, and any and all other means of paying the debt. If the debtor fails to comply, they’re in contempt of court.

Each of these methods are done through “post judgment proceedings” which means that they are done through court proceedings after the judgment is entered in the trial. So, they require additional appearances in court, and additional legal expenses.

A “pro” for any of these methods is that they continue to put the debtor in the hot seat, freeze the debtor’s assets (in some cases), and they continue to pursue the debtor for payment. A “con” for the methods is that they continue to take time and expense to pursue. An important factor to think about is that the judgment is merely a court order unless you seek to enforce it.

Next week we’ll talk about one other method of enforcing a judgment, a judgment lien.

Talk Like A Lawyer

Agent: a person authorized by another person to act for him or her

Closing Argument

“It is not enough to be busy; so are the ants. The question is: what are we busy about?” – Henry David Thoreau

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Buying a home: getting your financing lined up

2011-04-18T05:00:00.001-05:00

Monday’s daily focus: residential real estate law

So far in our discussion on buying a home, we’ve covered signing the contract, the home inspection process, and the attorney review period.

So, how does getting a mortgage fit into the process?

Sometimes a buyer will have a “pre-approval letter” from a mortgage company before (or soon after) starting to look at properties with your real estate agent. Once you have entered into a sales contract, however, the process of getting a mortgage begins in earnest. The contract will allow you a certain amount of time to get a mortgage. This is referred to as the “mortgage contingency deadline.” The actual amount of time will vary, depending on how quickly the closing is scheduled.

If you are not able to get a mortgage for any reason by the deadline, you will be able to walk away from the deal without any further obligation, as well as get your earnest money refunded (this is actually one of the contract terms your attorney will ask for in the attorney review period). Most contracts have a provision that would allow the seller to get a mortgage for you if you can’t get one for yourself – that provision, hopefully, can be deleted from the contract during the attorney review period negotiations. In the alternative, your attorney will need to notify the sellers of your inability to get a mortgage commitment by the deadline, and ask for an extension of the deadline, or for your earnest money to be refunded.

The mortgage contingency is a very important protection for buyers. The mortgage contingency allows buyers to get out of a deal if they cannot get the financing they expected to get.

Once the buyer has the financing arranged, the next step is the closing.

The attorney’s role in the financing phase is to make sure the buyer has the time necessary to get the financing arranged, and to get more time in the contract if the buyer needs more time. Also, in case the buyer can’t get financing as anticipated, to get the buyer out of the deal unharmed.

Talk Like A Lawyer

Equity: the interest or value that an owner has in property over and above any indebtedness

Closing Argument

“Don’t be fooled by the calendar. There are only as many days in the year as you make use of. One person gets only a week’s value out of a year, while another gets a full year’s value out of a week.” – Charles Richards

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Condo board basics (what to do and how to do your best): board meetings

2011-04-14T06:43:00.001-05:00

Thursday’s daily focus: condo law

The condo board must have at least four open meetings per year. They may meet more often. The meetings must be open to all unit owners, with limited exceptions. Although the meetings are open to all owners, owners are not allowed to participate (but, more on that below).

All board meetings where the board will be voting on matters must be open to unit owners, and they must also get proper notice of the meeting. The board, however, can conduct certain business in a closed meeting (for example, personnel matters, fines against specific unit owners, among other things). Of course, a quorum of the board may opt to meet up – or even meet up by chance (in the mail room on their way home from work, for instance) – and end up discussing association business, and this is perfectly proper as long as they do not take any votes and enact any rules or policy.

Board meetings are business meetings. Naturally, prudent owners will attend to stay current on what’s going on in the association. But, they are not allowed to interrupt or participate in the meeting. A “best practices” suggestion is to have an “open forum” before the meeting to allow owners to ask questions or make statements, so that the owners’ perspectives can be heard before the board takes up its duties in the meeting.

Next week, we’ll have a look at the notice that must be given to the owners of the board meeting.

Talk Like A Lawyer

Appeal: the process of requesting a higher court to review the unfavorable decision of a trial court or lower appellate court

Closing Argument

“Pay no attention to what the critics say; there has never been a statue erected to a critic.” – Jean Sibelius

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Preparing your will: the role of the executor

2011-04-13T07:25:00.001-05:00

Wednesday’s daily focus: estates, wills, trusts, and probate law

Last week we talked about the formalities of doing a will and why the formalities have to be followed. In keeping with that theme, another important part of a will is where you name the executor of your estate.

The executor’s job is to manage the estate, gather the assets, pay off debts, make sure that the inheritances get to the right people, and to wind everything up.

The executor has to be formally named in the will, even in situations where it’s perfectly obvious who you want to serve as executor (like, say, your spouse or one of your kids). If you don’t follow the formality of naming them to be the executor, it will be up to a judge later to decide who gets to be the executor.

We should clarify one thing: we’re using the term “executor” for both male and female. Some old-fashioned types may still call women serving in the role as an “executrix.” Kind of charming and a throwback to earlier times, but we’ll use “executor” for everyone.

One other very important consideration is to name a back-up executor (what lawyers call a “successor executor”) in case your first choice can’t do it.

Who should you name as your executor? Someone you trust, someone you know can handle the business affairs of your estate, someone you know can follow through on the duties and get things done, someone who will do as good a job of handling your matters as you would yourself.

Next week, we’ll look at the provision in your will where you name your beneficiaries and give your important assets to the people and organizations you want to have them.

Talk Like A Lawyer

Life estate: An ownership interest in property (an estate) that lasts until a named person or persons die.

Closing Argument

“The secret of joy in work is contained in one word – excellence. To know how to do something well is to enjoy it.” – Pearl Buck

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Collections: filing suit in court and getting a judgment

2011-04-12T05:00:00.002-05:00

Tuesday’s daily focus: small business/corporate

Last week we covered some pros and cons of trying to collect a debt via a collection letter from an attorney. In the right situations, a collection letter can be useful and effective, while for some debtors, a collection letter is a pointless delay and a waste of time.

If a debtor is failing to pay, the only legal way to force them to pay is to get a judgment against them in court. A judgment is a court order saying that they must pay. Usually, the court enters a judgment after a trial in the case (with some exceptions, such as a procedural method of getting a judgment which can be used in some situations, or an agreed judgment).

The path toward a judgment begins with filing suit in court. At the same time that the suit is filed, a summons is issued against the defendant and given to the sheriff for service. Once the sheriff serves the defendant, the defendant has a deadline to file his/her papers in court, and a court date is set. Depending on the size of the case, a trial date may be set right away.

The two sides can agree to settle the matter at any point. Sometimes being sued will finally make a debtor think about paying. But, if the debtor still will not pay, the judgment order coming from the trial will be necessary.

The trial will be before the judge, and there may or may not be a jury, depending on the size of the case. Once the trial is over, the judge (or jury, if applicable) will make the decision. If you win, you get a judgment. The judgment is a court order that the defendant must pay you the money.

Next week, we’ll talk about enforcing the judgment.

Talk Like A Lawyer

Dual agency: the agent represents two principals in the same transaction

Closing Argument

“Noble blood is an accident of fortune; noble actions are the chief mark of greatness.” – Carlo Goldoni

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Buying a home: inspecting the house and the attorney review period

2011-04-11T05:00:00.000-05:00

Monday’s daily focus: residential real estate law

Last week, we talked about signing the contract. This week, let’s talk about home inspections and the attorney review period.

Often, it is a wise choice to hire a home inspector to look at the inside and outside of the home you plan to buy. The home inspector will identify anything about the property that may need to be repaired or corrected. Your contract will have a limited period of time in which you can perform a home inspection; often it is 5 days. For legitimate reasons, the time limit can be extended, if the seller agrees, but the point is that it must be arranged expediently very early in the process. Also, it is to your advantage to learn early on what the condition of the property is, which the inspector will be able to tell you.

The attorney review period – also typically 5 days after signing the contract – is when the attorney will propose modifications to the terms of the contract that benefit your interests. If the contract is unacceptable, the attorney can terminate the contract. The attorney review provision of the contract allows the buyer to change the terms of the contract, or to cancel it altogether if it turns out that the contract is unacceptable.

The home inspection process and the attorney review period go hand-in-hand because issues about the condition of the property are usually the main issues that need to be ironed out between the buyer and the seller after the contract is signed. The attorney can ask the seller to fix or replace certain defects in the house that came to light during the inspection. If the inspector uncovers a big problem with the property, your attorney can negotiate to get you out of the contract with your earnest money refunded.

Once the buyer and the seller have come to terms on modifications to the contract and any issues that came up from the home inspection, the next step for the buyer is to make sure that the financing is coming together, which we’ll talk about next week.

The role of the attorney during the inspection process and the attorney review period is to make sure the buyer’s interests are protected, and that the contract is modified to include any repair items that are necessary.

Talk Like A Lawyer

Improvement: any artificial addition to land (such as a building or a fence)

Closing Argument

“Life is not easy for any of us. But what of that? We must have perseverance and, above all, confidence in ourselves. We must believe that we are gifted for something, and that this thing, at whatever cost, must be attained.” – Marie Curie

Do you have a legal question? askthelawyer@yourpersonallawyer.com

The Illinois civil unions law: getting "civil unioned"

2011-04-08T15:08:00.001-05:00

Friday’s daily focus: divorce and family law

The Illinois civil union law goes into effect on June 1 this year. The law applies to any couple – gay or straight – who want marriage rights in Illinois. Straight couples can still get married, whereas gay couples cannot; however, civil unions hold virtually all of the same rights as marriage under Illinois.

Eligibility to get “civil unioned” is the same as being eligible to get married: (1) must complete an application for a marriage license and pay the required fee, (2) must both be at least 18 years old (can be 16 or 17 years old, but must have parental approval or judicial approval), (3) neither the man nor the woman is already married, (4) the man and the woman are not related any closer than second cousins (except that first cousins can get married if both are over the age of 50 or one of the parties is sterile).

A civil union requires a ceremony, just like a marriage (what lawyers call “solemnizing the marriage”). The ceremony can be a judge or a member of the clergy or anyone else who is authorized to conduct a marriage ceremony in Illinois.

In the next few weeks, we’ll look at the specifics of how the civil union bill will work, and some of the new rights it brings, including making medical decisions in emergencies, inheritance rights, and – yes – divorce.

Talk Like A Lawyer

Prenuptial agreement: a contract between persons about to marry, usually containing the way property will be handled during the marriage, the way it will divide in case of divorce, and the limits on spousal support obligations

Closing Argument

“The best thing to give to your enemy is forgiveness; to an opponent, tolerance; to a friend, your heart; to your child, a good example; to a father, deference; to your mother, conduct that will make her proud of you; to yourself, respect; to all men, charity.” – Lord Balfour

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Condo board basics (what to do and how to do your best): serving on the board

2011-04-06T19:29:00.002-05:00

Thursday’s daily focus: condo law

They called Frank Sinatra the “Chairman of the Board” as a tribute to his greatness. We won’t comment on whether actually serving on a board – must less being the chair – is always such an honor after you get bogged down into the actual business of things.

Nonetheless – honor or not – actively serving on (or actively monitoring) the board of your condo association is an ideal way to maintain the investment in your home and stay abreast of all of the important decisions being made about the building.

Board membership is available to unit owners. Tenants renting units are not eligible. The board is elected by a vote of the members of the association. The bylaws of the association must say how many of the board members are up for election each year, but at least 1/3 of the board has to be up for election each year. No director may serve a term longer than 2 years.

If there’s a vacancy on the board of directors, the board of directors may elect a replacement, and that replacement will serve until the next annual meeting (not for the balance of the vacated term). 20% of the unit owners can also call a meeting to fill a vacancy, and if a replacement is elected, that replacement will serve for the balance of the vacated term (not just until the next annual meeting). However, there is no requirement that a vacancy on the board must be filled.

The board members elect the president, vice president, treasurer, and secretary. Members of the board are entrusted with managing and conducting the business on behalf of the entire association. Unit owners have to abide by the rules and decisions made by the board; therefore, it’s very important that unit owners take board elections and board meetings seriously.

In the coming weeks, we’re going to discuss how board meetings should be conducted, what kind of notice of meetings is required, and the duties of the board.

Talk Like A Lawyer

Appeal: the process of requesting a higher court to review the unfavorable decision of a trial court or lower appellate court

Closing Argument

“The rung of a ladder was never meant to rest upon, but only to hold a man’s foot long enough to enable him to put the other somewhat higher.” – Thomas H. Huxley

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Preparing your will: observing the formalities

2011-04-06T08:15:00.001-05:00

Wednesday’s daily focus: estates, wills, trusts, and probate law

You have probably heard the term “Last Will and Testament,” but may not know how the term originated. We inherited our language and our legal system from England. In England, centuries ago, to express who should inherit real property (that is, land), the legal document used was a will. On the other hand, items of personal property were disposed of through a testament. Over the years, these two traditions merged, and we have a “Last Will and Testament” that allows us to say who gets our property, both real and personal.

There are two basics on the outset in doing a will. First, you have to be old enough. In Illinois, you have to be 18. Second, you have to have what lawyers call “testamentary capacity.” Another way to express that in legalese is to be “of sound mind and body.” Basically, this means that you have to be mentally alert enough to know who you are, what property you have, and who your natural heirs are (even if you plan to disinherit them!). The formal legal expression for this is to “know the nature and extent of your bounty” and “the natural objects of your bounty.”

Since a will goes into effect only after a person dies, the will has to be signed with certain formalities so that everyone can be sure that the will is really what you wanted to do with your property. You can’t just jot down what you want done on a quick note. The will must be witnessed by at least two witnesses, and they, too, have to be of age and be mentally competent.

In the next few weeks, we’ll be looking at the key parts of a will more closely. The different parts of a will have bring their own considerations and lead to important decision making on your part. The lawyer’s job in all of this is to present you with your options and explain the consequences of your choices so that you can be satisfied that you’ve chosen wisely, both personally and legally.

Talk Like A Lawyer

Totten trust: a trust created by putting money into a bank account in your name as trustee for another person. You can take it out when you want, but if you do not take it out before you die, it becomes the property of that other person.

Closing Argument

“Undertake something that is difficult; it will do you good. Unless you try to do something beyond what you have already mastered, you will never grow.” – Ronald E. Osborn

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Collections: effective collection letters

2011-04-05T04:19:00.001-05:00

Tuesday’s daily focus: small business/corporate

Many people in business have to deal with people and companies who owe them money. We’re going to discuss some options you have in collecting on debts, and the pros and cons of each, and how they work.

This week, we’ll talk about a collection letter. If the two sides have been talking over the phone or by email or letters, sometimes it is effective to have an attorney write to the other side to explain what they want. If the attorney writes to the debtor, the attorney will say how much they owe and give a deadline to pay, or else legal action will be taken. For some debtors, this may finally trigger them to pay, but for other debtors, it may be ignored.

So, a “pro” of beginning with a collection letter from an attorney is that, if it works, it ends the matter without any extra legal expense. Also, if you’re not sure if the address for the debtor is good or that the debtor is getting your communication, sending the letter by registered mail will confirm the address and the receipt of the letter.

On the other hand, if you have a stubborn or insolvent debtor (but one who may again be solvent – perhaps simply going through a dry spell), a collection letter may be, frankly, a waste of time and a further delay.

One important thing to bear in mind for a collection letter is the Fair Debt Collection Practices Act, a federal law. If it’s a consumer debt, the letter has to comply with the notice requirements of the Fair Debt Collection Practices Act.

Next week, we’ll cover filing suit in court to get a judgment against the debtor, if any other collection technique hasn’t been successful.

Talk Like A Lawyer

Agency: the fiduciary relationship of trust between the principal and the agent

Closing Argument

“I have learned that success is to be measured not so much by the position that one has reached in life as by the obstacles which he has overcome while trying to succeed.” – Booker T. Washington

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Buying a home: signing the contract

2011-04-04T07:32:00.001-05:00

Monday’s daily focus: residential real estate law

Buying a home is a journey. A lawyer’s job is to help make the home buying process as smooth a journey as possible.

For most home buyers, the beginning step on the journey is to get a real estate agent and start looking at places. The attorney usually comes into the picture once you have settled on a place you like and are ready to put in a bid with the seller. Typically, your bid is conveyed to the seller in the form of a real estate contract, which your real estate agent helps you fill out. You will sign it, and then your agent will deliver it to the seller or the seller’s agent. This is a bid – an offer. Several aspects of your offer will probably be negotiated – the most important of which is the sales price. Once all aspects of your offer are negotiated, the seller will sign the contract, making it a binding agreement.

So, once the seller signs the contract, you have entered into an enforceable contract. This is the point where the attorney’s role enters the equation. The date when both the buyer and the seller (or the last of these two, if on different dates) have signed the contract is referred to as the acceptance date. This is when the “attorney review period” begins, and your attorney swings into action. The attorney review period is a very important protection for buyers, because it gives your attorney the opportunity to make modifications to the contract that protect your interests. Your attorney will work closely with you to let you know what modifications he or she will be proposing, and why the modifications are important to you.

Next week, we’ll talk about the attorney review period of the contract and what it means. We’ll also talk about getting an inspection for the home, and how that fits into the process.

The attorney’s job in representing a home buyer is make sure that the contract works for the buyer’s benefit and has all of the terms and provisions that the buyer needs.

Talk Like A Lawyer

Fixture: an item of personal property that has been so attached to land or a building that it becomes part of the real estate

Closing Argument

“Our business in life is not to get ahead of others, but to get ahead of ourselves – to break our own records, to outstrip our yesterdays by our today, to do our work with more force than ever before.” – Stewart B. Johnson

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Operating budgets for condo associations

2011-03-31T08:39:00.001-05:00

Thursday’s daily focus: condo law

Ask The Lawyer

Q: How is the operating budget for the association drawn up?

A: The board of directors prepares a proposed budget for the entire association. The proposed budget has to cover all of the anticipated common expenses and all of the anticipated income for the coming year, and must include the proposed assessments for each unit for the coming year. The board of directors has to distribute a copy of the proposed budget to all of the unit owners 30 days before the board votes on the budget at an open meeting properly called for that purpose.

Talk Like A Lawyer

Real property: land, buildings, and things permanently attached to land and buildings

Closing Argument

“The right man is the one who seizes the moment.” – Johann Wolfgang von Goethe

Do you have a legal question? askthelawyer@yourpersonallawyer.com

A look at trusts

2011-03-30T08:35:00.001-05:00

Wednesday’s daily focus: estates, wills, trusts, and probate law

Continuing in our discussion of estate planning tools, let’s talk about trusts.

For many people’s estate planning, trusts are set up while they’re still living. These are commonly called living trusts. There are also trusts that go into effect after you die, and I’ll talk about that in a moment.

The fundamental idea of a living trust is that you are transferring title to your property from you to the trust. Therefore, the trust owns your property. When you die, the trust still owns your property, because the trust doesn’t die with you. The major advantage of this is that, if the trust is set up properly, your estate is easily handled after you die, and you probably will not need to have your estate go to probate court. While you’re alive, you can continue to use your property as though it’s your own, because technically you’re the beneficiary of the trust – which means you get all of the use of it, even though you technically don’t own it. An important caveat is that setting up trusts can be complicated, and requires follow-through to carry it out. However, it’s like everything that takes some planning ahead: some hard work at the beginning will pay off in the end.

The other kind of trust, the one that goes into effect when you die, is called a testamentary trust. This kind of trust is common when you have minor children and you want to leave your estate to them. Minor children can’t own property, so your estate will be held in trust for them until they turn a certain age. Testamentary trust can also be used for many other purposes, as well.

Talk Like A Lawyer

Personal representative: a general term for the executor or administrator of a dead person’s property

Closing Argument

“Do all the good you can, in all the ways you can, in all the places you can, at all the times you can, to all the people you can, as long as ever you can.” – John Wesley

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Understanding LLPs

2011-03-29T05:04:00.001-05:00

Tuesday’s daily focus: small business/corporate

To wrap up our month-long look at different corporate entities, and comparing some of their features, today let’s look at Limited Liability Partnerships (“LLPs”).

In Illinois, one distinctive characteristic of an LLP is that it is not formed as an LLP at the outset, like the other entities. It is formed initially as a general partnership, and then elects LLP status. Aside from that technicality, operating the LLP is just like a general partnership, except that it adds the benefit that the partners are not liable for the acts of the other partners, and not personally liable for the liabilities of the partnership.

An LLP, therefore, is appropriate for an entity already doing business as a general partnership, but seeks the additional liability protection offered as an LLP. Or, the LLP is appropriate to anyone who would prefer to do business as a general partnership, but wants the liability protection.

Talk Like A Lawyer

Divest: to derive, take away, or withdraw; to sell or otherwise dispose of legal title

Closing Argument

“Keep your eyes on the stars, and your feet on the ground.” – Theodore Roosevelt

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Changes to know about in the Chicago Landlord/Tenant Ordinance

2011-03-28T06:33:00.001-05:00

Monday’s daily focus: residential real estate law

Continuing our discussion of security deposits under the Chicago Residential Landlord and Tenant Ordinance – especially in light of some important changes made to the ordinance earlier this year – let’s talk about paying interest on security deposits.

Landlords must pay interest on security deposits held for more than 6 months. The interest rate is determined on an annual basis by the City of Chicago comptroller. The landlord must pay the interest earned to the tenant (via cash payment or as credit applied toward rent due) within 30 days of the end of each 12 month period.

When a landlord receives a security deposit, he/she must give the tenant a receipt saying:
• The amount of the security deposit
• The name of the person receiving the security deposit (and the name of the landlord, if different)
• The date when the security deposit was received
• The description of the dwelling unit
• The receipt must be signed by the person receiving the security deposit.

A recent change to the ordinance allows a landlord to receive an electronic payment of the security deposit, and allows the landlord to give an electronic receipt for the security deposit.

Talk Like A Lawyer

Latent defect: a hidden structural defect that would not be discovered by ordinary inspection

Closing Argument

“Experience teaches you to recognize a mistake when you’ve made it again.” – Anonymous

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Notice of entry

2011-03-24T05:30:00.000-05:00

Thursday’s daily focus: condo law

Ask The Lawyer

Q: Can a property manager or someone from the board ever come into a unit without the owner’s permission?

A: Yes, but only under certain circumstances. They can enter without notice in the case of an emergency. They can enter with notice for the purpose to inspect for maintenance and repairs, or if the condition of the unit is a nuisance to other owners in violation of the declaration, bylaws, or rules.

Talk Like A Lawyer

Cause of action: the event or state of facts that give rise to a claim for which a party seeks relief from a court

Closing Argument

“Whatever you do, or dream you can do, begin it. Boldness has genius, power, and magic in it.” – Johann Wolfgang von Goethe

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Understanding property powers of attorney

2011-03-23T05:00:00.001-05:00

Wednesday’s daily focus: estates, wills, trusts, and probate law

In continuing our discussion about estate planning options, let’s talk about property powers of attorney.

A property power of attorney (sometimes called a “financial power of attorney”) is a document in which you appoint an agent to take care of your finances on your behalf should you be unable to do so yourself.

An agent is someone you name to take care of your financial decisions on your behalf if you are unable to make your own decisions. You can specify that your agent’s authority begins immediately when you sign the power of attorney, or you can specify that your agent’s authority begins when you are incapacitated and unable to make health care decisions for yourself. The advantage of the former is that your agent will be able to make important decisions for you immediately upon your incapacity (since your agent had the power all along); the disadvantage is that you are trusting your agent to not misrepresent your incapacity and make decisions about your finances without your authorization. You can also specify in your power of attorney what authority you want your agent to have. Or, more accurately, you can specify what limits you want to impose on your agent’s authority.

You should name someone you trust completely, since your agent will be making important decisions on your behalf – someone who shares your values and priorities, and someone who will abide by and honor your wishes. Ideally, you should name someone who lives in the same geographic area as you do, so that they can respond quickly in the event of emergency. Typically people appoint spouses, significant others, close family members, or close friends as agents.

Talk Like A Lawyer

Tenancy by the entirety: the joint ownership of property acquired by husband and wife during marriage. Upon the death of one spouse, the survivor becomes the owner of the property

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Advantages/Disadvantages for organizing your business as an LLC

2011-03-22T08:37:00.001-05:00

Tuesday’s daily focus: small business/corporate

The Limited Liability Company (“LLC” for short) has become a common way to organize a business. LLCs have been legal in Illinois since 1994.

Generally, the concept of an LLC is that they have a mixture of the benefits found in other types of business entities. The LLC has the same tax pass-through benefits of an S Corporation (but does not have the same limitations that an S Corporation has), the flexibility of operating the business like a partnership, but also having the liability protection of a corporation.

At least one very notable disadvantage of LLCs is the higher cost of incorporating and the annual renewals. For the right entities (for instance, separate corporations or LLCs combining with individuals or other corporations or LLCs to form an LLC), the LLC structure is advantageous and worth the additional expense. For many small businesses, however, another corporation – such as an S Corporation – may be perfectly appropriate, just as advantageous, and can be carried out at lower cost.

Talk Like A Lawyer

Counterclaim: a pleading in which a defendant asserts a claim against a plaintiff

Closing Argument

“You have got to have courage. I don’t care how good a man is, if he is timid, his value is limited.” – Theodore Roosevelt

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Changes to the Chicago Landlord/Tenant Ordinance

2011-03-21T10:00:00.001-05:00

Monday’s daily focus: residential real estate law

Recently, the Chicago landlord/tenant ordinance was changed with regard to security deposits. Last week, we discussed some of the fundamental, essential aspects of how landlords need to handle security deposits. This week, we’ll cover some of the recent changes made to the Chicago ordinance with regard to security deposits.

One big change is that landlords are now allowed to take 1 check from a new tenant that covers both the first month’s rent and the security deposit. Previously, landlords had to get two separate checks (or else they ran afoul of the co-mingling prohibition we talked about last week). So, now the law is that a tenant can give 1 check for the total amount of the first month’s rent and the security deposit, which makes it easier for both landlords and tenants. The important thing for the landlord is that he/she must transfer the amount of the security deposit to a segregated account within 5 days. Also, an electronic transfer of funds from the tenant to the landlord can work the same way, in place of a check.

Another change is that the landlord must tell the tenant in writing the name and address of the financial institution where the security deposit is held. If there is a written lease, this must be disclosed in the lease. If there isn’t a written lease, this must be provided to the tenant by the landlord within 14 days after the landlord receives the security deposit. As well, if the landlord changes the financial institution where the security deposit is held, he/she must notify the tenant in writing of the new place, including its name and address.

To summarize, there are key points for both landlords and tenants here: (1) for landlords, the process of dealing with rent checks and security deposits from new tenants is easier and (2) for tenants, you can easily track the whereabouts of your security deposit (which is, after all, your property).

Talk Like A Lawyer

Partition: the division of co-tenants’ interests in real property when the parties do not all voluntarily agree to terminate the co-ownership

Closing Argument

“Courage is the art of being the only one who knows you’re scared to death.” – Harold Wilson

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Grounds for Divorce, Part 2

2011-03-11T05:00:00.001-06:00

Friday’s daily focus: divorce and family law

We’re examining some divorce basics during March. Last week we talked about grounds for a fault-based divorce. This week, we’ll look at no-fault divorce in Illinois.

No-fault divorce is based on irreconcilable differences between the spouses. With irreconcilable differences, neither spouse has to show any wrongdoing on the part of the other; rather, the spouses can come to terms with the fact that the marriage isn’t working, and it allows them to move ahead with their lives as amicably as they can.

In order to qualify for a divorce on the grounds of irreconcilable differences, the spouses must live separate and apart for at least two years. However, this can be waived if they have lived separate and apart for at least six months and sign a stipulation to that end. The court filing must state that irreconcilable differences have caused the breakdown of the marriage, and that efforts at reconciliation have failed and future attempts at reconciliation would be impracticable.

Talk Like A Lawyer

Desertion: the voluntary separation of one spouse from the other, for the statutory period, without justification and with the intent of not returning

Closing Argument

“Need and struggle are what excite and inspire us.” – William Jones

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Right of owners to get notice of meetings and to attend meetings

2011-03-10T05:00:00.001-06:00

Thursday’s daily focus: condo law

During March, we’re covering some common complaints condo owners have and what their rights are. Last week, we discussed the rights condo owners have to know about how the board is spending the association’s money, and the right that owners have to get access to the association’s records. This week, let’s have a look at exactly what notice owners need to get of board meetings, and their rights to participate in those meetings.

For annual meetings of the entire association, written notice must be mailed or delivered to all unit owners no less than 10 days and no more than 30 days before the meeting, and the notice must state the date, time, and place of the meeting.

For meetings of the board of directors, notice of the meeting must be posted in entrances, elevators, or other conspicuous places in the building at least 48 hours before the meeting. The board must have at least 4 open meetings per year. Unit owners are allowed to attend. If minutes are produced, unit owners may ask for a copy. Boards are not legally required to post or distribute minutes, however. Unit owners can record (electronically, video, or digitally) board meetings as long as it is not disruptive. The board may enact rules regarding recording the meetings to prevent disruption, but cannot prohibit recording the meeting.

Talk Like A Lawyer

Fiduciary: a person who manages money or property for another person and in whom that other person has a right to place great trust

Closing Argument

“Goals are dreams we convert to plans and to take action to fulfill.” – Zig Ziglar

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Estate planning tools: living wills and health care powers of attorney

2011-03-09T09:03:00.002-06:00

Wednesday’s daily focus: estates, wills, trusts, and probate law

In our discussion of estate planning tools, where last week we talked about wills, this week let’s turn to living wills and health care powers of attorney.

Let’s start by clarifying some of the terms you may have heard. There are probably three terms we should focus on: (1) advance directive, (2) living will, and (3) health care power of attorney.

Living wills and health care powers of attorney are types of advance directives.

An advance directive is a document you sign while you are healthy and of sound mind that tells your medical providers and/or your family and friends what health care decisions you want to be made for you when you are no longer able to articulate your wishes for yourself. They are called “advance directives” because they are “directives” that you make in “advance” of the time you will need them.

All 50 states have advance directives, but the specifics of living wills and health care powers of attorney vary from state to state.

In Illinois, a living will is a document which notifies your health care providers that you do not want any death-delaying procedures performed on you if you are deemed to have a terminal condition. The living will is effective in those circumstances if you cannot speak or otherwise communicate your wishes. It is important to know that in Illinois, a living will governs only death-delaying procedures when you have a terminal condition; a living will does not deal with any other health care issues – only whether your health care providers should use death-delaying procedures on you if you are terminal.

In Illinois, a health care power of attorney allows you to do any or all of the following: (1) name someone to serve as your agent to make health care decisions for you at any time that you are not able to make decisions for yourself – and this is true whether your condition is life-threatening or not, (2) name an additional person (or people) to serve as your successor agent(s) in case your primary agent cannot or will not serve, (3) dictate what health care procedures or treatment you do not want under any circumstances, (4) dictate whether or not you would like to donate organs, or which organs you may want to donate, (5) dictate what life-sustaining treatment you do or do not want, and (6) dictate who you want to be named as your guardian, should a guardian have to be appointed over you. Basically, a health care power of attorney is a broad and all-encompassing document that will insure that your wishes for your health care – whether your condition is terminal or not even that serious – are carried out when you are not able to articulate your own wishes for yourself. When you are able to articulate your own wishes for yourself, of course, you can do so – but the health care power of attorney protects your interests when and if you are not able to do so.

So, to re-cap, in Illinois the difference between a living will and a health care power of attorney is that a living will deals with the following situation only: whether or not your health care providers should use death-delaying procedures on you if you are in a terminal situation and you cannot express your wishes for yourself. A health care power of attorney, however, deals with a much broader scope of situations (as noted above). You can have both a living will and a health care power of attorney, but they should be consistent. In Illinois, a health care power of attorney trumps a living will if they contradict each other.

Talk Like A Lawyer

Heirs at law: those persons who would have inherited had the decedent died intestate

Closing Argument

“Wisdom is not a product of schooling, but of the lifelong attempt to acquire it.” – Albert Einstein

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Operating as a Close Corporation in Illinois

2011-03-08T05:00:00.000-06:00

Tuesday’s daily focus: small business/corporate

Continuing in our look at forms of business organizations, let's look at close corporations. A close corporation – also called a closely-held corporation – is usually a corporation with only a few shareholders. It is formed in the same way as a typical corporation, except that the articles of incorporation must stipulate that the corporation is operating as a close corporation. In order to qualify as a close corporation, the articles of incorporation must include a restriction on the transfer of shares. In a close corporation, shareholders can operate the corporation directly, without a board of directors. Existing corporations can opt to become close corporations

Some advantages for operating as a close corporation include:

• Shareholders can streamline the operation of the business and operate the corporation directly, without a board of directors, offering more flexibility in operating the business

• Two or more of the shareholders can manage the business of the corporation just as they would a partnership, but have the benefit of protection against liability that a corporation offers

Some disadvantages for operating as a close corporation include:

• A close corporation has restrictions on the transfer of shares – e.g., right of first refusal, or that the corporation must buy back the stock if one of the shareholders wishes to sell, or that a shareholder must get the consent of one of the corporation before transferring stock

• Most of the same flexibility in operating the business is available in the form of a traditional corporation

• Have to affirmatively adopt the method of incorporating as a close corporation, so it commits the corporation to a specific form of doing business

Talk Like A Lawyer

Injunction: an order of a court of equity to do or refrain from doing a particular act

Closing Argument

“If one advances confidently in the direction of his dreams, and endeavors to live the life which he has imagined, he will meet with a success unexpected in common hours.” – Henry David Thoreau.

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Security deposit essentials for landlords and tenants

2011-03-07T06:27:00.001-06:00

Monday’s daily focus: residential real estate law

In landlord/tenant law, one of the most sensitive matters between tenants and landlords is the security deposit. During March, we’re going to take a close look at security deposits, including some recent changes that have been made to the Chicago Residential Landlord and Tenant Ordinance. Today, we’re covering some of the basic requirements that a landlord has to abide by when receiving a security deposit from a tenant:

• At all times, the security deposit – plus the interest that will be due on the security deposit – remain the property of the tenant;

• A landlord must hold security deposits in a federally-insured and interest-bearing account;

• The federally-insured and interest-bearing account can be a bank, a savings and loan, or other financial institution in Illinois;

• The security deposit, and the interest it is drawing, cannot be co-mingled with the landlord’s own money;

• The security deposit cannot be subject to the claims of any creditor of the landlord, including a foreclosing mortgagee or a trustee in bankruptcy.

So, the basics could be summarized as: (1) landlord must keep the deposit in a separate account that can’t be touched by anyone else, including anyone in a bankruptcy proceeding or mortgage foreclosure, (2) the financial institution where the security deposit is held must be federally insured, (3) the account where the security deposit is held must be interest-bearing, and (4) the security deposit must never be mixed in any way with the landlord’s own money, since it is the property of the tenant.

Talk Like A Lawyer

Domicile: a person’s principal place of abode; the place to which, whenever one is absent, one has the present intent of returning

Closing Argument

“Iron rusts from disuse, stagnant water loses its purity, and in cold weather becomes frozen; even so does inaction sap the vigors of the mind.” – Leonardo da Vinci

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Grounds for Divorce, Part 1

2011-03-04T05:01:00.001-06:00

Friday’s daily focus: divorce and family law

This month, we’ll review some of the basics of divorce. Today, we’ll cover some of the legal grounds for divorce. In Illinois, we have, essentially, two general bases for divorce: no-fault and for cause. Next week we’ll talk about no-fault divorce, and this week we’ll talk about divorce for cause. Divorce for cause is the traditional idea of divorce; that divorce would only be allowed if one of the spouses did something “wrong” (and, you’ll see, some of them are truly wrong and others are more like problems that might need treatment). In Illinois, we still allow for cause divorce, and the grounds include:

• Impotence
• One of the spouses is already married at the time of the marriage
• One of the spouses commits adultery
• One of the spouses deserts the marriage for at least one year
• One of the spouses is habitually drunk for at least two years
• One of the spouses has been a drug abuser for at least two years
• One of the spouses attempts to kill the other spouse
• One of the spouses is repeatedly physically or mentally cruel to the other spouse
• One of the spouses is convicted of a felony or other infamous crime
• One of the spouses infects the other with a sexually transmitted disease

Any one of these causes are grounds for a divorce. Again, traditionally, these causes were the only grounds for divorce. Next week we’ll look at a more contemporary – and much more realistic – basis for divorce: irreconcilable differences.

Talk Like A Lawyer

Divided custody: custody in which the child will live with each parent part of the year, the other parent usually having visitation rights but not control of the child during that period

Closing Argument

“You can preach a better sermon with your life than with your lips.” – Oliver Goldsmith

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Right of owners to know about the association's money and records

2011-03-03T05:00:00.001-06:00

Thursday’s daily focus: condo law

Some common issues that arise in condo law deal with the rights of unit owners – against other owners, against the association, and against outside parties (like, for example, a management company). During March, we’re going to look at some common complaints condo owners have and what their rights are.

Today, let’s talk about what rights condo owners have to know about how the board is spending the association’s money, and the right that owners have to get access to the association’s records.

The Budget: the board of directors must prepare a budget for the association each year. The budget has to cover all of the anticipated common expenses and all of the anticipated income for the coming year, and must include the proposed assessments for each unit for the coming year. The board has to distribute a copy of the budget to all of the unit owners 30 days before the board votes on the budget at an open meeting properly called for that purpose.

The Actuals: each year the board of directors must distribute to all unit owners an itemized accounting for the prior year of the revenues collected and the amounts spent, and what the expenses were. The accounting must clearly state whether there was a deficit or a surplus for the year.

Association’s Records: an association is required to keep the following records at its principal office: declaration, bylaws, and rules and regulations; incorporation documents, if the association is incorporated; minutes of all association meetings and board meetings for the past 7 years; insurance policies; all contracts and leases affecting the association or any unit owners; a current list of all names, addresses, and weighted votes of every association member entitled to a vote; ballots and proxies for all matters voted on by association members for the past 12 months; and financial books for the association for the past 10 years.

Right to Records: any owner has the right to see and make copies of the declaration, bylaws, rules and regulations, incorporation documents, minutes of all association meetings and board meetings for the past 7 years, insurance policies at any reasonable time at the association’s principal office; an owner need only provide a written request to the board of directors (or management company or other agent of the board) stating what specific records he or she wants to see and/or copy. The board of directors (or management company or other agent of the board) must make the requested records available within 30 days, or else the association may be liable for reasonable attorney’s fees in a legal action to compel production of the records.

In order to see and/or make copies of contracts and leases affecting the association or any unit owners; a current list of all names, addresses, and weighted votes of every association member entitled to a vote; ballots and proxies for all matters voted on by association members for the past 12 months; and financial books for the association for the past 10 years, the association member must make a written request to the board of directors (or management company or other agent of the board) stating what specific records he or she wants to see and/or copy and state the purpose of the request. Only a proper purpose will allow the association member to see and/or copy these records.

Talk Like A Lawyer

Surety: a person or company that insures or guarantees that another person’s debt will be paid by becoming liable (responsible) for the debt when it is made
Closing Argument

“If I accept you as you are, I will make you worse; however, if I treat you as though you are what you are capable of becoming, I help you to become that.” – Johann Wolfgang von Goethe

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Estate planning tools: Wills

2011-03-02T05:00:00.002-06:00

Wednesday’s daily focus: estates, wills, trusts, and probate law

During March, on Wednesdays (when we focus on estate planning, wills, and probate), we’re going to focus on specific estate planning tools that everyone should know about. Today, we’ll cover wills. Later this month, we’ll discuss trusts, health care powers of attorney, living wills, property powers of attorney, and letters of instruction to your heirs.

So, what is a will, what does it do, why is it necessary?

A will is a document you prepare while you are alive that allows you to specify the following for after you die: (1) who gets what of your money and your belongings and (2) who will be in charge of making sure your money and belongings get to the right people, and to oversee the winding up of your affairs in a smooth, orderly, and careful way.

Bluntly speaking, a will is a document in which a dead person speaks from beyond the grave about what happens with his or her stuff and how his or her stuff is supposed to be handled.

To make a will, you must have “testamentary capacity” – that is, the legal ability needed to make a valid will. In Illinois, you have to be at least 18 years old to make a will, and you have to be of sound mind. That’s testamentary capacity.

Further, for a will to be enforced after you die, you can’t have been under undue influence or any duress (that is, no one threatening you or otherwise influencing your decision making when you’re making the will). Most importantly, you have to properly sign the will and have it properly witnessed. The witnesses must also be competent (just like you are).

You can change or update your will through a codicil. You can also make an entirely new will anytime you want to. If you make a new will, you revoke your earlier will(s). If you do a codicil, you’re merely amending and changing certain provisions of your will, and keeping the rest.

Without a will, you die intestate. This means that your money and belongings will go to your next of kin. Also, the court will have to appoint someone (not necessarily someone you’d have chosen) to oversee your estate.

Talk Like A Lawyer

Irrevocable living trust: a trust that may not be rescinded or changed by the settler at any time during his or her lifetime

Closing Argument

“Do what you can, with what you have, where you are.” – Theodore Roosevelt

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Advantages/Disadvantages for running your business as a corporation

2011-03-01T05:00:00.001-06:00

Tuesday’s daily focus: small business/corporate

During March, we will be taking a closer look at different kinds of business organizations. By “business organization” we mean the way a business can be set up from a legal perspective. Today we’ll cover operating your business as a corporation. In the weeks ahead on Tuesdays (when we focus on small business law), we’ll cover Close Corporations, Professional Service Corporations (P.C.s), Limited Liability Companies (LLCs), and Limited Liability Partnerships (LLPs). Previously, we have covered some other forms of business organizations like general partnerships and sole proprietorships.

A corporation is a legal entity with the power to conduct its business just the same as a person. A corporation is formed through the articles of organization, which is a document that spells out the specific authority of the corporation, how it will operate, and what it will do. The people who have an ownership in a corporation are shareholders; therefore, ownership interests in a corporation are shares of a corporation.

Some advantages for organizing your business as a corporation:
• Shields the personal assets of the shareholders and operators, since the personal and corporate assets and liabilities are distinct (since the corporation is a separate legal entity)
• Provides continuity of the business beyond the lifetime or retirement of the shareholders and operators

Some disadvantages for organizing your business as a corporation:
• Expenses associated with registering the corporation and annual renewal of the corporation with the state
• Must observe formal corporate formalities, such as keeping all of the corporations books separate from those of the shareholders and operators and employees, keep separate bank accounts, hold corporate meetings and maintain records of those meetings
• Income may be taxed twice: once for the corporation and a second time for the shareholders after corporate earnings are distributed (unless the corporation is organized as an S Corporation).

Talk Like A Lawyer

Per stirpes: Latin for “by roots” – describes a method of dividing a decedent’s estate by giving out shares equally by representation or by family groups

Closing Argument

“The successful person will learn from mistakes and try again in another way.” – Dale Carnegie

Do you have a legal question? askthelawyer@yourpersonallawyer.com

When a landlord is allowed to come into an apartment

2011-02-28T05:00:00.001-06:00

Monday’s daily focus: residential real estate law

Under the Chicago Residential Landlord and Tenant Ordinance, a tenant must allow the landlord into the apartment for the following reasons:

-to make necessary repairs

-to provide necessary services

-to conduct inspections required by a governmental agency

-to show the apartment to prospective purchasers, mortgage companies, workmen, or contractors

-show the apartment to prospective tenants 60 or fewer days prior to the end of the tenant’s lease

The landlord must give two days notice, except for emergencies.

Talk Like A Lawyer

Listing agreement: a written employment contract that authorizes the broker to find a buyer or tenant for the owner’s property

Closing Argument

“Our business in life is not to get ahead of others, but to get ahead of ourselves – to break our own records, to outstrip our yesterdays by our today, to do our work with more force than ever before.” — Stewart B. Johnson

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Understanding how to annul a marriage

2011-02-25T05:00:00.001-06:00

Friday’s daily focus: divorce and family law

The legal term for an annulment is “invalidity of marriage.” The main difference between invalidity of marriage and divorce is that invalidity of marriage says that the marriage was never valid – that is, legally and technically, there never was a marriage; divorce, on the other hand, says that the marriage was valid, but it is now terminated.

To qualify for invalidity of marriage, you have to meet one of the following criteria:

-you lacked the capacity to consent to the marriage because of mental incapacity or the influence of drugs or alcohol, or you entered into the marriage by force or duress or by fraud

-you lack the physical capacity to consummate the marriage, and the other party did not know that at the time of the marriage

-you were 16 or 17 years old and did not have parental or judicial consent to the marriage

-the marriage was otherwise prohibited by law

Any children born of a marriage that is later declared to be invalid are the legal children of both parents.

Talk Like A Lawyer

Burden of proof: the duty of proving a fact

Closing Argument

“It is the mark of a good action that it appears inevitable in retrospect.” — Robert Louis Stevenson

Do you have a legal question? askthelawyer@yourpersonallawyer.com

The correct way for a condo association to hire professional services

2011-02-24T05:00:00.000-06:00

Thursday’s daily focus: condo law

Condo associations sometimes need to hire services from a maintenance company, a management company, legal counsel, or any other service providers. The decision to engage the services of a professional is the responsibility of the board of directors. Likewise, the decision to terminate the services of a professional is the board’s responsibility. All of the terms of the professional engagement – the costs, the scope of the services, etc. – is for the board to decide. If unit owners are unhappy with the board’s decisions in this regard, the solution is to elect new directors at the next annual meeting.

Talk Like A Lawyer

Fiduciary: the relationship in which the agent is held in a position of special trust and confidence by the principal

Closing Argument

“Your living is determined not so much by what life brings to you as by the attitude you bring to life; not so much by what happens to you as by the way your mind looks at what happens. Circumstances and situations do color life but you have been given the mind to choose what the color shall be.” — John Homer Miller

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Your estate without a will

2011-02-23T05:00:00.001-06:00

Wednesday’s daily focus: estates, wills, trusts, and probate law

People often wonder what will happen to their belongings if they die without a will. Basically, the answer is simple: it will all go to your next of kin. Illinois law spells out the specific people who will stand to inherit your estate if you don’t have a will. For instance, if you have a surviving spouse and a child or children: half of your estate goes to your spouse and half goes to your child/children. If you have a surviving spouse but no children, then everything goes to your spouse. If you have no surviving spouse (meaning, that you were not married, were divorced, or were widowed), but you have a child/children, then everything goes to your children equally.

The law actually specifies beyond this as well – contemplating every situation from having grandchildren, but no surviving children to not having any children, but having nieces and nephews. Ultimately, if there is no next of kin at all, your estate will go to the county government.

There’s some good news and some bad news in all of this. The good news is that your estate will go to your family (many people mistakenly believe that their estate will automatically go to the state if they die without a will). The bad news is that your estate will go to your nearest relatives, whether you’d like them to have it or not; also, you wouldn’t be able to give any extra to anyone based on their need or leave anything to charity or an important cause.

Of course, the law allows you to do a will. In your will, you are not obligated to leave your estate to your family – in fact, you can do anything you want with your estate in your will (as long as it’s legal).

Talk Like A Lawyer

Declaration of trust: a written declaration by a settler that he or she is holding legal title to property as trustee for the benefit of another person

Closing Argument

“If you have something to do that is worthwhile doing, don’t talk about it, but do it. After you have done it, your friends and enemies will talk about it.” — George W. Blount

Do you have a legal question? askthelawyer@yourpersonallawyer.com

The role of a registered agent

2011-02-22T05:00:00.001-06:00

Tuesday’s daily focus: small business/corporate

A corporation is a separate legal entity, just like a person is a separate legal entity. For example, you can sue and be sued; likewise, a corporation can sue and be sued. You can buy and sell property; likewise, a corporation can buy and sell property.

Although the corporation is treated as a person legally, it obviously isn’t a person in reality.

Therefore, a corporation must have a registered agent. The basic purpose of the registered agent is to be the person who receives notice on behalf of the corporation. The registered agent must be located in the state – it can be at the corporation’s place of business, but it doesn’t have to be. At the time that the corporation is formed, you must identify who the registered agent is going to be. At any time after that, you can change the registered agent, as well. But, the corporation must maintain a registered agent at all times.

Talk Like A Lawyer

Principal: the individual who hires the agent and delegates the responsibility of representing the principal’s interests

Closing Argument

“He who can take advice is sometimes superior to him who can give it.” — Karl Ludwig von Knebel

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Understanding when a landlord must pay interest on a tenant's security deposit

2011-02-21T05:00:00.001-06:00

Monday’s daily focus: residential real estate law

Does a landlord have to pay interest on my security deposit? The answer is: sometimes under Illinois law, and always under the Chicago Residential Landlord and Tenant Ordinance.

Under Illinois Law:

The Security Deposit Interest Act requires a landlord to pay interest on security deposits if:

-The property containing 25 or more residential units (whether in one single building or an apartment complex with more than one building on contiguous parcels of land)

-The security deposit is held by the landlord for more than six months.

The landlord must pay the interest earned to the tenant (via cash payment or as credit applied toward rent due) within 30 days of the end of each 12 month period, unless the tenant is in default under the lease. A landlord who does not follow these requirements may be liable for twice the amount of the security deposit, plus any court costs and reasonable attorney’s fees. Note: if there are less than 25 residential units in the building/apartment complex, this statute does not apply.

Under the Chicago Residential Landlord and Tenant Ordinance:

Landlords must pay interest on security deposits held for more than 6 months. The interest rate is determined on an annual basis by the City of Chicago comptroller. Landlords must keep security deposits in a federally insured, interest-bearing account separate from the landlord’s account(s). The landlord must pay the interest earned to the tenant (via cash payment or as credit applied toward rent due) within 30 days of the end of each 12 month period.

Under the Evanston Residential Landlord and Tenant Ordinance: same as under the Chicago Residential Landlord and Tenant Ordinance.

Talk Like A Lawyer

Agent: the individual who is authorized and consents to represent the interests of another person

Closing Argument

“It is not the ship so much as the skillful sailing that assures the prosperous voyage.” — George William Curtis

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Filling a vacancy on a condominium board of directors

2011-02-10T07:49:00.002-06:00

Thursday’s daily focus: condo law

Property management isn’t easy. Any homeowner can tell you that. It’s hard work, worry, and expense. But, it’s your home. It’s worth it!

When it comes to your home, you’ll take the time, the money, and the hassle. Why? Because it’s your home. It’s more than a roof over your head. It’s your domain.

So, your work on your home is results oriented. The result you want is to have a home that brings you happiness and comfort, safety and security.

In today’s “Ask The Lawyer” section, I talk about condo board governance. Talk about work, worry, and expense in home ownership – condo associations can be all of that, and then some. Good associations have good boards and good management. There are many good associations. There are, unfortunately, some bad associations, and associations slouching toward being bad. The aim of this blog every Thursday is to help condo associations work better by knowing how things work legally, what their best options are, and what the best practices are.

Ask The Lawyer

Q: What happens if there is a vacancy on the board of directors?

A: The board of directors may elect a replacement for any vacancy, and that replacement will serve until the next annual meeting (not for the balance of the vacated term). 20% of the unit owners can also call a meeting to fill a vacancy, and if a replacement is elected, that replacement will serve for the balance of the vacated term (not just until the next annual meeting). All of this being said, however, there is no requirement that a vacancy on the board must be filled. If there is a vacancy – or even more than one vacancy – the board can continue to operate as long as it can get a quorum, and that quorum continues to be a majority of the number of directors when there is no vacancy.

Talk Like A Lawyer

Injunction: a court order forbidding a party from a particular activity; an equitable remedy

Closing Argument

“The difference between getting somewhere and nowhere is the courage to make an early start. The fellow who sits still and does just what he is told will never do big things.” — Charles M. Schwab

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Updating your will and your other estate papers

2011-02-09T07:51:00.001-06:00

Wednesday’s daily focus: estates, wills, trusts, and probate law

“Form follows function.” Maybe you’ve heard of that saying. It comes from architecture, and the idea behind it is that the shape of the building should be based on the building’s purpose.

Interesting concept. It takes some forward thinking. You have to think ahead to what the purpose is going to be, how it will be used, and how it will work before you start planning where to start. Once you plan ahead for the outcome, you can begin planning where to start.

Sounds easy, maybe. Or, maybe it doesn’t. Well, it isn’t easy. Apply that same thinking to everyday situations. How often do we go into a situation with only a vague idea of how it’s going to turn out? More often than we should, once we stop and think about it.

In the area of estate planning, the principle of “form follows function” is especially relevant. Many, many clients have come to me with all kinds of ideas of what kind of estate planning they want. Often (maybe too often) clients haven’t thought about who they want to get items from their estate, or who they want to make medical decisions for them. I tell clients that we can (and we will) customize their estate planning documents to their needs. Form follows function.

It’s a simple as this: craft a strategy based on the outcome you want.

Ask The Lawyer

Q: When do I need to update my will, powers of attorney, trust, etc.?

A: Once you have your estate plan in place (your will, a living trust (if applicable), a health care power of attorney, a property power of attorney, a living will (if applicable), etc.), it is a good idea to think about keeping the documents up to date whenever you have a major change in your life. These documents don’t expire. However, the specific provisions that you have included in the documents may become dated or irrelevant as changes happen in your life. You should think about whether your estate plan is current if you acquire more money, your marital status changes, you have children, your primary beneficiaries pass away or have significant changes in their lives, you move to a different state, or you simply change your mind about some aspect of how you want your estate to be handled after you die. So, think about updating your estate plan whenever a major change happens in your life. Over all, though, it might be best to at least think about your estate plan every five years – think about what documents you have in your estate plan and whether your estate plan still meets all of your needs to your satisfaction.

Talk Like A Lawyer

Testator/Testatrix: a person who makes a will (testatrix is a female who makes a will)

Closing Argument

“Only the bold get to the top.” — Publilius Syrus

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Registering a foreign corporation in Illinois

2011-02-08T05:12:00.002-06:00

Tuesday’s daily focus: small business/corporate

You want to be healthy, right? So, maybe you try to eat right (or eat better, or maybe eat less). You try to get some exercise. You try to go to the doctor when you need to and to get a check-up.

The same thinking should go for your legal and financial planning. It isn’t the most fun thing in the world, I realize. But, one of my chief aims in writing this is to help people do a self-assessment of their affairs and what legal needs they might have and how they can get “legally healthy.” To plan ahead, to take good care of themselves and their families, and to make smart decisions that will pay off.

Ask The Lawyer

Q: Can a corporation that isn’t registered in Illinois do business in Illinois?

A: Yes. To clarify, anyone can set up a corporation in Illinois to do business. That business becomes an Illinois corporation. The same (or similar) process exists for all 50 states. So, a corporation that is set up in, say, Kansas, can do business in Illinois or in any state. A corporation formed in another state but doing business in Illinois is referred to as a “foreign corporation.” To do business in Illinois, the foreign corporation has to register with the Illinois Secretary of State. This is appropriate for a foreign corporation who wants to set up an office in Illinois or conduct business in Illinois on a regular basis.

Talk Like A Lawyer

Subpoena: an order commanding a person to appear and testify in a legal action

Closing Argument

“You can’t fly a kite unless you go against the wind and have a weight to keep it from turning somersault. The same with man. No man will succeed unless he is ready to face and overcome difficulties and is prepared to assume responsibilities.” — William J. H. Boetcker

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Chicago's landlord/tenant ordinance

2011-02-07T08:05:00.001-06:00

Monday’s daily focus: residential real estate law

Set your course.

You plan your day. You plan your meetings. You prioritize your “to do” list. You get things done by planning ahead.

From a legal perspective, setting your course means knowing the consequences of your actions. One of the reasons I write this blog is to help people set their course – that is, to help them plan ahead and understand how things work.

In today’s “Ask The Lawyer” section, I talk about Chicago’s landlord/tenant ordinance – formally known as the Chicago Residential Landlord and Tenant Ordinance, or CRLTO for short. It’s a complicated set of rules and regulations that affect both landlords and tenants. It’s important for both landlords and tenants to understand it, because it governs some pretty fundamental aspects of being a tenant and being a landlord.

So, that’s a specific and concrete example of how I try to help people set their course – in this case, to help landlords and tenants set their course. The goal is to do just that with all aspects of real estate matters, condo matters, small business matters, divorce and family law matters, estate planning matters and probate matters.

Ask The Lawyer

Q: What is the Chicago Residential Landlord and Tenant Ordinance and when does it apply?

A: The Chicago Residential Landlord and Tenant Ordinance (“Chicago RLTO”) is an often-discussed and sometimes misunderstood ordinance that gives a number of important rights and obligations for tenants and landlords. The Chicago RLTO applies to all rental units in Chicago, except: (1) units in an owner-occupied building with six or fewer units, (2) units in motels, hotels, and rooming houses, unless the occupant is renting the unit on a month-to-month basis and has occupied the unit for more than 32 days, (3) school dorms, (4) shelters, (5) employee housing, (6) nonresidential rental units, and (7) co-ops. Recap: to determine whether or not the Chicago RLTO applies, ask: (1) is the unit in Chicago? (if “yes” then continue; if “no” then the ordinance does not apply) (2) is the unit residential – that is, do you or do people live there? (if “yes” then continue; if “no” then the ordinance does not apply) (3) does the owner of the building live in a unit in the building? (if “yes” then go to question #4 below; if “no” then the ordinance does apply, as long as the unit is not in a shelter, employee housing, co-op, or in a hotel/motel/rooming house {unless you’ve lived there for more than 32 days and you’re occupying the unit on a month-to-month basis}) (4) does the landlord occupied building have more than six units? (if it has more than six units, the ordinance applies, whether the building is landlord occupied or not; if the building has six or fewer units, the ordinance does not apply.)

A copy of the summary of the Chicago RLTO must be attached to all leases for residential units in Chicago falling under the jurisdiction of the Chicago RLTO. Even if the lease is oral and not written, the landlord must nevertheless give the tenant the summary of the Chicago RLTO if the unit falls under its jurisdiction.

Besides the RLTO, Chicago has a Fair Housing Ordinance which prohibits discrimination in housing on the basis of race, color, sex, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, or source of income. The Chicago Fair Housing Ordinance applies to all landlords, regardless of whether or not the unit falls under the jurisdiction of the Chicago RLTO.

Talk Like A Lawyer

Notary public: a person authorized to administer oaths, attest to and certify documents, take acknowledgements, and perform other official acts

Closing Argument

“The world belongs to those who think and act with it, who keep a finger on its pulse.” — William Ralph Inge

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Getting married in Illinois

2011-02-04T05:00:00.001-06:00

Friday’s daily focus: divorce and family law

Earlier this week, Gov. Quinn signed into law an historic achievement. Beginning June 1, 2011 both same sex and opposite sex couples will be able to enter into civil unions in Illinois. We will be reviewing the particular provisions of what civil unions will hold in coming weeks. However, in today’s “Ask The Lawyer” section, we address the basics of who can get married in Illinois. In the coming weeks, we’ll explore in greater detail what the rights associated with marriage – and civil unions, as they go into effect on June 1 – are.

Ask The Lawyer

Q: Who can get married in Illinois?

A: In Illinois, a man and a woman can get married if: (1) they complete an application for a marriage license and pay the required fee, (2) they are both at least 18 years old (can be 16 or 17 years old, but must have parental approval or judicial approval), (3) neither the man nor the woman is already married, (4) the man and the woman are not related any closer than second cousins (except that first cousins can get married if both are over the age of 50 or one of the parties is sterile).

Talk Like A Lawyer

Collusion: an agreement between a husband and wife that one of them will commit a marital offense so that the other may obtain a divorce

Closing Argument

“Nothing worthwhile ever happens quickly and easily. You achieve only as you are determined to achieve – and as you keep at it until you have achieved.” – Robert H. Lauer

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Proxy voting for condo associations

2011-02-03T08:29:00.001-06:00

Thursday’s daily focus: condo law

Ask The Lawyer

Q: How does proxy voting at association meetings work?

A: If the board issues a proxy, it has to include a space for owners to select a proxy holder and spaces for write-in candidates. If the board does not enact a rule that only the board’s proxy is valid, then owners may use their own proxies. A proxy needs to be dated and signed.

Talk Like A Lawyer

Appearance: the coming into court as a party to a lawsuit

Closing Argument

“When you counsel someone, you should appear to be reminding him of something he had forgotten, not of the light he was unable to see.” — Baltasar Gracian

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Important preparation: have your health care power of attorney!

2011-02-02T05:00:00.001-06:00

Wednesday’s daily focus: estates, wills, trusts, and probate law

Preparation, preparation, preparation.

That’s the formula for success. No matter what you’re doing, how good you are at it, or what anyone else is doing, keep preparing. That’s how we strive to do business, and how our clients strive to do business.

Preparation is also important for us individually. In today’s “Ask The Lawyer” section, we discuss health care powers of attorney. The key importance of health care powers of attorney is to be prepared in case of an emergency. Failure to prepare for a health emergency by having a health care power of attorney means that you may not have your health care wishes honored, and they may not be made by people you want to make decisions on your behalf. However, the other side of the coin is that with some simple preparation, you can have all of your priorities safeguarded!

Ask The Lawyer

Q: What is a health care power of attorney?

A: A health care power of attorney allows you to do any or all of the following: (1) name someone to serve as your agent to make health care decisions for you at any time that you are not able to make decisions for yourself – and this is true whether your condition is life-threatening or not, (2) name an additional person (or people) to serve as your successor agent(s) in case your primary agent cannot or will not serve, (3) dictate what health care procedures or treatment you do not want under any circumstances, (4) dictate whether or not you would like to donate organs, or which organs you may want to donate, (5) dictate what life-sustaining treatment you do or do not want, and (6) dictate who you want to be named as your guardian, should a guardian have to be appointed over you. Basically, a health care power of attorney is a broad and all-encompassing document that will insure that your wishes for your health care – whether your condition is terminal or not even that serious – are carried out when you are not able to articulate your own wishes for yourself. When you are able to articulate your own wishes for yourself, of course, you can do so – but the health care power of attorney protects your interests when and if you are not able to do so. Sometimes the name for a health care power of attorney will be shortened to “health care POA” or “POA for health care” (“POA” being short for “power of attorney”).

Talk Like A Lawyer

Heir: a person who inherits property

Closing Argument

“Use your gifts faithfully, and they shall be enlarged; practice what you know, and you shall attain to higher knowledge.” – Matthew Arnold

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Forming a corporation

2011-02-01T05:00:00.002-06:00

Tuesday’s daily focus: small business/corporate

Get started on sound footing. Or, put another way, get off to a good start.

That’s good advice in general. It’s especially good advice when starting a business. In today’s “Ask The Lawyer” section, we discuss some of the basic fundamentals of starting a corporation. In the coming weeks on Tuesday (when we focus on small business and corporate matters), we’ll talk more about your options when deciding what kind of corporate entity is right for you and the advantages of one kind of entity over another.

New businesses represent hope and aspirations. They represent promise. We want to grow along with our clients who are starting and operating small businesses. That, to us, is getting off on sound footing!

Ask The Lawyer

Q: How do I form a corporation?

A: First, you file articles of incorporation with the Secretary of State. The Articles of Incorporation are signed by the initial board of directors or by the person(s) forming the corporation (called “incorporator(s)”). A corporation can be organized for any lawful purpose. That means that someone forming a corporation does not need to specify exactly what kind of business the corporation is going to be doing (except banking and insurance). A corporation’s name has to include the words “corporation” or “company” or “incorporated” or “limited” or an abbreviation of any of those words. The name can’t imply that the corporation does business as a bank or insurance company. Also, the name must be distinguishable from other corporations. Once you have registered your corporation with the Secretary of State, the corporation has to file an annual report each year. The annual report gives the names and addresses of the president, vice president, secretary and treasurer, and the number of shares the corporation has.

Talk Like A Lawyer

Fraud: the intentional misrepresentation of a material fact in such a way as to harm or take advantage of another person

Closing Argument

“Whether you think you can or think you can’t, you’re right.” – Henry Ford

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Understanding the Chicago Residential Landlord & Tenant Ordinance

2011-01-31T05:00:00.003-06:00

Monday’s daily focus: residential real estate law

Last week, I was talking here about how attorneys have to work hard to keep the loyalty of their clients – providing good customer service and meeting their expectations.

How does an attorney know when he/she has done this?

When the client calls back with another case. Or, when another client calls back and says “[your client] referred you.” That’s the proof!

What a sense of reward! It’s good business, and it’s good personally. Your work is of value. What you do is of value.

Potential clients have their choice of attorneys – attorneys aren’t scarce. To get the reward of a new case from an existing client, or a referral from a client – that’s the proof that you’re helping the client. Your client is doing well because of you, and you’re doing well because of your client.

Ask The Lawyer

Q: What is the Chicago Residential Landlord and Tenant Ordinance and when does it apply?

A: The Chicago Residential Landlord and Tenant Ordinance (“Chicago RLTO”) is an often-discussed and sometimes misunderstood ordinance that gives a number of important rights and obligations for tenants and landlords. The Chicago RLTO applies to all rental units in Chicago, except: (1) units in an owner-occupied building with six or fewer units, (2) units in motels, hotels, and rooming houses, unless the occupant is renting the unit on a month-to-month basis and has occupied the unit for more than 32 days, (3) school dorms, (4) shelters, (5) employee housing, (6) non-residential rental units, and (7) co-ops. Recap: to determine whether or not the Chicago RLTO applies, ask: (1) is the unit in Chicago? (if “yes” then continue; if “no” then the ordinance does not apply) (2) is the unit residential – that is, do you or do people live there? (if “yes” then continue; if “no” then the ordinance does not apply) (3) does the owner of the building live in a unit in the building? (if “yes” then go to question #4 below; if “no” then the ordinance does apply, as long as the unit is not in a shelter, employee housing, co-op, or in a hotel/motel/rooming house {unless you’ve lived there for more than 32 days and you’re occupying the unit on a month-to-month basis}) (4) does the landlord occupied building have more than six units? (if it has more than six units, the ordinance applies, whether the building is landlord occupied or not; if the building has six or fewer units, the ordinance does not apply.)

A copy of the summary of the Chicago RLTO must be attached to all leases for residential units in Chicago falling under the jurisdiction of the Chicago RLTO. Even if the lease is oral and not written, the landlord must nevertheless give the tenant the summary of the Chicago RLTO if the unit falls under its jurisdiction.

Besides the RLTO, Chicago has a Fair Housing Ordinance which prohibits discrimination in housing on the basis of race, color, sex, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, or source of income. The Chicago Fair Housing Ordinance applies to all landlords, regardless of whether or not the unit falls under the jurisdiction of the Chicago RLTO.

Talk Like A Lawyer

Quiet enjoyment: the right of a tenant to possess the rented property and to be undisturbed in his or her possession of the property

Closing Argument

“The secret of success is the consistency to pursue.” — Harry F. Banks

Do you have a legal question? askthelawyer@yourpersonallawyer.com

What is alimony?

2011-01-28T05:00:00.001-06:00

Friday’s daily focus: divorce and family law

How many attorneys are there in Chicago? In Cook County? In the State of Illinois?

I don’t know – I could look it up, but I know it’s a lot. Maybe too many.

There are enough to serve all of the potential clients out there. Put it this way: if you show up in court without an attorney and say “I couldn’t find an attorney” you’ll be laughed out of court. Well, not out of court, but you’ll be laughed at. There’s more than enough lawyers. Again, maybe too many.

How can an attorney compete or set himself/herself apart from the pack? There are a lot of ways – but, it begins with the basics: good customer service, good communication, and good advice. It builds from there: meeting the client’s expectations, working hard on the case, and getting a good result for the client.

With all of those attorneys out there, you can bet a lot of them are working very hard at mastering these techniques. Or, they have mastered these techniques and they’re improving even beyond that.

The point is that, for me – for all attorneys: keep clients loyal; work hard for them; treat them well. If you don’t, there are other good lawyers who will.

Ask The Lawyer

Q: What is alimony?

A: Alimony is money paid from one spouse to another after a divorce. Intended to support the former spouse, alimony can be either temporary (for a limited duration) or permanent. In Illinois, alimony is commonly called maintenance.

Talk Like A Lawyer

Child support: the legal obligations of parents to contribute to the economic maintenance and education of their children

Closing Argument

“‘I can’t do it’ never yet accomplished anything; ‘I will try’ has performed wonders.” — George P. Burnham

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Condos, Condo Associations, and Insurance

2011-01-27T05:00:00.001-06:00

Thursday’s daily focus: condo law

How often do we do something good, but don’t get credit? Maybe nobody noticed. Maybe nobody was there to see it.

But, how cool is it when we’re just doing our job and someone praises it to the rafters? We didn’t think we were doing anything special, but it turns out it was special to them.

That’s getting caught in the act of succeeding. To you, it’s just doing your job. To them, it makes a big difference.

An attorney who returns a call, who checks in with the client, who lets the client know what’s going on. That’s all part of an attorney doing his/her job. But, maybe, to the client it makes a big difference. That’s getting caught in the act of succeeding.

Ask The Lawyer

Q: Do unit owners have to have home owners insurance? Does the association have to have insurance? What insurance covers what?

A: There are several kinds of insurance that come into play with condo associations.
Unit owners should have insurance for the interior of their unit. An association can require unit owners to have insurance for their units. The association should have insurance for the common areas of the building. The association’s insurance policy should cover the limited common elements, too, unless the board votes to not include the limited common elements from the policy. Sorting out what insurance covers damage depends on the source of the damage – regardless of the fact that damage may be in common areas and a unit or more than one unit. If the source of the damage comes from a unit, then that unit owner is liable (whether the owner is negligent or not), and that owner’s insurance should cover the damage. If, however, the source of the damage comes from a common element, then the association’s policy should cover the damage.

Talk Like A Lawyer

Stipulation: an agreement between the parties to an action regulating any matter relative to the proceedings

Closing Argument

“No one is useless in this world who lightens the burden of another.” — Charles Dickens

Do you have a legal question? askthelawyer@yourpersonallawyer.com

What if you don't have a will?

2011-01-26T05:00:00.002-06:00

Wednesday’s daily focus: estates, wills, trusts, and probate law

The job of a lawyer is to make things happen for the client.

While no lawyer can guarantee a certain outcome for the client in every case, the client should be satisfied with the outcome as the best possible under the circumstances of the case. Just as important, the client should always be 100% satisfied with the process of how the matter is handled.

Achieving the best possible result for the client depends on candor and trust from the client, and diligence and ingenuity from the attorney. Attaining a 100% satisfaction rate from a client in the process of how his or her matter is handled requires constant communication to the client, outlining the client’s options at every juncture, and following through to carry out the client’s priorities.

An attorney’s job is to strive to create this kind of attorney-client relationship.

Ask The Lawyer

Q: What happens if I don’t have a will?

A: Your estate will be distributed to your next of kin. The Illinois Probate Act specifies who your next of kin will be depending on your circumstances – marital status, children, etc. – this is “intestate distribution.” The person who administers your estate in court will have to post bond, and that expense will be paid by your estate – this is an expense that is easily waived by a will. The court will appoint the person who will administer your estate based on who asks the court for permission to do so, and the court may or may not appoint a person you would have wanted to do that job. The person administering your estate will have no discretion whatsoever in how to distribute your estate, because the Illinois Probate Act dictates that your estate will go to your next of kin in specific proportions – therefore, any specific distribution of your estate or specific goals you may have will not be honored. For some people – for some estates, and under some circumstances – intestate distribution is not very different from how the estate may have been distributed had you made a will, but the expense of posting bond for administering your estate would have been avoided. In most situations, however, intestate distribution is different from how you would have distributed your estate in a will – sometimes very different. If you have minor children, the court will decide who the guardian is going to be, whereas you can pick the guardian in your will; if you don’t have a will, the court may or may not pick the person you would have picked had you made a will.

Talk Like A Lawyer

Living will: an advance directive by which you authorize your possible future removal from an artificial life support system

Closing Argument

“Be methodical if you would succeed in business, or in anything. Have a work for every moment, and mind the moment’s work.” — William Matthews

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Corporations & Dividends

2011-01-25T05:00:00.002-06:00

Tuesday’s daily focus: small business/corporate

I often emphasize the point that it’s important for the attorney and the client to set clear expectations about a case at the very beginning. Then, they should communicate early and often, and reassess the expectations throughout the case.

A starting point is for the attorney to clearly understand what the client’s objectives are at the outset. Maybe the client has a misunderstanding about what’s possible. Maybe the client needs to know what’s possible. Regardless, the initial objectives may change as the case continues.

Touching in with each other on a regular basis on the progress of the objectives allows both the client and the attorney the chance to gauge success and to set new or additional objectives, and even to alter course, if that’s necessary.

That, again, is all about good communication.

Ask The Lawyer

Q: What are dividends?

A: Dividends are profits distributed to the stockholders of a corporation.

Talk Like A Lawyer

Corporation: an entity or organization, created by operation of law, whose rights of doing business are essentially the same as those of an individual.

Closing Argument

“It is good to dream, but it is better to dream and work. Faith is mighty, but action with faith is mightier. Desiring is helpful, but work and desire are invincible.” — Thomas Robert Gains

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Earnest money in a real estate deal

2011-01-24T05:00:00.001-06:00

Monday’s daily focus: residential real estate law

Having a driver’s license is a privilege. It can be revoked if you use it irresponsibly or break the law. We don’t have an inalienable right to a driver’s license.

Same goes for a license to practice law. Attorneys have to earn the license, and have to work to maintain the license. It’s a privilege.

Having the law license is a reminder to all attorneys that they hold the license as a public trust. We are responsible for using the license for the good of society, and to conduct ourselves accordingly.

Ask The Lawyer

Q: In a real estate deal, what is earnest money and what’s the purpose of it?

A: Earnest money is a down payment. Typically, you will be required to pay a certain amount of earnest money when you submit your offer to the seller – or else, it will be due when the seller accepts. In some transactions that is all of the earnest money you will pay. However, it’s also quite common to pay additional earnest money (sometimes called “increasing” the earnest money) once the attorney review period ends. Paying earnest money is a way for the seller to know that the buyer is “earnest” about going through with the deal. Often, earnest money is used, as a practical matter, to pay the realtor’s commissions. Also, the amount of earnest money you can pay will affect your mortgage and how much you have to pay at closing – if you cannot pay 20% of the purchase price with your own cash (whether as earnest money or at closing), your mortgage company will require you to get private mortgage insurance (“pmi”), which will increase the amount of money you will borrow.

Talk Like A Lawyer

Restrictive covenants: limitations on the use of real property

Closing Argument

“If one advances confidently in the direction of his dreams, and endeavors to live the life which he has imagined, he will meet with a success unexpected in common hours.” — Henry David Thoreau

Do you have a legal question? askthelawyer@yourpersonallawyer.com

What is an an annulment?

2011-01-21T05:00:00.001-06:00

Friday’s daily focus: divorce and family law

What do clients love about their attorneys? Lots of nice things. But, what are some of the main complaints clients have about their attorney? Their attorney doesn’t tell them what’s going on; they don’t understand what’s happening in the case or what the attorney is trying to do; that their attorney charges too much. For starters.

How can an attorney solve these? By communicating. Being frank and candid about the fees. Being frank and candid about the strategy for the case and the reasons behind the strategy. Being frank and candid about what’s happening and what’s coming next in the case.

If a client is already happy with his/her attorney, how can the attorney make the relationship even better? By communicating even better. Seriously. Clients love knowing what’s going on, what they’re paying for, and what’s going to happen. Plus, the attorney can bask in the love. It’s a win-win.

Ask The Lawyer

Q: What is an annulment?

A: An annulment is a judicial declaration that no valid marriage ever existed. So, it ends a marriage. It’s unlike a divorce, because a divorce says that there was a marriage, and it’s over. An annulment says that there never was a valid marriage in the first place.

Talk Like A Lawyer

Annulment: a judicial declaration that no valid marriage ever existed.

Closing Argument

“Nothing worthwhile ever happens quickly and easily. You achieve only as you are determined to achieve – and as you keep at it until you have achieved.” – Robert H. Lauer

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Can a condo association's board have closed meetings?

2011-01-20T05:00:00.002-06:00

Thursday’s daily focus: condo law

If a client has a question, do they care when their attorney gets around to answering it?

They usually do. Usually they prefer that the question get answered right away. Maybe it’s an emergency, may it isn’t. Having to wait a few days or a week won’t do, though.

Good communication means being responsive. So, being timely. Good communication is also about substance. That means telling the client what he/she needs to hear, not just what he/she wants to hear. So, being frank and candid.

Good communication with clients is a foundation for a successful attorney/client relationship – for both the attorney and the client!

Ask The Lawyer

Q: Can the board of directors have closed meetings?

A: All board meetings where the board will be voting on matters must be open to unit owners, and they must also get proper notice of the meeting. The board, however, can conduct certain business in a closed meeting (for example, personnel matters, fines against specific unit owners, among other things). Of course, a quorum of the board may opt to meet up – or even meet up by chance (in the mail room on their way home from work, for instance) – and end up discussing association business, and this is perfectly proper as long as they do not take any votes and enact any rules or policy. In fact, any group of unit owners can meet and discuss association business to their heart’s content.

Talk Like A Lawyer

Deposition: the testimony of a witness, given under oath but not in open court, and later reduced to writing

Closing Argument

“If I accept you as you are, I will make you worse; however, if I treat you as though you are what you are capable of becoming, I help you to become that.” – Johann Wolfgang von Goethe

Do you have a legal question? askthelawyer@yourpersonallawyer.com

What is a living will?

2011-01-19T05:00:00.001-06:00

Wednesday’s daily focus: estates, wills, trusts, and probate law

Attorneys must serve the best interests of clients with competence, efficiency, honesty, and fairness. As I was saying yesterday, it goes beyond mere competence. It goes to being worthy of the client’s trust.

How do you show that you’re worthy of the client’s trust? By working efficiently, by communicating openly and frankly, and by dealing honestly and fairness.

That’s what clients should expect from their attorney, and what attorneys should give to their clients.

Ask The Lawyer

Q: What is a living will?

A: A living will is a document which notifies your health care providers that you do not want any death-delaying procedures performed on you if you are deemed to have a terminal condition. The living will is effective in those circumstances if you cannot speak or otherwise communicate your wishes. It is important to know that in Illinois, a living will governs only death-delaying procedures when you have a terminal condition; a living will does not deal with any other health care issues – only whether your health care providers should use death-delaying procedures on you if you are terminal.

Talk Like A Lawyer

Advance directive: a document that specifies one’s health care decisions and who will make decisions if one cannot make one’s own

Closing Argument

“Undertake something that is difficult; it will do you good. Unless you try to do something beyond what you have already mastered, you will never grow.” – Ronald E. Osborn

Do you have a legal question? askthelawyer@yourpersonallawyer.com

What is an S Corporation?

2011-01-18T05:00:00.002-06:00

Tuesday’s daily focus: small business/corporate

The practice of law is a public trust.

Why are some professionals licensed? Why does an attorney have to be licensed? It’s a consumer protection. We have set it up that attorneys (and other professionals) have to be licensed so that consumers know that that attorney (or professional) has passed the minimum competency.

A license doesn’t say you’re the best – it just says that you’re competent enough.

So, a license is just the beginning. As an attorney, you’re helping to solve a client’s problems, whatever kind of case it is. If the attorney messes up, the client suffers; the more serious the matter, the greater the suffering. If your auto mechanic screws up your car, you can’t get places – plus, a new car is expensive. If your attorney neglects your case, messes up your case, or botches his/her relationship with the client, the client is left holding the bag.

Thus, the practice of law is a public trust. Mere competence is not enough. It’s about being worthy of the trust placed in us. As an attorney, my goal is to be worthy of the public’s trust.

Ask The Lawyer

Q: What is an S Corporation? What advantages/disadvantages does it have?

A: An S corporation is a corporation governed by Subchapter S of the Internal Revenue Code. The corporation’s income is not taxed; instead, the corporation’s income goes directly to the shareholders, and is taxed then. An advantage is that the income is taxed only once (by the shareholder) instead of twice (by the corporation and the shareholder). A disadvantage is that there are limited qualifications: the S corporation can have no more than 100 shareholders, all shareholders must be individuals or other qualified entities, shareholders cannot be a nonresident alien, and the corporation can have only one class of stock.

Talk Like A Lawyer

Partnership: an association of two or more individuals who carry on a continuing business for profit as co-owners.

Closing Argument

“I have learned that success is to be measured not so much by the position that one has reached in life as by the obstacles which he has overcome while trying to succeed.” – Booker T. Washington

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Chicago landlord/tenant: duty to make repairs

2011-01-17T08:59:00.002-06:00

Monday’s daily focus: residential real estate law

Clients want a good outcome in their case.

When I say “good outcome,” I mean the best outcome under the circumstances. If you’re suing for $1 million, a good outcome is getting $1 million; if you’re being sued for $1 million, maybe a good outcome is to have to pay only $1,000 instead – depending on the circumstances.

How do you get a good outcome in a case? It starts at the beginning: good strategy, good communication, understanding the process, and setting realistic expectations.

Repeat those same steps at every juncture of the case. It’s about having the right attitude. It’s about focusing on what’s important and doing your best work toward that. It’s about being responsive. It’s about taking action.

That’s the path toward a good outcome.

Ask The Lawyer

Q: I need my landlord to make repairs in my apartment – how can I make the landlord do it?

A: Your landlord has an obligation to keep the apartment in repair good enough to meet the requirements of your local codes. If the apartment needs repair(s), first and foremost, request the repairs of your landlord in writing (be specific about the problem and what you are requesting), and hand deliver the request to your landlord or send it to your landlord via certified or registered mail. Give your landlord a fair chance to perform the repairs. If you and your landlord are not able to come to a meeting of the minds, here are some options:
Under Illinois Law: Residential Tenants’ Right to Repair Act allows tenants to give written notice via registered or certified mail to the landlord of the repair(s) they need. If the landlord does not respond within 14 days – or if the repair is of an emergency nature – the tenant has the right to arrange to have the repairs made if the cost is the lesser of $500.00 or ½ the monthly rent. Under that scenario, the tenant may deduct the amount of the repair from the rent when the tenant gives the landlord a copy of the bill submitted with the name, address, and telephone number of the tradesman or supplier (unrelated to the tenant) who performed the repairs. A tenant may not deduct the cost of the repair(s) from the rent if the repair was for damage caused by the tenant or the tenant’s family or a guest of the tenant.
Under the Chicago RLTO: notify the landlord in writing of what repairs you need. In the written notice, say that if the repairs are not made within 14 days of the date the landlord receives the notice, you will deduct a reasonable amount from your rent (an amount reasonably related to the decrease in value of the apartment), an amount you should specify in the notice. If the landlord does not make the repairs within the 14 day period, you may withhold the amount you specified from your rent. If the cost of the repair is less than $500.00 or ½ of your monthly rent (whichever is more), you may give your landlord written notice of the needed repair, and if the landlord does not make the repair within 14 days, you may have the repair performed at your expense, and deduct the cost of the repair from your rent along with a copy of the paid receipt. A tenant may not deduct the cost of the repair(s) from the rent if the repair was for damage caused by the tenant or the tenant’s family or a guest of the tenant.

Talk Like A Lawyer

Abstract of title: a condensed history of the title of a particular plot of land

Closing Argument

“Our business in life is not to get ahead of others, but to get ahead of ourselves – to break our own records, to outstrip our yesterdays by our today, to do our work with more force than ever before.” – Stewart B. Johnson

Do you have a legal question? askthelawyer@yourpersonallawyer.com

What is common law marriage?

2011-01-14T05:00:00.002-06:00

Friday’s daily focus: divorce and family law

Confidentiality is a keystone to any trusted relationship, including an attorney-client relationship.

Just as important is the simple concept of respect.

An attorney needs to respect the client and the client’s goals. Likewise, the client needs to respect the attorney and the attorney’s work. Without basic respect, the relationship cannot succeed.

One chief way to show respect is to keep the client’s or potential client’s issues, concerns, and matters completely confidential, and to emphasize that with the client and potential client.

Ask The Lawyer

Q: What is common law marriage?

A: Some states treat couples who have lived together for a certain number of years (the number of years varies by state) as a married couple, even though they never had a wedding or were legally married. Many states – including Illinois – do not recognize common law marriage at all.

Talk Like A Lawyer

Alimony: an allowance made to a divorced spouse by a former spouse for support and maintenance. Also called spousal support.

Closing Argument

“Don’t be afraid to take a big step if one is indicated. You can’t cross a chasm in two small jumps.” – David Lloyd George

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Paying property taxes as a condo owner

2011-01-13T05:00:00.002-06:00

Thursday’s daily focus: condo law

What kind of law do you do? That’s a question all attorneys get a lot.

The interesting thing about the legal profession is that, technically, there are no specialties. You get your license to practice, and you’re set loose! You have to register for your license annually, and you have to take continuing legal education – so, attorneys are monitored and there’s regulation. But, any attorney can do any kind of law they like. An attorney who has done bankruptcy cases for 30 years can take on a case defending a client accused of murder in a criminal court. Well, the attorney could, but probably shouldn’t.

Why not? Well, obviously, the attorney is probably pretty expert at doing bankruptcy cases, but may or may not know very much about doing criminal cases. Attorneys generally concentrate their practice into one or a small handful of types of cases. I concentrate in real estate matters (including home buyers, home sellers, condo law, and landlord/tenant law), estate planning and probate, family law, and personal injury. I don’t do bankruptcy or criminal cases at all, for example.

One very important thing any attorney can do is to be able to refer a good attorney who does practice in another area to a potential client. It’s also very useful to get an attorney involved to assist in a case at times. Referrals to good attorneys who practice in multiple areas is a good service to clients and potential clients, and is another example of good customer service!

Ask The Lawyer

Q: Who pays the property taxes for individual units – the unit owner or the association?

A: The unit owner pays. In some new developments it may take several tax bills before the assessor is able to issue bills to individual units; in that case, there is one single tax bill for the entire property, which the association pays – that is only temporary, however (until the assessor is able to begin billing each unit separately). Otherwise, each unit owner receives a property tax bill, and each unit owner has to pay the property tax bill.

Talk Like A Lawyer

Bill of particulars: a written statement of the particulars of a complaint showing the details of the amount owed

Closing Argument

“Far and away the best prize that life offers is the chance to work hard at work worth doing.” – Theodore Roosevelt

Do you have a legal question? askthelawyer@yourpersonallawyer.com

What is a living trust?

2011-01-12T05:00:00.002-06:00

Wednesday’s daily focus: estates, wills, trusts, and probate law

When you shop at any big discount store, you have plenty of options for whatever you may want to buy. You want pet food? They have options for you. Want a birthday card? Options. New shoes? More options.

Ideally, when you’re “shopping” for an attorney, you can get the same kinds of choices and options. Certainly, there are options for the kind of attorney you want to work with – in terms of style, temperament, personality, and approach. But, the attorney you hire should also give you as many options on how to handle the case as possible. Sometimes there are different approaches and sometimes not, but isn’t it good to consider your options?

Creative thinking and strategizing is great for many of my clients, I have found. That’s having options. There are legal options and there are some creative and non-legal options, too. In some situations, combining some of those options can lead to a good result in less time and at less expense. That’s having options!

One of my goals is to give clients and potential clients options in how to deal with the situations they face, and to use those options to get the best possible result.

Ask The Lawyer

Q: What is a living trust?

A: A living trust is a trust that you set up while you are alive. The things you own are re-titled to your living trust, so that your living trust is the legal owner of your assets. While you are alive, you are the beneficiary of the trust, and you receive the benefit of all of your assets. You will name one or more persons (or entities) to be successor beneficiaries. When you pass away, your successor beneficiary(ies) will receive the benefit of all of your assets automatically, without having to go through probate. (A living trust is also sometimes called a “revocable trust” or “inter vivos trust.”)

Talk Like A Lawyer

Fee simple estate: the largest estate that one can own in land, giving the holder the absolute ownership and power of disposition during life and descending to the owner’s heirs at death

Closing Argument

“Nothing worthwhile ever happens quickly and easily. You achieve only as you are determined to achieve – and as you keep at it until you have achieved.” – Robert H. Lauer

Do you have a legal question? askthelawyer@yourpersonallawyer.com

What is a general partnership?

2011-01-11T05:00:00.001-06:00

Tuesday’s daily focus: small business/corporate

One very important point that I always emphasize with clients and potential clients is that we have to identify what outcome the client wants. Sometimes the outcome is perfectly possible – or, very, very likely. Sometimes, the outcome is more challenging. Sometimes, it’s a matter of getting to the best possible outcome.

No matter which of these outcomes it might be in any given situation, one aspect of the process that the attorney needs to keep in focus is in satisfying the client. A reasonable client will be satisfied with the best outcome possible – or with the anticipated outcome. But, why would a client not be satisfied? Maybe because the client isn’t reasonable. That’s a whole other discussion. But, another common reason why a client wouldn’t be satisfied is because they (1) didn’t really understand what outcome was likely/possible, (2) didn’t get the outcome they expected, (3) didn’t feel like they were consulted and it all happened without their input. Plus, others. All of these are avoidable – that’s the point of this. Realistic goal-setting at the beginning, combined with regular communication, is critical to getting a satisfaction.

After all, it isn’t always so much whether the outcome is what the client wants (although it’s pretty important!), it’s also whether the client is satisfied in the process of how the case is handled from start to finish.

Ask The Lawyer

Q: What is a general partnership? What advantages/disadvantages does a general partnership have?

A: A general partnership is two or more people (general partners) are operating a business together. An advantage of a general partnership is that there are no steps necessary to set it up; the parties simply conduct business. Another aspect of a general partnership that can be an advantage is that no formal written agreement among the general partners is necessary. However, this may also be a disadvantage if there are any future disputes about how the general partners agreed to run the business. Another disadvantage is that, since it is not an incorporated legal entity, the general partners are personally liable for any debts of the general partnership.

Talk Like A Lawyer

Certified check: a check that has been accepted, and thus guaranteed, by a bank on which it was drawn and that has been marked to indicate such acceptance

Closing Argument

“Happiness is someone to love, something to do, and something to hope for.” – Chinese Proverb

Do you have a legal question? askthelawyer@yourpersonallawyer.com

The nitty-gritty of the Attorney Review Period

2011-01-10T05:00:00.003-06:00

Monday’s daily focus: residential real estate law

Your attorney should be dedicated.

But dedicated to what? To you? To your case? To your best interests?

Hopefully all of the above. A successful attorney-client relationship will grow out of a sense from the client that the attorney is working hard. After all, look at it from a client’s perspective: (1) the client has a problem serious enough that they have to get an attorney involved, (2) the client bites the bullet and pays some serious money to the attorney – money that could be spent in a lot of other (probably more enjoyable) ways, (3) the client will probably feel like it’s money well spent if the client has a strong sense that the attorney is on top of the situation and doing something for the client that wouldn’t happen without the attorney’s hard work. So, the client want not only results, but also a sense of dedication from the attorney.

The job of the attorney to show the client that he/she is working hard on behalf of the client is both the most important part and the easiest part of the attorney-client relationship, from a business perspective. The legal outcome of some cases is hard to predict, and sometimes hard to achieve – but, with great communication, great customer service, and a lot of sweat equity, an attorney can demonstrate to the client how hard he/she is working for the desired outcome, and how seriously he/she is taking the case. Many clients appreciate that.

So, a good gesture of dedication goes a long way. It’s good business, and it’s good relationship-building. It leads to a good relationship over all.

Ask The Lawyer

Q: What is the “attorney review period” of a contract?

A: Your real estate contract should have a provision that allows your attorney to modify the contract for you (usually it’s a 5 day modification period) – before you sign, make sure your contract allows this. When both the buyer and the seller have signed the contract, your agent will send a copy of the contract to your attorney. Your attorney will read the contract, and will contact the seller’s attorney. Your attorney will propose modifications to the contract that favor you, and the seller’s attorney will do the same. The attorneys will have the time during the “attorney review period” to agree on what modifications both sides will agree to. Your attorney should confer with you as this process is underway, so that you can agree with what your attorney is negotiating for you. If a problem arises, and the two sides cannot agree on modifications, the contract can be declared void, and any earnest money (see below) you’ve paid will be refunded to you – although this rarely happens, the fact that your earnest money is refunded to you and you have no further legal obligation in a deal gone sour is an important legal protection for you as a buyer. Once both sides have agreed on the modifications – as happens in most negotiations – the attorney review period ends.

Talk Like A Lawyer

Lease: a contract granting the use of certain real property by its owner to another for a specified period in return for the payment of rent

Closing Argument

“Life shrinks or expands in proportion to one’s courage.” – Anais Nin

Do you have a legal question? askthelawyer@yourpersonallawyer.com

What is no-fault divorce?

2011-01-07T05:00:00.000-06:00

Friday’s daily focus: divorce and family law

If you had a nickel for each time you wanted to say to someone you’re not listening to me, how rich would you be?

A millionaire many times over? Probably.

Communication is a two-way street. That’s a cliché, but it’s true. It’s just as true in an attorney-client relationship. One thing that’s very important for an attorney when talking to a client or a potential client is to really listen to what the client is actually asking. Sometimes a client or potential client isn’t really sure how to express the legal technicalities of what’s on their mind, or isn’t really aware of what’s possible and what isn’t possible. So, the client talks about something, and the attorney might misunderstand, or (worse) jump to conclusions. I have to guard against that myself. The key is to listen. Hear the client or potential client out. Offer guidance as the conversation continues, but listen.

Listening – what a concept.

Then, like all attorneys are wont to do, we’ll talk and talk. But, not before listening first!

Ask The Lawyer

Q: What is a no-fault divorce?

A: Traditionally, divorces could be hard to get. One spouse would have to accuse the other spouse of doing something wrong, like being unfaithful. It wasn’t legal to divorce just because the marriage wasn’t working or because both spouses were unhappy in the marriage – there had to be a reason. In more recent times, the law has begun to recognize that spouses should be able to end a marriage that was no longer a happy one. Hence, the concept of “no fault” divorce emerged. It’s aptly named, because the divorce did not depend on one spouse doing something wrong, like being unfaithful; it was truly “no fault.” It was a recognition that the marriage was not successful, and did not depend on one spouse being at fault. Illinois allows divorce for both no-fault and the traditional fault-based reasons.

Talk Like A Lawyer

Domicile: a person’s permanent home, legal home, or main residence

Closing Argument

“Blessed are those who can give without remembering and take without forgetting.” – Elizabeth Bibesco

Do you have a legal question? askthelawyer@yourpersonallawyer.com

Who pays for repairs in a condo association?

2011-01-06T05:00:00.003-06:00

Thursday’s daily focus: condo law

When a potential client comes to an attorney with a legal question, the potential client wants one or more of the following: (1) to be told they’re right and the other guy is wrong, (2) what options they have, (3) what it’s all going to cost, (4) a completely candid, truthful assessment of what the options are and the likelihood of success. I can work with clients who want any of (2), (3), and (4). I can’t work very well with clients who are only interested in (1).

In fact, in my conversations with potential clients, I always aim to provide a candid and honest assessment of what options the client has, what the likely outcomes will be, and what the costs will be. That’s the best way to get the attorney-client relationship off on the right foot, in my opinion. An attorney should never over-sell or over-promise. That just sets a trap for both the attorney and the client, since it’s pretty likely that the (over) promised result will fail.

A candid and truthful assessment of the situation and options going forward is appropriate at the outset, as well at regular intervals throughout the case. This is all about good communication. The attorney’s job as a professional is to give good counsel to the client, which means honesty and candor.

Ask The Lawyer

Q: If repairs are necessary only on limited common elements, can the association charge only those owners benefitting from the limited common element for the repairs? (i.e., do all unit owners have to pay, even though they get no benefit from the limited common element(s)?)

A: It depends on what the declaration or bylaws say. It is legal to have the declaration and bylaws say that only the owner(s) benefitting from the limited common element(s) must pay for the upkeep/maintenance/repairs of those limited common element(s).

Talk Like A Lawyer

Discovery: methods that allow each party to obtain information from the other party and from witnesses about a case before going to court

Closing Argument

“Wisdom is not a product of schooling, but of the lifelong attempt to acquire it.” – Albert Einstein

Do you have a legal question? askthelawyer@yourpersonallawyer.com

What is a will?

2011-01-05T05:00:00.003-06:00

Wednesday’s daily focus: estates, wills, trusts, and probate law

I cannot emphasize enough how important good communication is between an attorney and a client. A client who is kept in the dark is an unhappy client. Since attorneys are in the service industry, unhappy clients are not the goal (needless to say).

Why would an attorney be unresponsive? Why would an attorney keep a client in the dark? It might be that the attorney is just bad at keeping in touch. It might be that the attorney is focused on other (or, the wrong) things. But, the answer to that might be a matter of perception. It goes without saying that attorneys, like a lot of people, are busy. Communications from clients come in all forms these days – by telephone, by cell phone, by email, by text, and – yes – by facebook. I have gotten contacts from clients in all of these formats in just the past few weeks. In the old days, it was easy enough to keep in touch with clients by phone and letters. Nowadays, communication is a lot more complicated.

So, the point is: an attorney needs to stay in touch with clients in a format that works for the client. A second point is: both the attorney and the client need to let each other know what communication format works for them.

Some attorneys don’t stay in touch because they’re not good at being in the service industry and at customer relations. They might be great attorneys, but they’re lousy at keeping in touch. Some attorneys don’t seem to stay in touch because they can’t keep up with all of the incoming communications coming from multiple sources. Nonetheless, a relationship can’t succeed if there isn’t good communication. It’s the attorney’s job to set the relationship on the right foot by saying when and how he or she will keep in touch with the client, and saying what communication format is appropriate.

Keep the client happy should be every attorney’s motto. A good first step is to keep in touch with the client. That’s good customer service!

Ask The Lawyer

Q: What is a will?

A: A will is a written document that says what happens to the things you own after you die. In Illinois, your will has to be signed by you and witnessed by at least two disinterested witnesses over the age of 18. (A “disinterested” witness is someone who isn’t going to inherit anything in the will.) Your will is revocable up until you die, which means that you can revoke your will and change your will at any time up until you die. When you die, your executor or someone else will ask the court to enforce your will.

Talk Like A Lawyer

Life estate: an estate limited in duration to either the life of the owner or the life of another person

Closing Argument

“Experience is not what happens to you; it’s what you do with what happens to you.” – Aldous Huxley

Do you have a legal question? askthelawyer@yourpersonallawyer.com

What is a sole proprietorship?

2011-01-04T13:22:00.004-06:00

Tuesday’s daily focus: small business/corporate

Why do lawyers cost so much money?

When you read that question, is your first reaction to ask, who says they cost so much money? Probably not. It’s assumed that a lawyer will cost a lot of money.

I have a few thoughts about that.

First, one point I always remind myself of is that clients are paying money for good services. So, clients deserve the best service for each penny they pay. That’s value. They’re paying good money, they deserve great service.

Second, a client (or a potential client) should know in advance how much they’ll be paying. For a lot of services, it’s possible to set a fee at the outset; the client and the attorney will know exactly what service is given and how much it will cost. For other services (like, say, taking a case to court), it may not be possible to say exactly how much it will cost, but the attorney and client should still come to a clear understanding about what fees are going to be and how much work is going to be done. Also, the client should be able to have a say about how much things cost as the case goes on. In other words, the attorney should never put the client “over the barrel” – forced to spend more money than they want just to protect their legal interests.

Third, the attorney and client should check in with each other early and often throughout the representation. The client should always know what’s happening, what the next steps are, what the strategy is, and any potential problems and pitfalls are.

With good communication about the services, the costs, and the progress of the case, a client should be confident that his or her money is being well spent for the client’s best interests.

Ask The Lawyer

Q: What is a sole proprietorship? What advantages/disadvantages does a sole proprietorship have?

A: A sole proprietorship is a single person (the sole proprietor) who is doing business. It is not a corporation or any formal, legal entity. It is simply a person conducting business. An advantage of a sole proprietorship is that there are no steps necessary to set it up; the person simply conducts business. Also, decision-making for the sole proprietorship is very simple, since all business decisions are made by the sole proprietor (as opposed to a partnership, or a corporation with multiple stockholders). A disadvantage is that, since it is not an incorporated legal entity, the sole proprietor is personally liable for any debts of the sole proprietorship.

Talk Like A Lawyer

Holder in due course: a holder who has taken a negotiable instrument for value, in good faith, and without any knowledge that it is overdue or that anyone has any claims or defenses to it

Closing Argument

“If one advances confidently in the direction of his dreams, and endeavors to live the life which he has imagined, he will meet with a success unexpected in common hours.” – Henry David Thoreau

Do you have a legal question? askthelawyer@yourpersonallawyer.com

How to vote for judges on Election Day

2010-10-26T07:35:00.003-05:00

It’s that time of year again!

November 2 is Election Day, and please take the time to vote, if you haven’t already voted in early voting.

I want to make a suggestion on how to vote for the judges who are up for election or retention. This is not an endorsement of any candidates. This is simply a suggestion on how to vote for qualified judges.

First, get a copy of the ballot you’ll receive at the polling place to find out what specific judges will be on your ballot. In Chicago, you can get your ballot here. In suburban Cook County, you can get your ballot here (this page also has links to sample ballots from other surrounding counties).

Second, look at the evaluations of the judicial candidates done by the Illinois State Bar Association and the Chicago Bar Association.

Third, mark the judicial candidates on your ballots you will vote for or not vote for based on the evaluations. Actually, this is easy – there is only a handful of judges who are not recommended for retention, and you may want to simply mark those to vote “no.”

Thanks for being a good citizen!

What happens if a home buyer can't get a mortgage?

2009-03-04T06:39:00.001-06:00

Wednesday’s daily focus: residential real estate law

Ask The Lawyer

Q: What if the buyer can’t get a mortgage?

A: After the contract is signed, it is very important that the buyer keep the protection of the mortgage contingency deadline. The buyer is given until a certain date (the "mortgage contingency deadline") to secure a mortgage. If the buyer cannot get a mortgage by that date, the buyer can then walk away from the deal or ask for more time to get a mortgage. The seller can agree to extend the time for the buyer, or agree to walk away from the deal. In most cases, both the buyer and the seller want the deal to go forward. In most cases, a seller will agree to an extension of time for the buyer. In most cases, the buyer is then able to get a mortgage commitment, and the deal goes forward. If the buyer does not ask for an extension of time, and then cannot get a mortgage, the buyer will be in breach of the contract.

Talk Like A Lawyer

Title insurance: Insurance issued by a title company that protects a property owner against loss if it is later discovered that title is imperfect

Your Daily Personal Lawyer covers legal topics in the areas of estate planning, wills & trusts, probate, condo law, residential real estate, landlord/tenant law, and divorce and family law. Each day I feature a different area of the law:

Monday’s focus: estates, wills, trusts, and probate law
Tuesday’s focus: condo law
Wednesday’s focus: residential real estate law
Thursday’s focus: landlord/tenant law
Friday’s focus: divorce and family law

Do you have a question about selling your home or condo? Thinking of buying a home or condo? Wondering about whether you need a lawyer or what a lawyer could do for you in your home sale or purchase? askthelawyer@yourpersonallawyer.com or call (312) 217-0321.

Today’s Lawyer Joke

A golfer hooked his tee shot over a hill and onto the next fairway. Walking toward his ball, he saw a man lying on the ground, groaning with pain.

"I’m an attorney," the wincing man said, "and this is going to cost you $5,000."

"I’m sorry, I’m really sorry," the concerned golfer replied. "But I did yell ‘fore’."

"I’ll take it," the attorney said.

Closing Argument

"Do what you can, with what you have, where you are." – Theodore Roosevelt

Can (or should) a condo association go without reserves?

2009-03-03T06:41:00.001-06:00

Tuesday’s daily focus: condo law

Ask The Lawyer

Q: Does a condo association have to have reserves?

A: The board must maintain a reasonable reserve fund to pay for capital expenditures and major repairs and replacements to the common elements. The board should make contributions to the reserve fund in each year’s budget. Having a reserve is required by the Act, and is, for obvious reasons, a wise and prudent course of action for any association. An exception to the requirement for reserves does exist, however: if an association’s declaration does not have a requirement to have a reserve fund, the association may opt, by a 2/3 majority of unit owners, to not have a reserve fund.

Talk Like A Lawyer

Prima facie: Latin for "on its face." A prima facie case is one that at first glance presents sufficient evidence for the plaintiff to win. Such a case must be refuted in some way by the defendant for him or her to have a chance of prevailing at trial.

Your Daily Personal Lawyer covers legal topics in the areas of estate planning, wills & trusts, probate, condo law, residential real estate, landlord/tenant law, and divorce and family law. Each day I feature a different area of the law:

Monday’s focus: estates, wills, trusts, and probate law
Tuesday’s focus: condo law
Wednesday’s focus: residential real estate law
Thursday’s focus: landlord/tenant law
Friday’s focus: divorce and family law

Do you have a question about condo law, collecting assessments, problems with a unit owner, or with the condo board? I work with both condo boards and associations, as well as individual unit owners. askthelawyer@yourpersonallawyer.com or call (312) 217-0321.

Today’s Lawyer Joke

Q: What’s different about a lawyer’s word processor?

A: No matter what font you choose, everything comes out in fine print.

Closing Argument

"Do all the good you can, in all the ways you can, in all the places you can, at all the times you can, to all the people you can, as long as ever you can." – John Wesley

2009-03-03T06:34:00.000-06:00

Ask The Lawyer Night

The next "Ask The Lawyer Night" is Wednesday, March 4, 2009 from 6:30 to 8:00 at Lake Side Café, 1418 W. Howard (Howard & Sheridan) in Chicago.

Have a question about your condo association? A problem with your landlord or tenant? Thinking about planning your estate? Wondering about buying or selling a home?

"Ask The Lawyer Night" is a chance to have a free and confidential one-on-one consultation with attorney Jonathan Dixon.