Mediation is an art and not perfect science. However, even if mediation is unsuccessful, the parties and attorneys usually walk away with a greater insight into the case and appreciate that they explored the possibility of a settlement agreement.
Some potential benefits or advantages of mediation are that the parties are given greater input and flexibility regarding the terms and conditions of the settlement agreement, mediation may occur sooner than trial or evidentiary hearing, mediation is usually far less expensive than traditional litigation and trial, and mediation may occur privately and confidentially in-person or by Zoom as opposed to a public trial at a state or federal courthouse.

The modern lawsuit may take 1-3 years to resolve or reach trial depending on the facts, causes of action or claims, defenses, legal theories, witnesses, experts, and trial date. Mediation does not replace the right to a trial, but it does give the parties an opportunity to take a “break” or “step-back” to evaluate the case, seek the guidance and assistance of a neutral third-party, and attempt in good faith to settle the lawsuit or case before a trial

We offer affordable yet assertive legal advocacy as well as place an emphasis on practical application of the law. We strive to offer sound practical advice, propose reasonable and unique legal solutions to resolve disputes, attend city council and board meetings, appear in court as necessary, and work with local citizens to promote a transparent local government. 

Our representation is grounded with the understanding that the citizens, who are the taxpayers, expect their local government and its elected officials to function and perform properly. Our goal is to provide not just sound legal advice, but to engage and seek conflict resolution.

What Are a Few Examples of Municipal Law?

In Municipal Law, issues may arise out of the hiring and termination of employees, parks and recreation, street department, eminent domain, open meetings act, freedom of information, union contracts, zoning, landlord-tenant, governmental contracts, and the environment. 

We have faced and solved many complex issues as legal professionals. We are glad to speak with you about representing your local government body or entity. 

At MillerKing Law Firm, we have six lawyers with all different backgrounds, skills, and diverse experience. We are a comprehensive local-based law firm with a practice area dedicated to Municipal Law. For more information, you can reach us at (618) 462-8405 or visit our website https://millerkinglaw.com/.

Probate is not always required and there are many exceptions and options, including use of a small estate affidavit. Probate is a structured process with deadlines, claims periods, court rules, and a Probate Court to make rulings, decisions, and enter necessary court orders to account, determine, and distribute an estate’s assets in an orderly fashion and manner. There are advantages and disadvantages of Probate – each situation is unique and must be closely analyzed and reviewed. 

In certain situations, Probate administration is required such as:

• If the deceased person’s assets total over $100,000; or
• If the deceased person owned real estate in his/her individual name with no co-owner or beneficiary under Transfers on Death Instrument. 

An advantage of Probate is that creditors are faced with a shorter statute of limitations – which is a designated time period for creditors to file claims against the estate so long as the estate is published placing creditors on notice. If a Probate estate is not opened, the statute of limitations is longer thereby giving creditors longer periods of time to file claims against the estate. 

Probate and the alternatives to Probate should be discussed at the Estate Planning stage, such as to discuss joint ownership of property with rights of survivorship or beneficiary designations, Last Will & Testament, Trust, Transfer on Death Instrument, and Powers of Attorney. 

Each situation is unique and different. At MillerKing Law Firm, we are glad to discuss your situation and circumstances. You may contact us at (618) 462-8405 or visit our website at www.millerkinglaw.com

A Not-for-Profit organization may be established or organized for charitable, religious, athletic, social, and educational purposes. The founding and establishment of a nonprofit is usually to carry out a specific mission to support a particular group of people or a specific cause. Often, Not-for-Profit organizations do not know where to turn for legal advice or representation when facing a difficult decision, legal or business dispute, or to seek conflict resolution before serious escalation or litigation. As an example, a Not-for-Profit organization may be facing concerns or seeking answers to questions about liability exposure regarding a human resource issue, such as terminating a troublesome employee, or entering into a long-term commercial lease agreement. Not-for-Profits, which are often limited monetarily or economically, are greatly benefitted when they have access to reasonable, practical yet assertive, and competent legal advice or representation.   

As a comprehensive community based law firm, we offer legal advice, establish and organize, and support and participate in the life and activities of Not-for-Profit organizations. We truly believe and see the value in giving back to our community. If you would like more information or to schedule an appointment, please contact us at (618) 462-8405 or visiting our website at https://millerkinglaw.com/

 There are several devices or legal documents used for estate planning. The most commonly used legal documents are the follows: 

• Last Testament and Will
• Irrevocable Trust
• Revocable Trust
• Special Needs Trust
• Transfer on Death Instrument
• Powers of Attorney

Can I Do My Own Estate Planning?

It is recommended and advisable to seek the experience and counsel of an estate planning attorney. The experienced estate planning attorney will discuss the various factors and circumstances to have a full understanding of the size, complexity, nature, and intentions of the client’s estate plan. Each person’s situation and circumstances are unique and different requiring a customized plan and personalized attention to detail.

It is our goal at MillerKing Law Firm to fully involve and consider all aspects of an individual’s or couple’s life, including financial planners, tax advisors or certified public accountant, financial accounts, type of property ownership, and intentions or wishes to be carried out after death or passing. 

What Is The Average Cost Of An Estate Plan?

Each estate plan is unique and different. At MillerKing Law Firm, we offer free initial consultations for each client. Estate plans will vary in time, responsibilities, attorneys’ fees, and costs. There is a difference between a simple Last Testament & Will versus a complex Trust involving a variety of real estate, investments, and property. 

Why Is it Important To Keep Your Estate Planning Up To Date As Your Life Changes?

Life is always changing. As life does change, it is recommended to review and discuss your estate planning with your spouse, financial advisor, accountant or CPA, and attorney. Many times, an estate plan will withstand the test of time, but it is highly recommended to review an estate plan on an annual basis or after a major life event. Whether you need to amend your estate plan depends upon the different factors of life or personal preferences. 

If changes are needed, then a simple amendment may resolve the issue at hand, or a totally new estate plan may be in the client’s best interest, such as the death of a spouse, divorce, sale of the family business, or complete change of life circumstances.

What Happens If I Don’t Have An Estate Plan?

If a person dies without an estate plan, such as Last Testament & Will or Trust, then intestate succession (laws of intestacy) will dictate and determine the manner and method of distribution. The laws of intestacy are codified or statutory laws in the State of Illinois. 

Contrary, a customized estate plan will dictate and determine the manner and method of distribution based upon the individual client’s or clients’ preferences, desires, and wishes instead of relying upon state law to determine the estate plan. 

How Can MillerKing LLC Help With Estate Planning?

We receive calls and emails everyday about estate planning. We are more than glad to offer you a free initial consultation. We like to get to know and understand the client, family background, finances and assets, desires and wishes, and overall goals and expectations. That helps us determine what is the best customized estate plan – each person is unique and different. The easiest way to contact us is to visit https://millerkinglaw.com/ or call us at 618-462-8405.

In order to determine the amount of child support that is owed, both parties will have to complete a Financial Affidavit and may have to exchange documents related to their finances. At a minimum, both parents should provide paystubs, bank statements, and recent tax returns. Other documents may be requested by the other party or their attorney.

Both parents’ income and the amount of time each parent spend with the child will be considered when calculating the amount of child support owed. Income includes second jobs, overtime, and holiday pay. Factors specific to each family, such as childcare costs, extracurricular and school expenses, and health insurance premiums, are also taken into consideration.

Once there is a court order for Illinois child support, an Income Withholding for Support can be sent to the paying parent’s employer. The employer will take the money directly from the parent’s paycheck and send it to the State Disbursement Unit. There, the payment is recorded and sent to the receiving parent.

What if I think I am paying too much Illinois child support or can’t afford the amount of support I have to pay?

If you want to change the amount of support you are paying, you can file a motion requesting a modification. You will need to show that something has changed since the last child support order was entered. Changes could be related to your income, the other parent’s income, or the child’s living arrangements.

What can I do if my child’s other parent doesn’t pay support? Do I have to pay Illinois child support even if I don’t see my child?

Child support and parenting time are two separate things. If the other parent does not pay child support, you cannot cut off their court ordered parenting time. If you do not see your child, you must still pay child support if the Court has ordered it.

If your child’s other parent has stopped paying Illinois child support, you can ask that they be held in contempt of court. If the judge believes they intentionally violated the court order they can impose penalties designed to coerce the parent into paying the support that is owed. You can also ask the court to allow a new Income Withholding Order to be sent to their employer that requires them to withhold a higher amount to make up for missed payments.

If your child’s other parent is refusing to allow you parenting time that has been court ordered, you can try to enforce that order through the court.

My child is in college. Can I still get Illinois child support? Do I still have to pay child support?

It is possible that both parents could be ordered to contribute to post-high school educational expenses. These expenses can include tuition, books, room and board, medical and dental care, and living expenses. The judge will consider the financial resources of both parents and the child and may require everyone to apply for financial aid. The obligation to contribute to these expenses can usually be terminated if the child’s grades fall below a “C” average, when the child earns a bachelor’s degree, if the child gets married, or if a paying parent is denied access to the child’s transcripts. To learn more about Illinois child support and MillerKing Law, you can visit our website at https://millerkinglaw.com/practice-areas/family-law/ or give us a call at (618) 462-8405.

Whether you are married to your children’s other parent or not, the first step to getting custody is to file a petition in the county where your children live. This case could be a dissolution of marriage or an allocation of parental responsibilities, depending on your circumstances.

What are parental responsibilities?

Parental responsibilities, or what is commonly called custody and visitation, include both parenting time and significant decision-making responsibilities.

Parenting time is simply the time a parent has their children in their physical care. Both parents will usually be allocated some amount of parenting time. During their parenting time, each parent is responsible for taking care of the children and making non-significant decisions. Parenting time schedules can vary depending on each family’s circumstances and should take into account factors, such as the children’s ages, parents work schedules, and the distance between each parent’s residence.

Significant decision-making means deciding issues of long-term importance in your children’s lives. These are decisions related to their health, education, religious upbringing, and extracurricular activities. These decisions can be made by one parent or jointly made by both parents.

What is a parenting plan?

A parenting plan is a written agreement or court order that sets out the responsibilities of each parent. It will set forth the parenting time schedule that you will follow and may include special occasions like holidays and vacations. It will also make clear which parent has significant decision-making responsibility, or whether the parents will make decisions together.

How does the judge decide where my children will live?

If parents cannot reach an agreement, the judge will hear testimony and consider evidence about what the parenting time schedule should be. The judge must allocate parenting time according to your children’s best interests. There are several factors the judge must consider before making a decision. Some of those factors include: the parent’s wishes; the children’s wishes; the children’s interaction with the parents; the children’s adjustment to their home and community; the mental and physical health of the parents; and the willingness of each parent to encourage a close relationship between the children and the other parent.

When can my children decide where to live?

Where children want to live is one factor that should be considered when setting up a parenting time schedule. The older kids get, the more a judge might be willing to consider their opinion. However, there is no specific age where a child gets to make that decision on their own.

How long will it take to finish my case?

Unless you and the other parent are in complete agreement about how parental responsibilities should be allocated, it is difficult to determine who long your case will take. If you are not in agreement, the judge will probably require you to attend mediation to see if a compromise is possible. If that is not successful, a guardian ad litem (court appointed attorney to represent the child’s or children’s best interests) might be appointed to do an investigation and make a recommendation as to the best interests of your children. If that still does not settle your case, you will need to prepare for a trial.

These steps can all take time, and depend on the availability of the parents, the judge and the mediator or guardian ad litem. The Supreme Court has established a rule that, unless there are unusual circumstances, all parental responsibilities cases should be resolved within 18 months. While there are some cases that do take the full 18 months, or even longer, most parents have a final order before that deadline has passed.

What will I have to do while my case is pending?

One thing you will be required to do is attend a four-hour parenting education program that covers the allocation of parental responsibilities and its impact on your children. This course is required by an Illinois Supreme Court Rule and all parents must attend, even if they agree about parenting time and decision-making.

If the court orders you to attend mediation, you will need to make sure you schedule and attend those appointments. If a guardian ad litem is appointed, you will have to cooperate and assist with that investigation to the best of your ability.

If it seems unlikely you will reach an agreement with your children’s other parent, you can also work on gathering evidence that might be helpful to your case. Each case will have different types of evidence, but you might have school or medical records, text messages, photographs, social media posts, and/or other similar items or records that might be useful in your case. Your attorney can help you figure out the types of evidence to gather and determine what might be useful should your case go to trial.

What is a Testator???A ?testator? is the person who makes a will. If a person dies with a will, then he or she is said to have died ?testate.? If the person dies without a will, then he or she is said to have died ?intestate.? When a person dies intestate, estate administration and the right to receive distribution are controlled by Probate Act of 1975,755 ILCS 5/1-1, et seq.

What is Probate??Probate is a statutory process for administering an estate. There are many types of assets that are not subject to Probate, such as joint tenancy property (property owned together), life insurance, retirement benefits, and trust assets.

What is Per Stirpes??It is a term used to define distribution of an estate by right of representation.

For example, if a parent has three (3) children, then these three (3) children would each receive an equal one-third share after the parent?s death. If one of the children predeceases (dies before) the parent, but left three (3) children (grandchildren to testator or decedent), then the two surviving children would each receive a one-third share. The three grandchildren would receive equal shares of their deceased parent?s one-third share

What is Intestate??If a person dies intestate, the person?s estate passes by ?intestate succession,? which means that the persons who are entitled to receive distribution are determined by the rules set forth under Article 2 of the Probate Act,?755 ILCS 5/2-1, et seq. This section of the Probate Act also provides rules for dealing with illegitimate children, posthumous children, and adopted children.

What is a Trust??A Trust is a method of holding title to an asset that is established when a grantor transfers possession of the asset to a trustee together with instructions on how to hold, manage, and distribute the asset. A Trust is a very useful tool in planning for larger estates and is flexible enough to accommodate a variety of circumstances and distribution plans.?Trusts may be revocable and irrevocable.

What are Tenants in Common??Tenants in Common own undivided interests in the same property; however, each person is the owner of only his or her separate share. There is?no right of survivorship?in property owned as tenants in common, and this property is a probate asset.

What is Joint Tenancy??If assets or property are held in Joint Tenancy?with rights of survivorship, such assets or property will?transfer?automatically?to the survivor at death. These assets are not subject to claims against the estate of a decedent. This type of ownerships should not be subjected to probate.

What is Tenancy by the Entirety??Tenancy by the Entirety is a method of holding property that is limited to ownership of a?marital home by a husband and wife, and this type of ownership carries a right of survivorship. When property is held in Tenancy by the Entirety, it is subject to judgment liens only for debts of both spouses.

What is are Payable-On-Death Accounts??Payable on Death Accounts are contractual arrangements with financial institutions and not probate assets. Persons may establish Payable-On-Death (POD) designations with regard to bank accounts, savings accounts, loan accounts, credit union accounts, certificates of deposit (CD?s), and U.S. savings bonds. Persons retain complete control over his or her funds until death. The named beneficiary has no rights to the account until the account holder?s death, but has complete access afterward.

What is a Residential Transfer on Death Instrument (a/k/aTODI)??Under 755 ILCS 27/1, et seq., the statute permits an owner to transfer residential real estate to one or more beneficiaries with the condition that the conveyance does not become effective until the death of the owner. The TODI must be signed and witnessed in a manner similar to a will and be recorded before the owner?s death. The TODI deed is revocable during the owner?s lifetime. The owner retains and keeps the right to sell or encumber his or her real estate. The beneficiary of a TODI deed must file a Notice of Death Affidavit in the county recorder?s office within 30 days of the owner?s death.

About the Author:

Stephanie A. King?practices in the areas of Estate Planning & Asset Protection, Guardianships, Probate, and Personal Injury. Stephanie is?licensed to practice law?in Illinois and Missouri and practices?in the following counties, Madison County, IL, Jersey County, IL, St. Clair County, IL, Macoupin County, IL, Montgomery County, IL, Greene County, IL, Calhoun County, IL, Bond County, IL, and Monroe?County, IL.?Stephanie also represents clients throughout the St. Louis Metropolitan Area and Missouri.