Greenberg & Sinkovits, LLC

Q: What's the difference between separation and divorce? Are there advantages to one over the other? A: Separation and divorce both involve living apart, but they differ from a legal perspective. Separation: When couples live apart but remain legally married. A legal separation includes a court-approved agreement outlining the rights and responsibilities of each spouse. Divorce: The legal dissolution of a marriage, ending all legal responsibilities between spouses. Which one is right for you? Separation: 👉️Some prefer separation due to religious beliefs that don't condone divorce. 👉️Retain benefits like health insurance depending on the provider, tax advantages, and social security. 👉️Allows couples to decide if divorce is the right step while living apart. 👉️Can be less disruptive for children, providing a gradual adjustment. 👉️Offers time to process the emotional aspects without finality. Divorce: 👉️Provides a clear end to the marriage, allowing both parties to move on. 👉️Allows individuals to remarry legally. 👉️Finalizes the division of assets and liabilities. Both options have their benefits, depending on your personal, financial, and emotional circumstances. Message us to set up a free consultation. 🏛️💔 #divorceattorney #chicagodivorcelawyer

This isn't an easy question to tackle, but it's critical if you have minor children at home. 💕🏡 To establish guardianship of your children in the event of your death, you'll need specific estate planning documents. Here are some of the most important: Will: This is the primary document where you can name a guardian for your minor children. It's essential to ensure the will is legally valid and up-to-date. Durable Power of Attorney: This document can designate someone to manage your financial affairs on behalf of your children if you become incapacitated before your death. Medical Power of Attorney: This appoints someone to make medical decisions for your children if you are unable to do so. Trusts: Establishing a trust can manage and protect assets for your children's benefit. A trustee, who can be the same or different from the guardian, will manage the trust according to your instructions. Guardianship Nomination Form: Illinois allows a separate legal document specifically for nominating a guardian for your children, which can be used in conjunction with your will. Designation of Standby Guardian: This document can appoint a temporary guardian if you are incapacitated, ensuring immediate care for your children until the permanent guardian takes over. Using these documents, parents in Illinois can ensure their wishes for their children's guardianship are legally documented and considered by the court. Consulting with an estate planning attorney is crucial to ensure these documents are correctly prepared and legally valid. Message us to get your plan started. #EstatePlanning #Guardianship

🗣️ How to tell the kids about divorce: There are very few situations that will take more intentional care than telling your children about your divorce. It’s important to do it in a way that’s clear, but also doesn’t negate the fact that their life is about to change dramatically. Here are some tips to help guide you: 🔸 Tell them in advance. Let them get used to the idea before a parent suddenly doesn’t live in their house any more. 🔸 Tell them together. This is important so the kids don’t think the missing parent is the “bad guy”. 🔸 Tell them what’s staying the same. Children find comfort in routines. 🔸 Reassure them that it isn’t their fault. Be clear that this is an adult issue, and that they are still loved by both parents. Looking for more tips on how to handle divorce? Like and follow for more. #familylaw #familylawattorney #divorce #childofdivorce

Estate planning with co-op properties involves some unique considerations compared to other types of real estate. Here are key points to keep in mind:⁠ ⁠ 👉 In a co-op, you don't own the unit itself but rather shares in the cooperative corporation that owns the building. Your ownership is represented by a proprietary lease.⁠ ⁠ 👉 The co-op board typically has the right to approve or deny any transfer of shares, including transfers that occur upon death. This can impact your estate planning.⁠ ⁠ 👉 When planning your estate, ensure your will or trust specifically addresses the transfer of your co-op shares. It's essential to check the co-op's bylaws and policies regarding inheritances.⁠ ⁠ 👉 It's best to choose beneficiaries who meet the co-op's financial and residency requirements, as the board's approval is necessary for the transfer.⁠ ⁠ 👉 If allowed, consider holding the shares in joint tenancy with rights of survivorship. This can simplify the transfer upon your death, avoiding probate.⁠ ⁠ 👉 Consider a life insurance policy to cover potential costs or liabilities associated with the co-op shares, especially if the board denies the transfer.⁠ ⁠ 👉 Work with an attorney (like us!) and financial advisor familiar with co-op properties to ensure your estate plan aligns with co-op regulations and protects your interests.⁠ ⁠ 👉 Regularly review and update your estate plan to reflect any changes in co-op bylaws or your personal circumstances.⁠ ⁠ By understanding these aspects, you can create a comprehensive estate plan that ensures a smooth transfer of your co-op property to your heirs. 🏢📜 ⁠ ⁠ #EstatePlanning #CoopProperties #RealEstateLaw

🏡🔐 Why would you want to put your house into a trust? Here are 6 reasons why it might be a smart move: 1. It may help your heirs avoid probate. Placing your home in a trust allows it to bypass the lengthy and costly probate process, ensuring a smooth and quicker transfer to your heirs. 2. You can keep details private. Trusts are not public records, so your assets and their distribution remain private. 3. You can specify exactly how and when your assets are distributed. 4. There can be tax benefits (consult a financial professional for details). 5. They can protect your home from creditors and legal claims, safeguarding your assets for your beneficiaries. 6. If you become incapacitated, a trust ensures your property is managed according to your wishes without court intervention. Message us to see if a trust is the right choice for your situation. 🏠✨ #realestatetrust #estateplanning #estateplanningattorney

🔍🏠📑 From contract to close, real estate attorneys (like us!) make sure your transaction is legally sound. Here's what we do: - Contract Review & Preparation: Ensure your agreements are clear and fair. - Title Examination: Conduct thorough title searches and secure title insurance. - Due Diligence: Discuss possible repair requests with you. - Financial Review: Check loan documents and final figures. - Closing: Prepare documents and represent you at closing. - Post-Closing Matters: Record deeds. - Expert Advice: Provide legal guidance and risk management. We would love to help your housing transaction move forward without a hitch! Contact us today. 🏡 #RealEstateLaw #HomeBuying #LegalAdvice #PropertyPurchase #TitleSearch

💍 Here’s what your prenup will include: 👉 Financial Review: A thorough evaluation of all assets, liabilities, income, and expenses to ensure a clear financial picture. 👉 Discussion and Negotiation: Conversations and agreements on key areas such as division of property, debt responsibility, spousal support, and inheritance rights. 👉 Inclusion of Specific Clauses: Tailored provisions to suit your needs, such as: sunset clauses and infidelity clauses. 👉 Legal Compliance: Ensuring the agreement adheres to state laws and is enforceable in court. 👉 Detailed Review: Confirming all details, including proper signatures and notarization, to ensure the prenup's validity. A prenup isn't just about protecting assets; it's about fostering clear communication and planning for a shared future. Reach out to us to ensure your agreement is comprehensive and valid. 📝💑 #Prenup #FamilyLaw #FuturePlanning

🚫 The Number One Obstacle to Estate Planning is… PROCRASTINATION! ⏳ Estate planning is one of those important tasks we all know we need to do, but many of us keep putting it off. But let’s change that! Set a Deadline to Take Action 📅: Give yourself a clear deadline to start and complete your estate plan. Mark it on your calendar and treat it like any other important appointment. Seek Professional Help 👩⚖️: Consult an estate planning attorney (like us!) who can guide you through the process and ensure everything is done correctly. Having expert support can make the task less daunting. Break it Down 📝: Set aside multiple, small chunks of time to review and answer questions related to each piece of the estate plan. Stay Accountable 🤝: Share your estate planning goals with a trusted friend or family member. They can help keep you accountable and encourage you to stay on track. Reward Yourself 🎉: Set up small rewards for completing each step of the process. Celebrate your progress to keep yourself motivated. Don’t let procrastination stand in the way of securing your family's future. Contact us to get started! #EstatePlanning

🐾 Big News for Pet Owners in Illinois! 🐾 Illinois is leading the way by being the first state to require judges to consider the welfare of family pets in divorce proceedings. Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), courts now "shall take into consideration the well-being of the companion animal" when deciding who gets custody. 🐶🐱 This landmark change ensures that our furry friends are treated with the care and consideration they deserve during such challenging times. If you're navigating a divorce and have pets, it's crucial to understand how this new provision might impact your case. Reach out to us to learn more about how this law can affect your situation and ensure your pets' best interests are protected. 🐕❤️ 📜 Legal Reference: 750 ILCS 5/503(n) #PetCustody #FamilyLaw #IllinoisLaw #Divorce #PetWelfare

🏠 Is a Home Owners Association (HOA) a friend or foe? It all depends on your priorities and whether they offer the freedom and flexibility you need to live your best life. 📜⁠ ⁠ Before you purchase a home, it's crucial to understand what you're getting into with the HOA. Make sure to thoroughly review these key documents:⁠ ⁠ 👉 Covenants, Conditions, & Restrictions (CC&Rs)⁠ 👉 Rules & Regulations⁠ 👉 Bylaws⁠ 👉 Budget⁠ 👉 Meeting Minutes⁠ ⁠ Some HOAs come with strict rules, while others are more relaxed. The vibe of your HOA often reflects the community, so ensure it aligns with your values and lifestyle before signing on the dotted line. ✍️⁠ ⁠ #homeowner #homesale #homebuying #realestate #realestatelaw #hoa