When it comes to estate planning, there is a lot of lingo of which many people aren’t familiar; for instance, power of attorney, living will, and last will and testament. What do these things really mean in the greater scheme of making your last wishes known?

If you speak to an estate lawyer, you will discover that these particular documents are critical to making sure your assets are properly distributed, not only according to the law, but that your legal interests are protected as well. It goes without saying that you would also like your assets apportioned the way “you” want them to be and not at the whim of another.

In general, a will is a document that outlines how you want your assets distributed when you die. It’s funny, but the number one myth many people have about wills is that you have to tell the lawyer drafting the will all your personal financial information, where it is, how to access it, and how much you have on hand. This couldn’t be further from the truth.

The only thing you need to worry about when writing a will is to whom you want your assets to go, what percentages each should receive, and the distribution of special items, e.g. a much loved painting, car, horse or home. That’s it in a nutshell, aside from the legal drama within the four corners of the document itself, meaning the legal jargon that is necessary for the will to meet the legal requirements of the state in which you live.

You will, of course, need to name an executor/executrix to handle the estate affairs once you pass on. Choose well and ask the person’s permission, as this is a very significant job in some instances. The executor figures out all the estate’s assets and liabilities, pays bills, distributes assets according to the will, and in general takes care of the hundreds of other nitpicking details to finalize an estate.

If your will calls for money to be left to a minor, you will also need to name a Trustee. Again, ask the person you want to if it’s ok with them if you do this. Your legal counsel will outline all these details for you when you are drafting your will. If you have a living will, that is another thing and relates to medical treatment, not the disposition of assets.

Primarily a living will tells your loved ones what you wish to do should you be permanently disabled with no hope of recovery. Usually this refers to a coma or a permanent vegetative state. In some states two doctors must certify there is no hope of recovery. Ask your estate lawyer which law applies in your state.

Patrick Warwick is the lead content contributor for Chicago Bankruptcy firm, The Law Office of Jay F. Fortier, P.C.. To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.

Never try to write a will without the assistance of an attorney. There are far too many legal loopholes that may arise and cause untold havoc later. In addition, tax laws and other legal rules that affect estate planning tend to change fairly regularly. Being up-to-date and totally legal when drafting a will is for the benefit of the client who wants to ensure their assets are distributed as they wish – legally and without any hassles.

If there is a provision for a charitable trust in the will, keep in mind that charitable trusts have serious tax incentives. However, having said that, they are not just a tax shelter. They are perhaps the best way possible to make provisions for a charity of the deceased’s choice.

A trust works by primarily transferring assets from one entity to another. Although that may sound easy, there are other considerations that have to be met, e.g. the transfer must be done in an efficient and timely manner. This works by allowing the person to have a stream of income from the trust holdings.

When that person dies the remaining assets in the trust transfer directly to the named charity. While it may sound simple, it isn’t and this is only just the tip of the iceberg. This is why consulting with a well-qualified attorney like The Law Office of Jay F. Fortier, P.C., in Chicago, Illinois, will ensure the trust is set up according to the required rules of law.

Living trusts are another area that Fortier uses in the estate planning process. “A living trust lets clients be remembered in the way they wish to be recalled,” explained Fortier. A living trust may go to a favorite charity or a much-loved heir.

Simply put, a living trust is a legal method of transferring assets from one entity to another. That means the person who places the funds in the trust is the trustor, the person who manages the trust is the trustee, and the person who lives on the trust is the beneficiary.

If estate planning is in the future, make sure to contact a reputable attorney such as The Law Office of Jay F. Fortier, P.C., in Chicago, Illinois. Fortier’s gift of the ability to explain complex situations to clients is superb.

To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.

Before you get so far into the red with your business, you might want to think ahead and have some contingency plans in place if you face tough times down the road. The economy today is not in super condition and we are actually facing a rather serious recession.

In a recession many things happen, not the least of which is people stop buying items they view as “extras.” There isn’t much in the way of discretional funds to spend on things that people once didn’t think twice about buying. Keep that in mind if you are in business during a recession and your product or service is something people deem “nice but not really needed right now.” You may face an uphill battle to stay in business, so having an alternative plan if struggling with a serious decline in revenue only makes good sense.

If you are considering declaring bankruptcy, then the first thing you need to think about is whether you want to continue to operate your business or not, and whether it is viable to do so. Depending on your business’s situation, different kinds of bankruptcy can help you to liquidate the business or reorganize it and continue to run it.

What you really need to know is what your goals are for the future of your business, as there are several routes open to you to declare bankruptcy. This is where your bankruptcy attorney will outline the various options from which you may choose.

The route of bankruptcy you choose will largely also relate to the type of business you own, e.g. partnership, a corporation or sole proprietor. Don’t waste a moment trying to sort out what to do, as this is precisely what you hire a bankruptcy attorney for in the first place. They are there to help you through the process and will outline what you need to know to make an informed decision that is best for you in the prevailing circumstances.

Patrick Warwick is the lead content contributor for Chicago Bankruptcy firm, The Law Office of Jay F. Fortier, P.C.. To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.

Using Chapter 13 will allow those facing bankruptcy to stop foreclosure and save their homes. In fact, Chapter 13 protects equity in the home, helps balance the mortgage default, and helps get rid of other crushing debts.

Things seem to have come full circle in the mortgage industry, swinging from a once booming economy to a recession. Many people recall mortgage lenders used to offer really low adjustable rate mortgages, no money down mortgages, and 100% to 110% mortgage loans. Gone are those days.

Nowadays adjustable rate mortgages have increased from roughly 5% to over 10% depending on who the lender happens to be. Homeowners are faced with suffocating mortgage payments virtually double what they used to be. As interest rates rise, so do the mortgage payments.

Unfortunately, the real estate market is also very soft right now which means homes have not appreciated any in value, not like they used to. They also don’t give homeowners any leeway to refinance and use their equity. As this situation keeps spiraling out of control, Chapter 13 bankruptcy begins to look very attractive.

“Homeowners may file Chapter 13 that would allow them to catch up with their mortgage payments – interest free,” explained Jay Fortier of The Law Office of Jay F. Fortier, P.C., in Chicago, Illinois. Fortier has extensive experience in this area and knows what homeowners are going through when they are faced with rapidly escalating mortgages payments and no extra money to pay them – even if the family works.

Chapter 13 will allow the homeowners to consolidate other financed items (other debts) and in the process, wind up actually saving some money on the interest rates. This break often means the family is able to carry their debt load with dignity and be able, in the long run, to keep up payments.

While Chapter 13 is a viable option in this day and age, the other route consumers may opt for is consolidating credit card debts, medical bills and other loans. In some instances they may wind up only paying back about 10 cents on the dollar. “It’s an attractive option, and one I explain to my clients,” added Fortier.

To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.

Not a day goes by that we don’t read about another company going under and declaring bankruptcy. The statistics are dismal and the numbers keep getting higher as 2009 progresses. Who really knows where it will all end, or if it will?

When a company decides that it needs to declare Chicago bankruptcy, it doesn’t always mean that they have reached a dead end. This is because bankruptcy is considered to be a legal state where a debtor is judged to be insolvent. Once this happens, their property is distributed to creditors and while they may be insolvent, they have a way to still protect themselves. This applies to corporations, as well as individuals.

In the US today there are two kinds of Chicago bankruptcy proceedings they may choose – Chapter 7 and Chapter 11. If a company is choosing to file under Chapter 7, it is deeply in debt and its assets are normally sold to satisfy creditors. For instance, if a person owned a bookstore and the debts were piling up because no one could pay them, all the assets of the store, including fixtures, would be seized and sold to pay bills.

Chapter 11 Chicago bankruptcy is a different kettle of fish, and companies that choose this route are choosing Chapter 11 bankruptcy to restructure their debt. Chapter 11 bankruptcies keep their assets/possessions, subject to court supervision. If a company has the protection of a Chapter 11 bankruptcy, they are usually also able to get loans with favorable terms. In addition, any legal proceedings against the company are put in abeyance until things are resolved in bankruptcy court.

The decision to declare Chicago bankruptcy, no matter what the circumstances, is a difficult one, and it really needs to be discussed in detail with a Chicago bankruptcy lawyer with expertise in this area. Each Chicago bankruptcy case in unique and only a good lawyer will be able to discuss the various options available.

To learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.

The face of family law in America has begun to change from the “expected” divorce, custody and other family issues most people associate with a family lawyer to a legal practice that deals with adoption, trust funds, estate planning, annulments, prenuptial agreements, spousal abuse or writing a will. “In other words, many family law attorneys are finding themselves answering the call of multiple other disciplines in order to serve their client base well,” explained Jay F. Fortier of The Law Office of Jay F. Fortier, P.C., in Chicago, Illinois.

Family lawyers have even been known to handle real estate legal issues as well. Divorce law, while certainly one area that a family law attorney handles, is no longer the major focus of what drives the firm’s expertise. “In fact, given the tough economic times, when tensions are high and people want out of their marriages, they are dealing with more cases of trial separations,” said Fortier.

Many people locked into a marital situation that seems to be a dead end are opting to try trial separation, which is relatively inexpensive, rather than initiate expensive divorce proceedings.

This isn’t to say that a divorce may not be the ultimate resolution of the separation, but in the meantime, the separation agreement still needs to be drafted. “It would include things such as division of material assets, all financial information, pensions, who will get custody of the children and for how long, child support and spousal maintenance, etc,” explained Fortier.

If the divorce appears to be uncontested, the family law attorney will advise the couple that their divorce, should they choose to proceed now, will likely go quickly. The reason for that would be that the agreements have already been drawn up relating to the major issues of a potential marital split. “If the couple does decide to proceed with an uncontested divorce at a later date, using one family law expert may save money,” added Jay F. Fortier of The Law Office of Jay F. Fortier, P.C., in Chicago, Illinois.

To learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.

You might well have a job and even have medical insurance, but found yourself in a situation where you have a severe injury or illness and the bills just got right out of hand. Chicago bankruptcy is not such a far-fetched scenario either. The cost of medical care these days would make anyone think twice about seeking out medical assistance. The reality though is that people have to get medical help when they need it. The nightmare starts when the bills arrive.

Think this talk about Chicago bankruptcy and similar scenarios nationwide might be off the wall and not in the least bit true? Consider this then. Being ill and dealing with high medical bills was directly linked to roughly 62% of all personal bankruptcies in 2007 alone.

Two years later, the numbers have changed, but they certainly have not gone down. In fact, if you do some rough figuring, based on how many current bankruptcies there are now, medical bankruptcies may touch the lives close to 2.3 million Americans or one person every 15 seconds. Chilling thought, isn’t it? Chicago bankruptcy may be just around the corner.

Here is another statistic that will disturb you as well, considering we were mentioning that medical bankruptcies happened to people who had a job and health insurance. Most of the medical bankruptcies were smack dab in the middle class before the bills hit. Many were college graduates and/or had previously owned a home or two.

The scariest figures are the ones showing prior to a serious illness that led to bankruptcy, close to 78% had health insurance, and 60% had private insurance. Many had health coverage at the time they were forced to declare bankruptcy.

It should come as no surprise that if people are forced into choosing Chicago bankruptcy due to medical bills, then they also face a very real risk of losing their home. No home in some cases means homelessness. Not too much of a stretch to get there these days either.

In situations like this, you really need to speak to an experienced Chicago bankruptcy lawyer to get a thorough understanding of what your options are and how to handle your situation.

Patrick Warwick is the lead content contributor for Chicago Bankruptcy firm, The Law Office of Jay F. Fortier, P.C.. To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.

There are some plus points you need to know about making the tough decision to declare personal bankruptcy and contact a Chicago bankruptcy lawyer. For instance, it certainly deals with the stress caused by creditors that harass you incessantly for payment. When creditors learn you have declared bankruptcy, they can no longer call you; instead they would be dealing with a third party who will take care of all debts.

The other very attractive result of declaring personal bankruptcy with the assistance of a Chicago bankruptcy lawyer is the fact that you will be paying less once the process is started, as the third party administrator will set the terms of payment. While the creditors might not like the terms of payment, they have to follow them.

Often it’s best if they reconcile themselves with the point of view that it’s better to have some money, than none at all. Once you have discharged your bankruptcy, creditors can’t chase any of your debts that have been written off.

The down side to making this decision is that items like student loans and company loans may be excluded. This is one of the reasons why you need to talk to a highly qualified Chicago bankruptcy lawyer to find out the specifics of declaring personal bankruptcy in your particular situation. If loans are excluded, then you have to pay for them even when your bankruptcy is discharged.

Unless the bankruptcy is Chapter 13, once you declare bankruptcy, you may lose control over your house, other assets, and your business (yes, there are some exclusions, so discuss this with an expert Chicago bankruptcy lawyer). In many instances, a trustee would take over everything, sell it and convert it to cash to pay off creditors. Again, every case is different, and you really need to consult with a skilled bankruptcy lawyer to find out how your case would be handled.

Another problem that sometimes raises its ugly head is that once you’ve been declared bankrupt you may have problems getting a new current account. In addition, all the fees associated with going this route – court fees, insolvency fees and other related expenses – are taken out of your assets.

Sadly, despite the circumstances of your personal bankruptcy, you may find it very difficult to get credit in the future, unless you deal with lenders who specialize in prior-bankrupt credit. It’s a fact of discharged or undischarged bankruptcy life that makes gaps in your credit record, and whether or not they actually are due to a bankruptcy, they are assumed to be bankruptcy.

There are others disadvantages to declaring personal bankruptcy and if you choose the right Chicago bankruptcy lawyer, they will outline all of them so that you are able to make an informed decision. It’s a gut wrenching decision and not one to be taken lightly, that’s why you need a lawyer who won’t pull any punches with you and will tell you like it is.

Patrick Warwick is the lead content contributor for Chicago Bankruptcy firm, The Law Office of Jay F. Fortier, P.C.. To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.

While a person facing bankruptcy may feel that their only option is to file, speaking to an attorney with extensive experience in this area may provide a totally different point of view. “It may not be the right option to proceed with and finding out prior to filing is much better in the long run than finding out later when it’s too late,” indicated Jay F. Fortier of The Law Office of Jay F. Fortier, P.C., in Chicago, Illinois.

When a person is considering filing for bankruptcy, it makes sense to consult with an attorney, not just because of the expertise they bring to the table, but also because of any changes to the bankruptcy code that they would know about because they practice in that area. It’s a lawyer’s job to make sure they are current with all the legislation pertaining to their areas of practice.

To say that finding one’s way through the maze of bankruptcy rules and regulations, plus keep up with changes to the code is almost impossible without being a lawyer is an understatement. “One of the changes deals with preventing the abuse of the bankruptcy statute – meaning politicians wanted to make sure people really needed to go bankrupt and didn’t just want to avoid paying their bills,” said Fortier.

The addition of that particular section into the code arguably made the whole process of filing for bankruptcy a bit of a mare’s nest, not to mention much more complicated. On top of that, many argued that it failed to provide any benefits for creditors or consumers.

This is still a vociferous debate with no answer in sight, but suffice it to say that when the bankruptcy court judges are still having difficulties interpreting what some of the changes mean, that can’t be good – for anyone involved in the process.

“Having a bankruptcy lawyer is the smartest move in order to make sure all the legal requirements for filing are in place, otherwise attempting to do something like this alone may wind up costing a person their financial future,” added Jay F. Fortier of The Law Office of Jay F. Fortier, P.C., in Chicago, Illinois.

To speak with a Chicago bankruptcy lawyer or learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com

Let’s face it, getting a divorce is extremely difficult for all parties and has been called by many psychologists a form of death. There are very few divorces that could be classified as “easy,” with most of them falling somewhere between acrimonious and contentious.

The process of divorce deals with many issues, not the least of which is the division of assets, child custody, support or maintenance for the spouse and visitation rights. “Since these issues are all dealt with differently in each state, make sure to ask your lawyer what happens in your home state and what you will need to do to file and get through it all,” advised Jay F. Fortier of The Law Office of Jay F. Fortier, P.C., in Chicago, Illinois.

In Illinois when someone files a petition for dissolution of marriage, the divorce may be deemed to be either a “fault” divorce or a “no fault” divorce. Again, this is something that needs to be checked with a competent attorney familiar with divorce law, as each state has slightly different classifications for divorce petitions.

“For a no fault divorce, the spouses need to have been living apart for at least 2-years or longer. They must cite irreconcilable differences as the reason for their petition” explained Fortier. On the other side of the coin, is a spouse who has cheated, is impotent or abuses substances and these are the reasons the marriage came apart. This is definitely a fault divorce.

Other issues that need to be dealt with during a divorce include the division of joint property. “There are a variety of conditions/circumstances that apply to whether or not an asset purchased after marriage is eligible to be split up. The distinctions here have to do with the difference between marital and non-marital assets,” outlined Jay F. Fortier of The Law Office of Jay F. Fortier, P.C., in Chicago, Illinois. The lawyer dealing with a divorcing couple will need to run down the conditions to keep both parties informed of what is required by law.

Child custody is another “hot button” issue that has the potential to get quite ugly, as one parent usually wants more access to the children than the other parent is prepared to give. “In really contentious situations, the courts do take a child’s wishes into consideration when making any custody decisions, however their overall well being relating to mental, emotional and physical development may override those wishes,” added Fortier.

If faced with the difficult decision of divorcing a spouse, make it a point to retain a skilled divorce attorney who is able to assist in making the divorce process go as smoothly as possible.

To speak with a Chicago bankruptcy lawyer or learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.

Think twice before drinking and driving, or the consequences may be something greater than expected. It’s not just about a harmless drink or two or three, it’s about getting behind the wheel of a deadly instrument and causing severe injury or death to an innocent person who may have been in the wrong place at the wrong time.

The problem with DUI these days is that even though people know it’s not smart to drink without a designated driver to drive, they do it anyway, largely because they feel that nothing will happen to them. While that may be the case a time or two; there will come a day when the results of drinking and driving catch up in a very memorable and possibly deadly manner.

Each state tends to have its own set of DUI laws and it’s best if charged with a DUI to speak with an attorney who has experience in this area, such as Jay F. Fortier of The Law Office of Jay F. Fortier, P.C., in Chicago, Illinois. A good lawyer, with lots of DUI experience, may be able to get the case totally dismissed or the sentence (if any) mitigated. “The other important thing to remember is that if constitutional rights were violated, then the attorney needs to know immediately,” added Fortier.

When stopped for a DUI, don’t volunteer anything, and don’t take the roadside tests. It may mean a trip to the local jail, but if an attorney is called and is present at the station, it may make a difference in the disposition of the charges. “The only person that needs to hear all the details is the attorney, as anything else has the likelihood of being used against the person later,” outlined Fortier.

It’s important to seek a skilled DUI attorney for another reason as well. The charges may vary and the attorney needs to know precisely what the charges are in order to mount an effective defense. There are some instances where the person charged may request a jury trial if they truly believe they are innocent and are not interested in the options presented to them when they went through arraignment.

While a jury trial is an option, it is a complicated procedure requiring witnesses and various other experts and may not have the hoped for outcome. This is when having a highly skilled DUI lawyer present in court such as Jay F. Fortier of The Law Office of Jay F. Fortier, P.C., in Chicago, Illinois, will assist with the possibility of a sentence reduction or dismissal of the case.

To speak with a Chicago bankruptcy lawyer or learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com

One example of a misdemeanor happens to be vandalism, and in this poor economy, it seems to be on the rise as an outlet for some troubled youth. What better way to blow off steam than to paint the side of a building, a house or a bridge? “While it may seem just like a childish prank at the time, vandalism is actually a chargeable offense – a misdemeanor or other more serious charge,” said Jay F. Fortier of The Law Office of Jay F. Fortier, P.C., in Chicago, Illinois.

The legal definition of vandalism is the “willful or malicious destruction of public or private property.” “This particular definition covers a wide range of acts that would include graffiti, throwing eggs, damaging road signs, breaking windows, slashing tires, defacing a church, destroying mail boxes and keying another person’s property,” said Fortier. They may initially be seen as gang pranks, something to do for the fun of it. However, if caught, the perpetrators will face having to pay for the destruction caused.

Depending on the seriousness of the vandalism, charges may fall into either the misdemeanor class or kicked over to a felony. “What makes a vandalism charge a felony is the amount of damage done and whether or not there happens to be a previous criminal history,” outlined Fortier.

The differences in charges are usually based on the dollar value of damages. For instance, acts of destruction totaling $400 or less may be classified as a misdemeanor, which doesn’t require jail time. However, having said that, it may be just as likely to be given a year in jail plus a hefty fine, community service, restitution and possibly probation of some sort.

On the other hand, felony vandalism usually clocks in at over $400 with jail time attached to the sentencing, fines, extensive community service and formal probation. There are some instances where a driver’s license is suspended as well. This isn’t an area of the law that people should be messing around with, thinking that it’s all fun and games.

Facing vandalism charges requires the services of a qualified lawyer with experience in this area, such as The Law Office of Jay F. Fortier, P.C., in Chicago, Illinois. Don’t try and bluff through the charges, or the chance of having the whole thing backfire is quite high. A skilled attorney will evaluate the case and determine the best way to defend the charges.

To speak with a Chicago bankruptcy lawyer or learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.

While running a small business may be a joy, and the very thing you have always wanted to do with your life, sometimes economic reality hits hard. The reality these days is that the overall economy of the nation is suffering so badly that people have all but stopped buying things they consider to be a luxury or unnecessary.

If you own a business that caters to people who had disposable income prior to the recession, you will be feeling the economic pinch now. Unless your clientele is high end, rich and famous people who always seem to have money, your business may be in deep trouble. Many entrepreneurs try to make it against all odds and will juggle payments madly to keep from going under.

Interestingly, especially these days, is the fact that many banks, etc., are willing to barter the debt down, particularly if there is help from a credit counselor. This type of intervention will often make the difference to the enormous debt small businesses are facing by reducing it to perhaps as little as a few cents on the dollar.

While the bottom line here is that the bank does not get back its full initial loan, they are getting some return on the dollar, and this is a much more equitable solution to both parties rather than the final knell of bankruptcy. With a bankruptcy, the banks would lose the full debt owing, thus any return on their initial investment may be a welcome solution to a difficult situation, thus allowing the business to continue and the bank to recoup some of their funds.

If this kind of solution does not work because the businessperson was unable to make the negotiated payments, then all the assets of the business are sold and the cash is given to the bank(s). There are other solutions to ride out the worst of the recession, and those include snagging low rate loans, divesting yourself of expendable assets, finding an Angel investor, and asking employees if they are willing to take a pay cut to still have a job.

Patrick Warwick is the lead content contributor for Chicago bankruptcy firm, The Law Office of Jay F. Fortier, P.C.. To speak with a Chicago bankruptcy lawyer or learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com

Most likely, if you are seriously thinking about declaring personal bankruptcy, it took a lot to get you to that point. You have concerns about that appearing on your credit history and making a mess of your credit. It’s not like you “planned” to go bankrupt. It just snuck up on you as a series of incidents you weren’t expecting that made a significant change in your financial situation.

You may be faced with some astronomical medical bills, have been laid off work or are in the throes of a divorce. Bankruptcy is never an easy decision and it’s best that you know some things about the process before you make the final decision.

Declaring yourself bankrupt is a hassle and nothing will change that, but if you don’t do that, the hassle from the debt collectors could be even worse. While many people regard bankruptcy as a negative resolution to a problem, it may actually be considered a positive step towards clearing up your financial future.

Don’t be concerned about having a completely destroyed credit rating for the rest of your life. This is a myth. When you have cleared your bankruptcy, usually a 7 to 10 year process, your credit history is cleaned up and you may start all over again. Yes, it may seem like a long wait, however in the meantime you will have learned some valuable money management lessons and will be in a good position to re-establish your credit.

Many people also think that you can only file bankruptcy once in a lifetime. This is not the case either. You may file Chapter 13 every time you find yourself in need of doing so. If you are referring to a Chapter 7 bankruptcy, you would have to wait 8 years to file again should you find yourself in the same boat twice.

The idea behind filing personal bankruptcy is that it protects you (the debtor) from losing all of your possessions while working your way out of debt. This is one of the first things you and your bankruptcy attorney will discuss when you meet to talk about filing bankruptcy.

With the assistance of a competent bankruptcy attorney, filing for bankruptcy, while still difficult emotionally, is a made a lot easier by the solid advice you will receive from the lawyer. Your lawyer will be able to advise you every step of the way and make the whole process much less stressful.

Patrick Warwick is the lead content contributor for Chicago bankruptcy firm, The Law Office of Jay F. Fortier, P.C.. To speak with a Chicago bankruptcy lawyer or learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com

It’s not easy to do estate planning, and the very thought of sitting down with a lawyer and telling him or her what you want to do with your assets when you die just gives you an odd feeling. Often it’s also hard to know where to start, what to give to whom, how to gift it, and whole raft of other burning questions you need to ask your attorney.

If you don’t know what estate planning is, it’s sitting down and getting your finances in order for those left behind when you pass on. While you might not enjoy doing this, it will make people’s lives easier later. It’s not a lot of fun dealing with an estate that no one took the time to pre-disburse in accordance with the principles of sound estate planning.

If you want a certain someone to have something of yours, this is the time to enshrine that wish in your will. If you wait or don’t do it, that gift may wind up in probate and not go to the person you wanted to have it. Sure, it’s natural to want to put this kind of planning off because it’s hard to think about dying. However, the best time to begin this kind of task is when you start to amass assets – like your home, investments, real estate, etc. Planning now is the smart thing to do.

Perhaps you might think you don’t have enough assets to be put into a will. That isn’t the point though. The point is that you want certain things to go to your family and not to the government. All our lives we give to the government, in death it is time to gift our families. This means you may have any wish you want expressed in your will and legally your family is bound to abide by your wishes later.

The will acts as the central point to estate planning and actually does the deed of tying all the finances and other estate details together. So once the will is done, it’s time for some down to earth and clever planning, dealing with assets such as annuities, investments and retirement funds. Choose your beneficiaries, and make sure they know they are being named in that capacity, and, if you wish, what you plan to leave them. This is a personal decision, and you may also choose not to divulge your plans.

Be aware that there are many kinds of tax implications that go hand-in-hand with estate planning, so make sure the attorney you are consulting gives you the full run down so you are totally informed. Don’t attempt to do estate planning on your own. The chances of failing miserably are quite high, not to mention the fact that there are way too many gray areas in this area of the law that may ultimately trip you up later.

Patrick Warwick is the lead content contributor for Chicago bankruptcy firm, The Law Office of Jay F. Fortier, P.C.. To speak with a Chicago bankruptcy lawyer or learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com

The whole debt collection usually kicks into gear when someone (the borrower) defaults on payment owed to a creditor. Even though the creditor may have tried various routes of getting the money back, trying to get blood from a stone just didn’t work. The decision was made to use either a debt collection agency or a debt collection lawyer. On reflection, the debt collection lawyer was the ultimate choice for their ability to be versatile in the debt collections process.

Debt collection attorneys are able to help a client with things like student loan collections, credit cards being delinquent, stalled installment loan collections and consumer debt collections. After taking a good hard look at the collection file, it’s the attorney’s job to figure out which route will best achieve a collection judgment result for their client.

Like debt collection agencies, debt collection attorneys are required to meet the rules and regulations of the federal Fair Debt Collection Practice Act. The Act simply governs the actions a debt collector may take while attempting to collect on a debt. This service does not tend to come cheaply and may cost the creditor an hourly fee, one-third the amount recovered or perhaps even both. Speak to your attorney about how s/he handles these kinds of cases.

If you have any doubts about how to proceed on a collection after exhausting all your usual routes, make it a point to discuss your collection needs with a highly skilled debt collection attorney. It only makes good business sense to get some return on your initial billing, rather than have nothing to show for it in the long run. In other words, in cases like this, if you have done what you could and did not recover the outstanding debt, it’s time to spend money to recover money.

Patrick Warwick is the lead content contributor for Chicago bankruptcy firm, The Law Office of Jay F. Fortier, P.C.. To speak with a Chicago bankruptcy lawyer or learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com

Filing for a bankruptcy is one of life’s more challenging moments, guaranteed to be a gut-wrenching experience. It’s a tough decision to make when someone’s hopes and dreams have been incorporated into a business. It’s a very personal decision as well and goes to the heart of how a person was striving for success and failed.

While some regard the bankruptcy process as a way to get out of debt, there are things that people don’t know – things in the fine print they need to be well aware of before acting too precipitously. Last year’s small business bankruptcy statistics are a bit on the dismal side, clocking in at a high rate of roughly 65% of small businesses going under. Sure, some of it might have had something to do with the economy, but that is just the tip of the iceberg when it comes to reasons.

The real reason for most of the small business bankruptcies is that the owners came face to face with a major cash crunch. Debts outstripped their income and they had no money to pay off the bills. While this can happen to any business, it hits a small business even harder, as they tend to have more of their personal resources invested in their enterprise.

By the time things have gotten too overwhelming to handle, the owner would have the option to declare Chapter 11 or other applicable chapter suitable for a small business bankruptcy. To do this requires the services of a skilled bankruptcy attorney.

At this point, the attorney and client sit down and discuss what kind of company the owner operates; e.g. if the company a sole proprietorship or not. If it’s a sole owner, s/he doesn’t need to ask for anyone else’s consent to file for bankruptcy. On the other hand, if there is a partnership agreement in place, joint consent is needed to file. In any event, the services of a skilled bankruptcy attorney are crucial in order to file bankruptcy under the proper chapter and in the proper manner.

To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.

For the most part, juvenile crime is considered to be criminal acts that are carried out by minors, and while we seem to “get” why adults commit crimes, it’s harder to figure out why juveniles do. This means society is at a loss for what the causes seem to be and therefore, what to do about this type of crime.

Most often the types of crimes juveniles (teens) are involved in involve drug use, illegal drug sales, bullying, vandalism, assault and battery, and gang violence. Evidently statistics show there are a number of possible factors that would encourage teens to commit crimes; e.g. drugs present in the teens environment, domestic violence, family alcohol problems, and dysfunctional families.

If there is violence at home, it’s not too much of a stretch to imagine that what teens see at home will be repeated on the streets. This is normal behavior for them and they have nothing to compare. If firearms happen to be in the home, this kicks the risk factor up another notch. Add into the mixture all the gratuitous violence in the media and there is a recipe for disaster.

Politicians are often pressured to make a difference in the juvenile crime rate: to stop it, to deal with gang violence and the drug problems. The difficulty is, most programs that exist today to deal with “juvies” are programs that kick in after an offense has taken place. There is nothing effective that deals with at risk youth prior to them offending.

Generally speaking juvenile crime starts at home, which then makes this whole issue one that needs to be addressed by society as a whole. Where to start remains the burning question of the day, with rumblings that youth need a suitable alternative to gangs. What those alternatives may be remains vague. In the meantime, juvenile crime continues to be an issue, and attorneys who deal with this area of the law strive to do the best they can for their clients.

If ever there is doubt about how to proceed when a youth has been charged with a crime, make it an immediate point to contact a highly skilled juvenile attorney and find out what rights the youth has in the criminal justice system.

To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.

Collections calls have a tone all of their own and many of them are less than polite. Whether or not you do owe money does not mean collections personnel have the right to harass you in the privacy of your own home. You do have rights, even as a debtor, and threatening calls day or night are out of line.

If you are receiving these kinds of calls at home, do two things. First check your state legislation to find out what the law is in your state about getting collection calls. Then contact a skilled attorney to get the rest of your questions answered. You should know that there is something called the Fair Debt Collection Practices Act that outlines when a debt collector may call.

If you do owe the money the collector is trying to get you to pay, but don’t have the means to deal with the bill, seek credit counseling rather than let the debt collection process continue. If you don’t do this, the debt collection process will escalate and you may find yourself in court or with your wages garnisheed. Making payment arrangements with the help of a debt counselor will get the bill collectors off your case so they won’t ruin your credit rating any further.

Again, whether or not you do owe the bill, you are still protected by law from being harassed by debt collectors and they are not allowed to call during times known to be inconvenient. Depending on where there are calling from, this might be a bit hard to avoid, given time zone differences.

Here is another tip that many people don’t know: if you have sent collectors a cease and desist letter, they may not call you, with the exception of one time once they receive your letter. They do not have the right to call you at work and put your job in jeopardy either, and most definitely they are not allowed to call you while you are in the hospital or a nursing home.

For further information on your rights in this area of the law, contact a highly trained attorney who has experience in dealing with these situations. S/he will advise you on what collectors may and may not do.

Patrick Warwick is the lead content contributor for Chicago Bankruptcy firm, The Law Office of Jay F. Fortier, P.C.. To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.

Generally speaking, the definition of estate planning is the distribution of assets after your death to people, organizations or causes with a minimum of fuss and legal ramifications. No, this is not just for the wealthy; it is for anyone with an estate, no matter how big or small. However, having said that, it’s a good idea not to wait until you are older to do this.

The best time to plan out your estate distribution is when you are alive and healthy and mentally competent to do so. Waiting until you are older does not always guarantee that your mental capacity is as sharp as it once was. The other reason not to wait until later is that if an estate plan is made and the mental capabilities of the person are in question, this virtually guarantees a challenge, which is not a good thing for the beneficiaries.

Think ahead when doing estate planning; plan when you are well and “with it” and cognizant of the ramifications of your decisions. Estate planning needs to take into account just about any “glitch” that may arise, which is why this kind of asset distribution needs to be done with the assistance of a thoroughly competent estate planning attorney.

Don’t know where to start with estate planning? Here are a few simple ideas, but again, it is best to discuss the whole process with a skilled attorney. Make a list of all your possessions, or at least the ones you wish to gift to others, which may include your house, land, cars, boats, cash, savings accounts, stocks, bonds, art, furniture, and/or interests in a business, etc. Just remember debts and other obligations are also a major part of your estate as well.

While you are making a list, outline who your beneficiaries are and flesh out that information with names, addresses, ages, etc. Name an executor or executrix and draft a list for them of any other agreements you may have: e.g. pre-nuptial, post-nuptial, other wills, property deeds, etc. When in doubt, consult with your estate planning attorney. Remember, this is an ongoing process and needs to be updated every time your life circumstances change.

Patrick Warwick is the lead content contributor for Chicago Bankruptcy firm, The Law Office of Jay F. Fortier, P.C.. To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.

Just because there is a bankruptcy in a person’s credit history does not ultimately mean that they will never be able to buy a home after a lender does a credit check. While a bankruptcy notation does stay in a file for about ten years, it doesn’t mean that some form of credit isn’t available to people in this situation.

“In fact, and this is interesting,” said Chicago bankruptcy lawyer Jay F. Fortier, P.C.,” there are various creditors who deliberately search out people who have been through a bankruptcy simply because they now have a clean financial slate, and that would mean it would be easier to make monthly payments.”

While this may seem a bit perverse, offering more credit to someone who has just gone through bankruptcy because they were unable to handle their debt load in the first place, evidently creditors are having a certain level of success extending them more credit. This may come in handy if that credit happens to apply to purchasing a home. “The interest rates will be higher, due to the bankruptcy on file, but a loan is still likely available through some lenders,” added Fortier.

Even if the interest rates are higher to begin with, if the payments are met consistently over the period of the loan, this will greatly improve the credit rating over time. Any time a person is able to demonstrate that their bankruptcy is in the distant past and there have been no problems paying loans or bills since then, credit ratings are upgraded.

“One of the best ways to restore a credit rating after bankruptcy is to actually buy a house, and then maintain regular payments,” outlined Fortier. So while going bankrupt will create some problems with a person’s credit history, it is entirely possible to restore that history to a healthier one. It’s a matter of personal choices. The choices to make the payments consistently, refrain from irresponsible spending, and keeping current with other financial responsibilities.

While restoring a tarnished financial history is possible, it won’t be accomplished without some glitches along the way. These problems, as well as how to decide if bankruptcy is the right solution, are subjects to discuss with a highly trained bankruptcy lawyer such as Jay F. Fortier, P.C., in Chicago, Illinois.

To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.

The bottom line in any case of someone considering a divorce is that they need to know what they are doing, as each state has its own set of divorce laws. With different divorce laws come different legal requirements. So, before deciding to do the deed, make sure a qualified Illinois divorce lawyer is consulted, such as Jay F. Fortier, P.C., in Chicago.

“While adultery is the most common ground for divorce in Illinois, there are other reasons as well — including abandonment, mental or physical abuse, and irreconcilable differences,” explained Fortier. Out of this shopping list of grounds, the one that is usually the easiest to use is irreconcilable differences. This basically means that the spouses are unable to speak civilly to one another in a peaceful manner or they both want something different.

“In other instances, our office has dealt with substance abuse cases (drugs and alcohol) that are affecting a marriage,” stated Fortier. “In these cases the person filing for divorce must prove the abuse has been happening for at least two years.”

Other grounds that may be used to obtain an Illinois divorce deal are impotence and the transmission of a venereal disease. When dealing with impotence, it must happen at the time of the marriage and continue at the time of the filing for the divorce. “Conviction on a felony charge or other crime may also be grounds for filing a divorce,” added Fortier.

A skilled divorce lawyer such as Jay F. Fortier, P.C., of Chicago, Illinois, will be able to advise their client of all the grounds for divorce and also discuss the alternative of legal separation as well. There is a hard way and an easier way to get a divorce in Illinois, and when faced with a choice, many people wish to opt for the quickest, easiest, and least expensive route possible. In some cases, if they qualify, they can go the no fault route as well.

To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.

Odd as this may seem, a great number of people seem to think that just because they have a prescription for a drug that it is OK to drive while under its influence. Such is not the case in Illinois, and you will find this out the hard way if you are pulled over and stop checked, and the officer feels you are driving impaired. In plain English, any drug that impairs your ability to drive is banned under the Illinois DWI law.

Illinois also has a statutory blood alcohol (BAC) limit as well as an impaired driving provision. When referring to the stat blood alcohol limit, it is .08 which means if you happen to be stopped for any reason and take a test that says your BAC is at or over .08, you are automatically legally guilty of DWI. This applies even if your driving didn’t seem off kilter.

Having said that however, there is an exception to the rule and that is, even if you have a lower level than .08, if you have ingested anything to drink or have taken any type of drugs and your driving is less than stellar, you may be charged with DWI. Of course if the BAC is higher than .08 consider your license gone for 90 days. Once your license is suspended you have a 45-day grace period to fight charges and still continue to drive. On day 46, unless you have contacted a highly skilled DWI attorney, your suspension is a done deal.

Many DWI attorneys tell their clients to refuse to take the BAC test and call them right away. While this is good advice, if something does happen that messes up the usual process of your lawyer being able to mitigate charges, or get them dropped, you may lose your license for 6 months. If you are subsequently convicted on a first time offense, the law mandates a one-year suspension, so you can see why you would want to speak to an expert DWI attorney as quickly as you can.

The best advice any competent Illinois DWI lawyer can give you if you drink and drive in Illinois and are stopped, is to call an attorney immediately and do not speak to anyone until your attorney arrives.

Patrick Warwick is the lead content contributor for Chicago Bankruptcy firm, The Law Office of Jay F. Fortier, P.C.. To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.

An expungement is, by definition, a court filing that erases your arrest and non-convictions from your rap sheet. Don’t misunderstand this process and think that expungement means wiped out, as that is not the case. Court records with your early misdeeds still exist and are merely sealed and only made available in extremely limited circumstances. One such instance would be in the case of a new conviction.

Are expungements expensive? They tend to be, but if you are wanting to get on with your life, get a job, maybe a loan for a house, a license for some occupation or security bonding you need to have a clear criminal record. Without an expungement your criminal history is there for everyone to find out about and that makes it highly unlikely that you will get hired for any job, be granted a license for anything or even get a loan.

This is a way to clean your legal record and allow you to tell people you have never been convicted or arrested for a crime. Add to this, if an employer does do a background check, if you have opted for expungement, there will be no record in existence for you that they are able to find.

Again, it is important to understand that when criminal records and mental health records are expunged, they are not erased. They are simply sealed and sent to a special facility that stores records of this nature. While they can’t be deleted, they do get tucked away out of sight where law enforcement and ordinary people (employers) won’t find them. If however, you wind up back in court charged with another criminal act, your expunged records may be accessed by court order.

Another thing to note is that there are some records that can’t be expunged, and those deal with civil lawsuits and property deeds. If you need expungement of something in your past, make it a point to discuss this with a qualified lawyer. The lawyer will advise you that generally speaking you may have a criminal offense expunged if ten years have passed since you completed your initial sentence.

As always there are usually exceptions to the rules and regulations and the best way to find out if you are indeed eligible for expungment is to consult with a highly skilled attorney.

Patrick Warwick is the lead content contributor for Chicago Bankruptcy firm, The Law Office of Jay F. Fortier, P.C.. To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.

Felonies are the more serious categories of crimes, with a conviction meriting state jail time for more than a year. In more serious cases, the penalty may be death. On the other hand misdemeanors, while still serious in terms of leaving a person with a criminal record that haunts them for the rest of their lives, often hand out prison terms of less than a year in county jail.

Within the two major categories are sub-categories that break down according to the severity of the crime. While neither of these two major categories are ones that people want to get charged with, the fact is life happens and so do criminal acts. If a person is about to be charged with a felony or misdemeanor, then it’s time to call Jay F. Fortier, P.C. of Chicago, Illinois, a noted criminal defense lawyer and aggressive litigator.

While superb litigation skills go a long way toward dealing with criminal charges, so does the cooperation of the person charged. A good criminal defense lawyer is unable to be of assistance if his or her client does not spill the whole story and holds any of the details back. Fortier knows this and makes it a point to tell his clients that nothing they say to him ever goes anywhere else. A good client rapport is crucial between the attorney and client.

“It does not matter if the client happens to be guilty of the charge as laid, that client is still entitled to a criminal defense,” stated Fortier. Indeed, that is the whole foundation the criminal justice system is built on in the United States, and we need to remember that those charged with crimes may not be guilty just because they have been charged with an offense.

The most serious misdemeanor is called a Class A misdemeanor with a jail sentence of a year or less and usually a fine of some sort. Class B misdemeanors usually don’t get jail terms that go over 180 days. Class C misdemeanors usually carry fines alone. None of this is set in stone and contacting a competent criminal defense attorney such as Jay F. Fortier, P.C. in Chicago, Illinois, will make an enormous difference in the outcome of the criminal charges.

If faced with a felony crime, don’t waste time talking to anyone except a first class criminal defense attorney, as the stakes in those cases are far higher. Contact Jay F. Fortier, P.C. immediately.

Patrick Warwick is the lead content contributor for Chicago Bankruptcy firm, The Law Office of Jay F. Fortier, P.C.. To speak with a Chicago bankruptcy lawyer or learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com

If investing money is something that appeals to a person, the first question usually becomes where to invest. Fair question and one that makes a great deal of sense, as there are so many ways to invest money it would almost take a crystal ball to figure out what would be the best method.

Well, crystal balls do not necessarily work that well, so contacting a financial advisor with extensive experience makes good economic sense. If that same financial advisor also happens to be a highly trained lawyer, as in the case of Jay F. Fortier, P.C., then this is even better. Fortier understands the highly diverse financial markets and the necessity of giving straightforward and down to earth investment advice.

No one leaves Fortier’s office without completely understanding all the ramifications of what they are choosing to do, in what they are investing, and what those investments may mean for the future. Fortier is particularly skilled at managing investment portfolios and reducing any risks of costly investment errors.

This isn’t the easiest field in which to offer advice, given the vagaries of the market, especially during a recession. Fortier knows this and is very particular about making sure his clients know precisely where they stand when they choose to invest. There are two basic categories of investment vehicles that come into play when investing – indirect/collective and direct forms.

Direct forms of investment are typically company shares, bonds, government bonds, or gilt edged stocks (an issue considered to be high grade).

These vehicles are traded on the stock market and suffer up and down prices tagged to market supply and demand. Securities that have superior performance are in high demand, in short supply, and of course, priced higher. Naturally, a higher price with a good performance means a good ROI.

Bonds usually have a fixed interest rate paid on the face (loan) and offer a guaranteed return of the amount of the loan at maturity. While bonds might offer less risk for investors, the ROI is lower as well.

Indirect investment means spreading the risk by sharing with other investors who have the same approach to investing. This means varied investments/collective investments handled by a fund manager who keeps tabs on the investment performance. The investors in the shared risk pool share the resulting wealth, if there is any.

Investing money is a task often accompanied by fear. Contacting a noted financial advisor such as Jay F. Fortier, P.C. takes the fear factor out of the equation and adds in solid, knowledgeable advice based on Fortier’s expertise in this field.

Patrick Warwick is the lead content contributor for Chicago Bankruptcy firm, The Law Office of Jay F. Fortier, P.C.. To speak with a Chicago bankruptcy lawyer or learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com

Every U.S. state has laws that outline what ‘real estate agency’ means and the laws cover buyer agency, dual agency and seller agency. There is the odd state that still has an exception for “facilitators” as no agency relationship has been set up. The foundation of agency law is that it defines a relationship between an agent and his or her client (or principle) and outlines the specific duties of each person.

In the state of Illinois, that agency statute defines the agent’s duties to a client and they include disclosure, accounting, loyalty, obedience, care and confidentiality. All this really means in plain English is that the client’s interests MUST be placed above the agent’s interests. The one exception to this is when the client makes illegal demands.

This is not just a one-sided agreement either, as the client has certain obligations to fulfill as well. For instance, the client (ideally) should treat the agent honestly, pay the agent as agreed, and cooperate to reach their shared goal (e.g. buy a house). Of course, there are going to be instances where the client and/or agent don’t live up to their promises. If this happens, it’s time to speak to a highly qualified lawyer who is able to sort out what went wrong with the agency agreement.

Above all, be sure you have a copy of any agency agreement you have entered into with another person to perform a service. Keep track of any and all financial transactions, notes of meetings, emails, and phone calls. Your lawyer will need to know if the agency agreement was set up for a lawful purpose and what type of agreement was entered into.

An agency may be oral or written (the smart money is on a written agreement) or even implied, through actions or words. Once such an agreement is set up most parties take it seriously. Naturally, if the agent has talked about his or her role, goals, rate of pay, etc. with a customer and they have agreed to work together, that is an agency agreement.

On the other hand, there are situations where there is no agency created; for example, merely answering questions about a situation such as how does the stock market work or replying to questions about an open house. These types of questions are referred to as ministerial and the person asking them is only a potential client.

If any further advice or information is exchanged there is the potential to move from speaking to a potential client to representing the client (particularly if advice is then given.) There is a fine line here and it should not be crossed or an unintended agency relationship might be created.

This is a complex area of the law, and if you have any questions about whether someone truly represents you or not, then it is wise to speak to a qualified, top-notch attorney to discuss concerns about your situation.

Patrick Warwick is the lead content contributor for Chicago bankruptcy firm, The Law Office of Jay F. Fortier, P.C.. To speak with a Chicago bankruptcy lawyer or learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com

It’s sad, but true, far too many people have no succession plan in place for their life’s hard work – their business. Whether it’s a succession plan or even an exit plan, it is imperative there be one in place for the future. This may shock you, but virtually 90% of businesses surveyed admitted they had no such plan in place.

A few had a general idea that another family member (who no one had even spoken with yet) would take the business over or that someone in the future would buy it, which may or may not happen. Succession planning is far more critical than you may think and is important for the current state and future of your business. This goes to the heart of your business and affects things like business continuity, continuing a business relationship with your employees and customers, as well as managing a good return on investments.

A succession plan needs to be more than “Oh, Johnny will take over when it’s time for me to retire.” Johnny may have a few thoughts of his own on that, and they might not include taking over the family business. A succession plan also needs to address bigger issues aside from who will continue the business. It needs to address the total integration of all aspects of the business in eventual transition.

While this might seem to be an impossible task, sitting down with an attorney whose area of expertise is succession planning will get rid of the cobwebs right off the bat. The attorney knows what has to remain in place, how it needs to be transferred over, and to what rules and regulations such a transition needs to adhere.

Rule number one is to plan the succession process as early as possible. Outline the reasons for it, the goals you want to achieve, and the extent of the succession plan; for example, your interest or lack of interest in remaining involved on the fringes of the new organization. Outline what type of person you would want to take over your business and how that person would need to develop the type of leadership you envision for the future of your business.

Obviously, there are many more things you would need to put into place for a business succession plan and you can’t be expected to know all of them. This is why the smart plan is to consult with an attorney who is an expert in this area. It will save you time and money in the long run.

Patrick Warwick is the lead content contributor for Chicago bankruptcy firm, The Law Office of Jay F. Fortier, P.C.. To speak with a Chicago bankruptcy lawyer or learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com