“A rose by any other name would smell as sweet,” said William Shakespeare; but what is in the name of a business? Would a business by any other name smell as sweet? As long as business is good it is sweet indeed; ah, but there is the rub. People who go into business...
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Firm News
Bank Accounts as Estate Planning Tools?
An online poster recently asked the following question: My sister's name is on the savings account with my mother. If my mother dies, does the account become hers? This is a common scenario and a good question. People often add a child’s or other person’s name to a...
Documenting Loans: A Best Practice
Many people have or will lend money to other people in their lifetimes. Often parents lend money to children. Sometimes friends lend money to friends. Businesspeople lend money to other businesspeople. There are many contexts in which one person loans money to...
Merry Christmas: Ban on Driving with Handheld Electronic Devices
Most people who live in Illinois and have access to radio, TV, the Internet or newspapers know that the law banning handheld electronic devices while driving goes into effect January 1, 2014. Of course, ignorance of the law is no excuse, Rip van Winkles and cave...
Legal Q & A Series: Estate Planning/Powers of Attorney
Legal Q & A: Estate planning “My mother made me her agent on her health care power of attorney. Now my brother is showing me a power of attorney making him the agent. Is that legal?” It all depends on whether your mother, by her choice, executed a new power of...
What to do with the Original of a Will
I am often asked what a person should do with the original Will once it is signed. There is no right or wrong answer, but doing some things are better than others. The options should be considered in light of the family and personal dynamics and particular...
Employer Beware: Restrictive Covenants
A case recently decided in the First District Appellate Court in Illinois (Cook County) will have a big impact on employers and employees who impose or are subject to restrictive covenants (non-solicitation and con-competition) clauses. Restrictive covenants in...
“Avoiding Probate”: A Matter of Trust
“Avoiding probate” is a buzz word that is often stated and sometimes confused. The probate process is often misunderstood, even by people who are sure it should be avoided. Wills do not “avoid probate”, and probate does not subject an estate to taxation, though both...
Clarity on Employees with Disabilities – Accommodation Requires Ability to Perform the Job
Employers and employees, alike, often misunderstand the requirements of the Americans with Disabilities Act and Family Medical Leave Act. Some employees believe that employers must accommodate just about anything, and some employers fear that is true. Two recent...
Law Update: Social Host Liability for Underage Drinking
Times have changed considerably from 30 or 40 years ago. Liquor laws continue to become tougher as lawmakers attempt to stem the tide of liquor-related deaths and injuries. Taking effect January 1, 2013, the State Liquor Control Act prohibits any person from knowingly...
