Blog | Loire Krajniak Law, LLC | Geneva, IL

What Happens to Your Estate Plan After a Divorce in Illinois?

2026-04-03 00:00:00

If you made a will, set up a trust, or named a spouse as a beneficiary on a life insurance policy or retirement account, a divorce doesn't automatically update every part of it to reflect your new situation. You will need to take care of that proactively.

If you’re wondering what estate planning documents need your attention after your divorce, a Geneva estate planning attorney can help.

What Automatically Changes in an Illinois Estate Plan After a Divorce?

Illinois does offer some protection to someone who forgets to update their estate plan after a divorce. Under 755 ILCS 5/4-7(b) of the Illinois Probate Act, any provision in your will that leaves something to a former spouse is automatically revoked when your divorce becomes final. The law treats it as if your ex-spouse had died before you. This means your ex will not inherit what your will once directed to them, even if you never officially changed it.

Preparing to Testify in Court for Your Illinois Divorce

2026-03-31 00:00:00

The idea of taking the witness stand in your own divorce case can feel intimidating, even if you know your situation well and have nothing to hide. Courtrooms are unfamiliar territory for most people. Many people don’t like speaking in front of any kind of crowd; the pressure of speaking under oath in front of a judge may feel several degrees worse than that.

With the right preparation, though, you can testify confidently, even if it’s still a little stressful. If your divorce case is heading toward a hearing or trial, a Kendall County divorce attorney can walk you through what to expect and how to present yourself effectively.

What Will You Be Asked on the Witness Stand During Divorce Proceedings?

In Illinois, testimony typically focuses on issues that haven’t yet been resolved between the spouses. If you and your spouse have already agreed on everything, you may not need to testify at all, only show up for the judge’s final ruling. But when the case is contested, a judge needs to hear from both parties.

When Do You Need a Durable Power of Attorney?

2026-03-20 00:00:00

Most estate planning conversations eventually get to the durable power of attorney. It is one of the most commonly recommended documents, and it makes sense for many people. If you become incapacitated, knowing that decisions will be made by the person you chose now is comforting. So why would anyone opt for a non-durable power of attorney? A Kane County estate planning attorney can explain.

What is a Durable Power of Attorney?

A power of attorney is a legal document that gives another person, called an "agent," the authority to act on your behalf. A durable power of attorney (DPOA) stays in effect even if you become incapacitated. That’s what makes it so valuable in estate planning.

Powers of attorney in Illinois are governed by the Illinois Power of Attorney Act (755 ILCS 45). The law recognizes two main types of DPOA:

What if I Want a Divorce but My Spouse Won't Agree?

2026-03-11 00:00:00

For many couples, divorce is a mutual agreement that things aren’t working. For some, though, one spouse will absolutely refuse to accept that the other wants a divorce, even if the marriage seems like a lost cause. They might refuse to sign papers or ignore any attempts to address the subject. If this is where you find yourself in your 2026 divorce proceedings, what are you supposed to do?

The reality in Illinois is actually this: you don’t need your spouse's permission to get divorced. While it’s definitely more ideal to work with a spouse who will participate willingly in the process, it’s not necessary. An Oswego divorce attorney can walk you through what divorce proceedings with an inflexible spouse look like.

Why Does Illinois Not Require Both Spouses' Permission to Get Divorced?

Illinois became a "no-fault divorce" state several years ago. Under 750 ILCS 5/401, an Illinois court can grant a divorce based on "irreconcilable differences" alone if the parties have lived separately for at least six months (though this time mandate can be waived if both parties agree). This is proof enough for the court that the relationship has broken down and there is no reasonable chance of saving it.

What Is Paternity Fraud?

2026-03-03 00:00:00

Finding out that you may not be the biological father of a child you have been raising is devastating. It affects your sense of identity, your relationship with the child, and, obviously, your relationship to the mother. If this has happened to you, you’re not alone. Illinois law does give you options. Our Geneva paternity lawyer will break down paternity fraud for you and explain what steps you can take.

What Does "Paternity Fraud" Mean?

"Paternity fraud" refers to situations in which a man is falsely identified as the biological father of a child. This can happen either through a deliberate lie or a false assumption. The end result is that the man takes on legal and financial responsibility for that child, as well as the emotional responsibility of being a parent.

Paternity fraud can happen in a few different ways:

A mother names a man as the father on a birth certificate, knowing he may not be the biological father

Do I Need a Lawyer to Adopt in Illinois?

2026-02-28 00:00:00

Adoption is a huge step for many families, and also one of the most complex. If you are considering adoption in 2026, you may be wondering whether you are obligated to have a lawyer help you or if you can skip the cost and do it on your own. A Kendall County adoption lawyer can walk you through what having legal help or not involves.

Does Illinois Require You to Have a Lawyer for Adoption?

Technically, Illinois law does not require you to have an attorney to file for adoption. However, in practice, almost every adoption requires court involvement, and navigating the court system without legal help is risky. Mistakes can not only slow your adoption down, but they can also completely derail it.

Under the Illinois Adoption Act (750 ILCS 50), adoptions must be finalized by a judge. The process involves filing a petition, providing notice to the right parties, terminating parental rights when needed, conducting a home study, and attending a court hearing. One error in any of these steps can set the process back by months. Having a lawyer protects you from making mistakes and speeds up the process.

Will I Have to Pay if My Spouse Accrues a Debt Right Before We Start Our Divorce?

2026-02-21 00:00:00

Finding out your spouse has racked up a large debt right before a divorce can feel like a punch to the gut. You may be wondering whether you are on the hook for money you never agreed to spend. This is a common concern for people going through divorce in 2026, and the answer depends on several factors. If you have questions about how debt is handled in your situation, a Kane County divorce lawyer can help you understand what you owe and what you don’t.

How Does Illinois Divide Debt in a Divorce?

Illinois is an "equitable distribution" state. That means marital property and debt are divided fairly, but not always 50/50. Under 750 ILCS 5/503, courts look at what is "marital" versus "non-marital" when splitting up assets and liabilities.

Marital debt is generally any debt taken on during the marriage, regardless of whose name is on the account. Non-marital debt is debt one spouse brought into the marriage or took on for reasons that only benefit them personally.

What is the "Small Estate Threshold" in Illinois?

2026-02-11 00:00:00

When someone dies in Illinois and leaves behind property or assets, their estate usually goes through probate. Probate is the legal process where a court monitors how the deceased person's assets are distributed to heirs or beneficiaries. However, Illinois law provides a simpler option for smaller estates through the "small estate threshold."

If you are dealing with a loved one's estate in 2026 and want to know if you can avoid a long probate process, an Oswego estate planning lawyer can explain your options and help you determine the best path forward.

What Does the Small Estate Threshold Mean in Illinois?

The small estate threshold is a dollar amount set by Illinois law. If the total value of someone's estate falls below this amount, the estate may qualify for a faster, simpler process than full probate court proceedings.

Under 755 ILCS 5/25-1, Illinois currently sets the small estate threshold at $150,000. Illinois recently increased this threshold from $100,000 to $150,000, not including vehicles. This means that if the deceased person's property and assets (minus cars) are worth $150,000 or less, their heirs or beneficiaries may be able to use an affidavit process rather than needing a full probate case. This is often much quicker and less expensive than traditional probate.

What Does it Mean if a Guardian ad Litem Gets Involved in My Custody Case?

2026-02-04 00:10:44

Almost no parent wants their parenting arrangement decided by a judge instead of by themselves. When you learn that a "guardian ad litem" has been appointed to your case, you might worry about what it means for you and your children and whether you will be able to have full control over your children’s schedule.

The good news is that a guardian ad litem is not a sign that the court thinks you are a bad parent. Their role is to help the judge understand what arrangement will be best for your child. If you are involved in a custody dispute in 2026, a Geneva, IL family law attorney can help you understand what steps the court will go through to reach its decision. Call us today for a free consultation.

Is Inheritance Received All at Once in Illinois?

2026-01-30 00:00:00

When a loved one passes away and leaves you an inheritance, you might wonder when you will actually receive it. Many people expect to get their inheritance quickly and all at once. The reality in Illinois is often different.

If you have questions about receiving an inheritance in 2026, a Kendall County, IL estate planning lawyer can offer help for your situation.

Does Illinois Law Allow Inheritance to Be Distributed All at Once?

The law does allow for one lump sum to be distributed, but it doesn’t often happen that way. Illinois law does not require estate executors to distribute an entire inheritance in a single payment. Under the Illinois Probate Act at 755 ILCS 5, executors have flexibility in how and when they distribute estate assets to beneficiaries.