Lawyer Schaumburg

Whether a secret recording is illegal and unethical depends on where it takes place and why.

The first question to address is whether state wiretapping laws have been violated and whether the attorney secretly recorded the conversation in a state with a one-party consent or two-party consent law. In many states, a person can secretly record a conversation as long as one party knows of it, and that one party can be the recorder. These are called “one-party consent” states. Other states are two-party or “all-party consent” states. In these jurisdictions, all parties to the conversation must know a recording is taking place. Illinois is a two-party state.

But even if secretly recording another person is legal—as it would be in a one-party state—attorneys must also consider whether such recordings are ethical.

Lawyer Schaumburg

Record sealing has helped many to permanently secure or delete personal criminal records of felonies, misdemeanors, or even arrests when ultimately found not guilty. Generally speaking, when an arrest or a conviction occurs, it’s available to society via public records that anyone can access. This means that a record has the potential to follow a person everywhere, possibly undermining his or her ability to secure housing, employment, and career advancement. Having records sealed makes it so that a criminal record isn’t as accessible. It’s worth noting that there is a distinct difference between record sealing and expungement. In the case of an expungement, it is like the event never occurred, with a record even being destroyed. When a record is sealed, however, it is still kept on file by the government; the ordinary citizen cannot gain access to it.

Lawyer Schaumburg

 In Illinois, you can make a living trust to avoid probate for virtually any asset you own -- real estate, bank accounts, vehicles, and so on. ... At your death, your successor trustee will be able to transfer it to the trust beneficiaries without probate court proceedings.

Schaumburg Divorce Lawyer

For divorces entered on or before December 31, 2018, alimony (maintenance) has been deductible to the maintenance payor. And the spouse receiving maintenance includes it as income for tax purposes.  What this means is that generally the alimony payor has received a tax break on alimony as paid.

Yes, there have always been exceptions.  These exceptions have included situations where the parties agree in writing as part of their divorce decree that alimony would not be tax deductible to the payor.  There have been other exceptions and the law has been complex including provisions for what is called alimony recapture, etc.  This post will not discuss those complexities.

For divorces and separation agreements entered on or after January 1, 2019:

• No longer will maintenance be deductible for the spouse who pays maintenance.
• The recipient no longer includes maintenance as taxable income.

The loss of the tax break of maintenance will have a significant negative impact on divorce cases where one spouse has high income.

Schaumburg Lawyer

 A new law in Illinois enhances the punishment for texting behind the wheel.

Starting in July 2019, drivers caught using cell phones while driving will not only get fined, but it will count as a moving violation that could lead to license suspension.

The new law signed this week by Gov. Bruce Rauner now makes the first ticket for texting and driving a moving offense. That means it goes on the offender’s record and can lead to a suspension if they commit two other violations in the next year.

Schaumburg Criminal Lawyer

Effective January 1, 2019, children under the age of two in Illinois must ride in rear-facing car seats. Governor Bruce Rauner signed the bill that established the law in August 2018

Schaumburg Lawyer

During a home inspection, the inspector should thoroughly evaluate the physical structure of the home as well as critical internal systems. You should make sure the examination includes the following:

● Electrical system● Plumbing system

● Heating and cooling systems

● Radon detection equipment, if applicable

● Walls, ceiling and flooring

● Windows and doors

● Roofing

● Foundation

● Basement

● Attic

● Insulation

While an inspection will give you an idea of a house’s overall condition, it might not uncover hidden problems such as pests, mold or asbestos. It also won’t turn up flaws in areas that are below ground or otherwise inaccessible to the inspector, like wells and septic tanks. To identify those types of problems, you’re going to need additional inspections