Chicagoland Law Blog

Very rarely do authorities in Oswego happen upon a crime as it is being committed. Rather, it may be in the course of a routine traffic stop or investigating an alleged disturbance that they find evidence supporting extensive criminal activity. This often prompts the question of what authority do police officers have to search a home or a vehicle when there has been no prior indication that any criminal actions were related to it. More specifically, people often wonder in what situations would an officer require a warrant to conduct a search. 

Take the recent case of two local men who were recently arrested in Indiana. Their car was pulled over after it was observed having difficulty staying in its lane and being driven well under the speed limit. Upon stopping, one of the men fled from the car. Authorities later caught up with him and brought him back, at which time the other man (who had been asleep when the car was originally pulled over) was awake and alert (and brandishing a weapon). A subsequent search of the car revealed more weapons and drug paraphernalia. A third passenger in the car was also detained, only to be released a short while later. 

Writing a will in Illinois is a good way to ensure that those responsible for the administration of your property after your death know and understand your wishes. However, you cannot necessarily put everything you own into a will. Wills only pertain to probate property, which is a large category that includes many types of tangible and nontangible assets.

However, according to FindLaw, there is also non-probate property that does not go into a will. There are several different types of non-probate property, each with its own set of rules pertaining to its distribution that supersedes anything that you put in your will. What follows are a few of the most common types.

If you are one of the many people in Illinois who are preparing to get married for the second or subsequent time, you likely know and appreciate how precious a marriage and family is. In addition to taking vows and sharing a daily life with someone, another way to show your love for a spouse and your other family members is to have plans in place to help them after you die. A solid estate plan can take a big load off of people already struggling to adjust to life without you.

When you get remarried, it is important to re-evaluate your estate planning wishes through a different lens. As Fidelity Investments explains, providing for your new spouse and your children from a prior marriage can be more complicated than providing for an intact, nuclear family from a first marriage. Regardless of how well a step-parent gets along with their stepchildren, these people can end up at odds over what should happen after the death of the spouse or parent.

At Mockaitis Law, we know that many people in Illinois only think about wills when they hear the phrase "estate planning." It is true that a will is an important and essential part of an estate plan, but it does not apply to every possible contingency. Because a will does not go into effect until after you die, your estate plan should include other documents delineating what is to happen in the event that you become permanently incapacitated due to an accident or illness.

According to FindLaw, advance directives take effect in the event that you can no longer make decisions for yourself and express what you want to happen and what treatment you do and do not want to receive after becoming incapacitated. There are two basic types of advance directives: a health care power of attorney and a living will. A comprehensive estate plan should include both.