Kerley & Talken PC Kerley & Talken PC 2026-07-22T08:11:20Z https://www.kerleylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1302240/2021/06/cropped-kerley-talken-site-icon-32x32.jpg On Behalf of Kerley & Talken PC <![CDATA[The role of irrevocable trusts in Illinois Medicaid planning]]> https://www.kerleylaw.com/?p=48531 2026-07-16T08:12:52Z 2026-07-22T08:11:20Z Why revocable trusts fail A revocable living trust usually does not protect assets from Medicaid because the grantor can still access the principal. In Illinois, the Department of Healthcare and Family Services (HFS) generally includes it when determining Medicaid eligibility. Because the assets are countable, they typically must be spent down. You may not qualify for Medicaid until your resources reduce to the applicable limit (often around $2,000 for individuals).

The solution for safeguarding assets

An irrevocable trust may be excluded when determining Medicaid eligibility, but only if you structure it correctly to meet program rules. You have the option to transfer your assets into an irrevocable Medicaid Asset Protection Trust (MAPT). By doing so, you give up the right to repeal the trust or own the assets so they are not counted toward your qualifying limit. You can still receive income generated by the MAPT, even if you cannot touch the principal.

Key benefits of MAPTs

Opting for a MAPT can help keep the family home and other assets out of the reach of the Illinois Medicaid Estate Recovery Program. A MAPT can also help ensure that your hard-earned assets pass on to your beneficiaries rather than being spent down entirely on long-term care costs. Assets placed properly into a MAPT generally do not pass through probate courts, helping preserve more of your family’s wealth.

When timing is everything

In Illinois, transfers to an irrevocable trust must occur at least 60 months before applying for Medicaid. Transferring assets within that five-year window can trigger a penalty period where you are ineligible for benefits.

Why trust structure matters

Medicaid planning is less about having a trust and more about having the right trust that is structured the right way at the right time. Speaking with a lawyer can help you ensure any transfers and trust terms align with Medicaid rules and your family’s goals.]]> 0 On Behalf of Kerley & Talken PC <![CDATA[Can spousal support change after a divorce in Illinois?]]> https://www.kerleylaw.com/?p=48532 2026-07-21T04:57:23Z 2026-07-21T04:57:23Z When can spousal support be modified? Illinois courts may modify spousal support, also known as maintenance, when one party demonstrates a substantial change in circumstances. The court will evaluate the facts of your case before deciding whether a modification is appropriate. Examples of changes that may justify a review include:
  • A significant increase or decrease in either spouse's income.
  • Job loss or involuntary unemployment.
  • Retirement, when appropriate under the circumstances.
  • A serious illness or disability that affects earning capacity.
  • Changes in the financial needs of either party.
Not every financial change qualifies for a modification. The court will determine whether the change is substantial enough to justify revisiting the existing order.

Can every support order be changed?

Not always. Some divorce agreements include maintenance terms that the parties designate as nonmodifiable. When that happens, the court generally cannot change the amount or duration of support, even if circumstances change later. Additionally, certain events may automatically affect maintenance obligations. Depending on the terms of the order and Illinois law, spousal support may end upon the death of either party or the recipient's remarriage. Other circumstances, such as a supportive cohabitation relationship, may also affect eligibility in some cases. An attorney can review your divorce decree to determine whether modification is available.

How do you request a modification?

You should not stop making court-ordered payments or assume your obligation changes automatically. Instead, you must ask the court to approve any modification. To support your request, you may need to provide documentation such as:
  • Recent pay stubs or tax returns.
  • Medical records, when applicable.
  • Employment records or proof of job loss.
  • Financial statements showing changes in income or expenses.
Strong documentation helps the court evaluate whether a modification is justified.

Protect your financial future

Whether you want to modify maintenance or respond to a request from your former spouse, understanding your legal rights is essential. An experienced family law attorney can review your divorce judgment, explain your options, prepare the necessary court filings, and advocate for your interests throughout the process. If your financial circumstances have changed since your divorce, speaking with a knowledgeable family law attorney can help you determine whether seeking a modification of spousal support is the right next step.]]> 0 On Behalf of Kerley & Talken PC <![CDATA[What if your executor dies before you?]]> https://www.kerleylaw.com/?p=48529 2026-07-14T08:46:42Z 2026-07-16T08:45:45Z When you create a will, you choose someone you trust to carry out your final wishes. You may select a family member, a close friend or another trusted person to serve as your executor. Over time, however, life can change. Your chosen executor may die before you, develop health problems or decide they no longer want the responsibility. If that happens, you may wonder what it means for your estate plan. Understanding the next steps can help you keep your plan current and avoid unnecessary complications for your loved ones.

Your will can still move forward

If your chosen executor dies before you, your will remains valid, but the named executor cannot serve. If you name a backup executor, that person can usually step into the role. If you did not name a successor, the probate court may appoint another qualified person to administer your estate under 755 ILCS 5/6-2 and 755 ILCS 5/9-3. That is why it helps to think beyond your first choice.

A backup executor can prevent delays

Naming a successor executor adds another layer of protection to your estate plan. If your first choice cannot serve, the backup can take over without creating unnecessary uncertainty for your family. This step may also reduce disagreements about who should manage your estate and carry out your wishes. For that reason, it makes sense to review your choices from time to time.

Review your estate plan after major life changes

Your executor designation should reflect your current circumstances. Death, illness, relocation or changes in family relationships may affect your original choice. Regular reviews help you confirm that your executor and any backup still have the ability and willingness to serve. A few updates today can help your estate plan work as you intended and provide clearer guidance for your loved ones in the future. If your executor or backup executor is no longer able to serve, updating your estate plan can help ensure your wishes are carried out as intended and reduce potential delays during probate. Legal guidance can help ensure those updates are properly documented.]]> 0 On Behalf of Kerley & Talken PC <![CDATA[Child support enforcement: What if the other parent will not pay?]]> https://www.kerleylaw.com/?p=48527 2026-07-13T09:15:00Z 2026-07-13T09:14:40Z What happens when child support payments stop? Missing child support payments can quickly add up, creating a debt that continues to grow. Under Illinois law, child support orders remain legally binding until modified by a court. The non-paying parent can’t simply decide to stop payments, even if circumstances change. Unpaid child support accumulates as arrears. This means the debt does not disappear over time. Interest may also accrue on overdue payments. The custodial parent has the right to pursue collection of these arrears regardless of how much time has passed. Even if the child reaches adulthood, the obligation to pay past-due support remains

How does the state help enforce child support orders?

The Illinois Department of Healthcare and Family Services (HFS) offers enforcement services to help collect unpaid support. These services include income withholding. This deducts payments from the non-paying parent's paycheck. HFS can also intercept state and federal tax refunds, suspend driver's licenses and report delinquent payments to credit bureaus. These administrative remedies often work without requiring additional court action.

What legal actions can the court take?

When administrative methods fail, courts have significant authority to enforce payment. Judges can hold non-paying parents in contempt of court, which may result in fines or jail time. The court can also place liens on property, seize assets or garnish bank accounts to satisfy the debt. In serious cases involving substantial arrears, criminal charges may be filed.

Protecting your child’s rights to support

Seeking child support enforcement is not about conflict with the other parent. It is about ensuring your child has the resources they need to thrive. When payments stop, taking enforcement action becomes essential. In such cases, keep records of all missed payments and dates. Accurate records can help you enforce the order and recover unpaid support.]]> 0 On Behalf of Kerley & Talken PC <![CDATA[Why every adult needs an estate plan—not just the wealthy]]> https://www.kerleylaw.com/?p=48526 2026-07-10T15:37:26Z 2026-07-10T15:37:26Z Many people hear the term “estate planning" and picture people with vast wealth, sprawling estates and trusts. However, estate planning is for everyone and not just the wealthy. An estate plan is more than just deciding who gets your assets when you die. It’s also about choosing guardians for your minor children and having someone you trust make financial and health decisions for you if you become incapacitated. No matter how much money you have in the bank, an estate plan can help protect you and your loved ones.

Estate planning for every stage of life

An estate plan is a set of legal documents that should include:
  • A will that states how you want your assets distributed
  • A trust, if appropriate, to help manage your assets and potentially avoid probate
  • Financial and healthcare powers of attorney to manage your affairs if you cannot
  • Healthcare directives that communicate your medical wishes
Together, these documents provide clarity and help eliminate confusion during challenging times. If you have children, an estate plan is especially important. In your will, you can nominate a guardian for your minor children if both parents pass away. Without this guidance, a court may have to determine who will care for them, and it may not be someone whose values align with yours. If you die without a valid will, your estate will generally be distributed according to Illinois’ intestacy laws. This means the law decides who inherits your property. Depending on your situation, your assets may be divided among a surviving spouse, children or other relatives in a way that doesn’t reflect your intentions. Estate planning isn’t just about planning for death. It also prepares for the possibility that you may be unable to manage your own affairs due to illness or injury. By signing powers of attorney, you get to decide who will make decisions on your behalf. Without these documents, your loved ones may need to seek court involvement before they can act on your behalf. A thoughtfully prepared estate plan can provide peace of mind that your family will have guidance when they need it the most. Whether your estate is modest or substantial, taking the time to plan today can make a lasting difference for your loved ones.  ]]> 0 On Behalf of Kerley & Talken PC <![CDATA[Calm communication is beneficial for co-parents]]> https://www.kerleylaw.com/?p=48525 2026-07-01T11:10:30Z 2026-07-01T11:10:30Z Co-parenting isn’t always easy, but it’s critical that both parents commit to keeping communication calm because it can make the situation more tolerable for everyone involved. Both parents being able to communicate clearly and calmly enables them to make decisions that are in the child’s best interests.  One of the most important things to remember in these cases is that the communication should be directly between both parents, and it should always be focused on the children. This helps to reduce the risk of conflict occurring. 

Why should parents speak directly to each other?

Some parents try to pass messages through the children, but that’s a bad spot for the children to be placed in. They may be subjected to harsh reactions that they shouldn’t have ever seen. In some cases, they may feel like they should take sides, but the children shouldn’t have to choose between parents. Additionally, there’s a chance that the message may not be relayed properly through the children. 

What should parents do if they have a conflict?

Conflicts are bound to happen, so it’s critical to have a plan for these situations. Ideally, the parents can take a short break from communicating so they can calm down before coming back to address the matter at hand. It’s beneficial for both parents to remember that compromise is key for working through these situations.  Having the parenting plan set can also help to keep the co-parenting relationship calm. This should contain information about raising the children, including important guidelines and duties for the parents. Because it can be challenging to get this set up, it may be beneficial to work with someone familiar with similar situations.   ]]> 0 On Behalf of Kerley & Talken PC <![CDATA[Why families should talk about estate planning before a crisis]]> https://www.kerleylaw.com/?p=48521 2026-06-28T02:34:10Z 2026-06-28T02:34:10Z Estate planning involves more than a will When most people hear the term “estate planning,” they think of a will and who will inherit their property when they pass away. While creating a will is an essential part of the process, an estate plan also addresses what happens if someone is unable to make financial and medical decisions for themselves. In addition to a will, a well-crafted estate plan should include a power of attorney, advance directives, a health care agent designation and other legal documents that provide guidance in the event of death or incapacitation. Emergencies rarely come with advanced notice. A sudden accident, serious illness or medical event can leave a person unable to communicate. Without a plan in place, family members are left scrambling, trying to determine who should be making decisions and what those decisions should be. Families who are prepared already know who has been selected to make financial and medical decisions, the location of important documents and what their loved one would want in an emergency. That knowledge can provide peace of mind during a stressful time.

Avoiding disputes

Disputes often arise among siblings when there is confusion about their parents’ wishes. Family conflict can be prevented by having estate planning conversations before a crisis. When adult children understand why certain decisions have been made and who has been chosen for important roles, they are less likely to be surprised later. Rather than being uncomfortable, estate planning discussions often provide an opportunity for families to discuss important values, goals and preferences that might otherwise go unspoken. When a crisis occurs, families often wish they had had these essential conversations sooner. If you are unsure how to start the estate planning conversation with your parents, you may want to speak with a legal professional who can guide you through the process.]]> 0 On Behalf of Kerley & Talken PC <![CDATA[Child custody for parents who work nontraditional schedules]]> https://www.kerleylaw.com/?p=48520 2026-06-18T07:41:44Z 2026-06-18T07:41:44Z Parenting while working an unconventional schedule can be extremely challenging. Many parents in healthcare, emergency services and other industries work hours that do not fit the traditional nine-to-five routine. Balancing parenting responsibilities with overnight shifts, rotating schedules or extended time away from home often requires flexibility and the skill to balance several tasks at once. When child custody arrangements are involved, these unique work demands can create additional concerns for families.

Creating parenting plans that fit real-life schedules

Parents who work nontraditional schedules, such as nurses, truck drivers and other shift workers, may find that standard parenting time arrangements do not meet the unique needs of their family. A schedule built around a traditional workweek will not reflect the reality of a parent who regularly works nights, weekends or multiple days in a row. Flexible parenting plans can help ensure that both parents remain actively involved in their child's life. Illinois courts generally focus on what serves the child’s best interests. Factors considered may include the wishes of each parent seeking parenting time, the preferences of the child if they are mature enough to express them and the child's relationships and interactions with their parents, siblings and other important individuals in their life. Rather than expecting every family to follow the same schedule, judges often recognize the importance of creating parenting arrangements that accommodate unique employment situations. This may include longer parenting periods during days off, adjusted holiday schedules or creative exchanges that allow parents to maximize quality time with their children. Communication can play a major role in making these arrangements successful. Parents who are able to keep each other informed about schedule changes may be better able to address unexpected work demands without disrupting the child's routine. In some cases, technology, shared calendars and detailed parenting plans can help reduce confusion and minimize future conflicts. Every family's circumstances are different, and a parenting schedule that works well for one household may not be appropriate for another. Those facing custody concerns could benefit from speaking with an experienced legal professional who can help explore options and develop a parenting plan that supports both the parent-child relationship and the child's overall well-being.  ]]> 0 On Behalf of Kerley & Talken PC <![CDATA[Does life insurance need to be mentioned in your estate plan?]]> https://www.kerleylaw.com/?p=48519 2026-06-15T19:00:06Z 2026-06-15T19:00:06Z People often wonder if they need to include their life insurance policy in their estate plan. Unfortunately, there is no one-size-fits-all answer. It really depends on the situation. First and foremost, when someone purchases a life insurance policy, they should name a beneficiary. If they do, then that beneficiary will receive the payout from the policy once the insured person has passed away. In this sense, the life insurance payout is not part of the person's estate, and it skips the probate process.

What if there is not a beneficiary?

Complications can arise if a beneficiary has not been named or if the chosen beneficiary passes away before the policy owner. In a case like that, the life insurance payout may become part of the person's estate when they pass away. As such, the estate plan can be used to address how that policy should be distributed. It becomes a financial asset just like a bank account or an investment portfolio that the person owns. Another thing to consider is whether a trust has been named as the beneficiary. A trust can be a valuable part of a person's estate plan that stipulates how assets should be distributed and names certain beneficiaries itself. A life insurance policy could pay out into a special needs trust, for example, to avoid disqualifying the beneficiary from government benefits, while still ensuring that they have access to the funds.

Your estate planning options

It is important to consider all assets carefully when drafting an estate plan, including life insurance. Make sure you know what steps you will need to take to create a plan that works for your family.  ]]> 0 On Behalf of Kerley & Talken PC <![CDATA[How long do you have to respond to an Illinois divorce?]]> https://www.kerleylaw.com/?p=48518 2026-06-06T20:59:22Z 2026-06-06T20:59:22Z Many Illinois divorce cases start when one spouse files a divorce petition, and that paperwork is then served to the other. Even if the couple is on the same page regarding the divorce and both plan to go through with it, one of them may still be the first to take this official step. If you receive divorce papers from your spouse, you generally then have 30 days to file your response. If you and your spouse have already been talking about a divorce and gone over some of your plans, you may respond almost immediately. But if you are surprised or even blindsided by the divorce petition, you do have some time to consider your options before you have to submit the paperwork to the court.

What if you do not respond?

There are those who think that failing to respond to a divorce petition will effectively delay or even prevent the divorce from happening. Maybe you do not want your marriage to end, so you tell your spouse you are not going to respond because you are not going through with the divorce. You think the two of you should go to couples therapy or something of this nature. The key thing to remember is that the divorce can still proceed. After the 30-day deadline, your spouse can request a motion for default. The court then has the option to go through the divorce process without your involvement and issue a default divorce judgment. Failing to respond just delays the process slightly, but it does not prevent it.

Considering your legal options

Addressing these types of deadlines and filing requirements is one of the first steps to take when getting a divorce. As your case moves forward, be sure you are well aware of your legal options and how to proceed.  ]]> 0