Posted on November 14,2024 in Estate Planning

An estate plan that is well-thought-out and professionally prepared can be an exceptional gift to those you leave behind. Unfortunately, the complexity of estate planning laws, along with the emotional issues associated with estate planning, can lead to mistakes if you do not have professional legal guidance. While most adults believe they should have an estate plan, far fewer actually have one.

The typical reasons for not having an estate plan are a life that is too busy, not knowing exactly where to start, a belief that estate plans are only for the super-wealthy, and an unwillingness to consider one’s own mortality. Yet if you have no estate plan, you risk leaving your loved ones in chaos and having assets go to those you would not have chosen.

If you are considering an estate plan, it is important to have knowledgeable legal guidance throughout the process. An experienced Oakbrook Terrace, IL estate planning attorney from Farooqi & Husain Law Office is ready to help you ensure your loved ones are taken care of in the event of your incapacity or death. Some estate planning mistakes you can avoid include the following:

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 Posted on October 29,2024 in Islamic Divorce

If you and your spouse are considering divorce, there are a number of legal and financial issues you must address. The division of marital assets is one such issue. This, and many other issues, can be extremely complex, often ending up before a judge. If you are facing an Islamic divorce, asset division issues can be even more complicated.

While a couple divorcing in Illinois must follow the state’s legal procedures for divorce, an Islamic couple may also need to determine how Sharia law will affect asset division. When you have an attorney who is highly experienced in Islamic divorce cases as well as Illinois marital laws, you can be sure your marital asset division will be done correctly. An Oakbrook Terrace, IL marital asset division attorney from Farooqi & Husain Law Office will be the advocate you need throughout the process.

Equitable Distribution vs. Community Property

Nine states in the U.S. operate under community property laws, which means all marital property is divided right down the middle. The other states, including Illinois, operate under equitable distribution laws, which means marital property is divided fairly but not necessarily equally. A judge will take many different things under consideration when dividing a couple’s marital property, including:

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 Posted on October 14,2024 in Estate Planning

While more than half of all adults in the United States believe that estate planning is important, only 33 percent of adults have an estate plan in place. In 2021, about 75 percent of those with an estate plan used a will, while almost 19 percent included a trust. As more and more people learn about trusts and understand the many benefits of a trust, that number is likely to increase.

 Most people have at least heard of using a trust as a part of a comprehensive estate plan, and many have taken advantage of its benefits. The most common type of trust is a revocable living trust, which can be changed as needed or even dissolved entirely. 

On the other hand, an irrevocable trust does not allow for changes and cannot be dissolved. An irrevocable trust's benefits and potential disadvantages are discussed in more detail below. If you have questions regarding whether an irrevocable trust is right for you and your situation, it is beneficial to speak to a knowledgeable Oakbrook Terrace, IL trust lawyer from Farooqi & Husain Law Office.   

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 Posted on September 20,2024 in Islamic Divorce

Today divorce is a reality for many American Muslim families, yet despite impacting many  families, there is very little data available. A 2020 survey from the Institute for Social Policy and Understanding looked at many issues that affect American Muslims, including divorce. The survey found that compared to others in the U.S., Muslims are as likely to be married but less likely to be divorced. Yet the legal process of divorce occurs among every demographic and is often complex and emotional for all those involved.

This may be particularly true for those navigating the unique laws and customs of the Muslim faith in the United States. If you are an American Muslim facing divorce and all the issues that go with it, it can be extremely beneficial to speak to an Oakbrook Terrace divorce lawyer from Farooqi & Husain Law Office. Our experienced attorneys have a unique perspective when assisting the Chicago Muslim community in understanding Sharia law and how the law intersects with their religious practices during divorce.    

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 Posted on September 11,2024 in Estate Planning

For Muslims living in DuPage County, creating an estate plan that follows Islamic inheritance laws while complying with Illinois state law can feel like a challenge. Sharia law outlines specific rules for distributing wealth after death, including how much certain family members are entitled to receive, and without estate planning instruments, Illinois probate law does not comply with Islamic standards. 

However, with careful planning, it is possible to structure an estate plan that honors your faith while still meeting Illinois legal requirements, such as the state's tax laws and probate process. An experienced Illinois estate planning attorney can guide you through balancing both legal systems.

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 Posted on August 28,2024 in Child Custody

You cannot expect a specific reaction from a child when his or her parents are going through a divorce and child custody is being determined. Every child is unique, and the family dynamics of every divorce are just as unique. The prevailing belief is that school-age to pre-teen children may need the greatest amount of support during a divorce. While this may be true, teens often receive the short end of the attention and support stick during divorce and may be feeling more deeply about the divorce than they realize.

Some teens also assume the role of the absent parent, which is rarely good for them (i.e., a sixteen-year-old boy becomes the "man of the house"). There are special considerations for teenagers whose parents are divorcing that may be overlooked. Choosing a strong legal advocate who has extensive experience in Illinois divorce laws and how divorce affects children can be one of the best steps you can take. An Oakbrook Terrace, IL child custody attorney from Farooqi & Husain Law Office can help ensure you and your child will get through the divorce in the best way possible.  

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 Posted on August 15,2024 in Spousal Support

A common concern among those just beginning a divorce or coming out of a divorce is whether their spouse could quit a job to avoid spousal support. Of course, this question has many facets, and the answer depends on the specific circumstances, but judges generally do not look kindly upon a person who attempts to deceive the court.

If your spouse quit his job solely as a means of avoiding spousal support and perhaps obtaining a bigger share of the marital assets, it is important that you speak to an Oakbrook Terrace spousal support attorney. When you choose an experienced family law attorney from Farooqi & Husain Law Office you can rest easy knowing you have a strong advocate who will protect your rights during the divorce and after the decree is complete. Our firm has an excellent record of positive outcomes in our family law cases, which includes spousal support.  

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 Posted on July 31,2024 in Divorce

Getting a divorce involves many emotional and financial challenges, one of which is the question of what will happen to the family home. For many people, their home is not only a significant financial asset, but it is also a place filled with memories, and it is likely to have significant sentimental value. Understanding how home ownership may be addressed during the property division process can ensure that a person will be able to protect their financial interests and achieve their goals in a divorce. An experienced attorney can help divorcing spouses navigate this complex process and take steps to address and resolve concerns related to home ownership.

Addressing the Family Home When Dividing Marital Property

Illinois law requires marital property to be distributed fairly and equitably between divorcing spouses. In most cases, a couple’s family home will be a marital asset, and a couple will need to determine how it will be handled as they separate their lives and finances. If one spouse owned the home prior to the couple’s marriage, it might be considered separate property; sometimes, however, the home may have been commingled with marital assets, which can complicate the property division process. A lawyer can provide guidance on how to determine whether a home is marital or separate property and can ensure that home ownership will be addressed correctly when dividing marital assets.

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 Posted on July 14,2024 in Illinois Family Law

After a divorce or separation, parents need to be sure their children’s needs are provided for. Child support will typically be ordered, and one parent will be required to make ongoing payments to the other. Even when parents are unemployed, they may still have an obligation to provide financial support for their children. When addressing issues related to child support, an experienced attorney can ensure that the laws are applied correctly and advocate for solutions that provide for children’s needs while helping parents maintain financial stability.

Parental Obligations to Provide Financial Support

Parents have a legal responsibility to support their children financially, regardless of employment status. Courts in DuPage County and throughout Illinois prioritize the best interests of the child, ensuring that they have the necessary resources for a healthy and stable upbringing.

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 Posted on June 30,2024 in Child Custody

While nearly every divorce will involve challenging issues, parents who split up often struggle to redefine their relationship and ensure that they can continue to provide for their children’s needs. Establishing a healthy co-parenting relationship is crucial for the well-being of children. 

By cooperating to address ongoing concerns related to children while focusing on their best interests, divorced parents can establish a supportive environment where their children can thrive. An experienced attorney can help navigate the legal aspects of co-parenting and ensure that parental rights and responsibilities are clearly defined. To create an ongoing relationship where parents can work together successfully, here are some essential tips:

Communication Is Key

Open and honest communication is the foundation of a successful co-parenting relationship. Parents can work to maintain effective communication by:

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