Hinch Law

This is the second in a long-winded three part answer to the question, "Why Should I Hire a Lawyer to Help with My Estate Planning?"  In Part 1 , we talked about estate planning generally and why it is important.  This post will address the issue of why it is important to have a will, and the tangential question "what happens if I die without a will?"  Finally, the last part of this series will answer the question implied in these questions - "Even if I need a Will, why shouldn't I just do it myself, or order one off a website?" Hopefully most people know that a Will is a legal document that allows one to state their wishes for what happens to their assets when they die (excluding certain non-probate assets, such as life insurance) and who manages their estate.  A Will can also designate who will serve as guardian for one's children.  Wills are often drafted in conjunction with trusts to provide additional safeguards for management of assets...

This is a common question and has multiple layers to it.  To give a complete answer, I will break it out into three questions, and answer the latter two parts in future posts: 1.  What is "estate planning" and why should I have an estate plan (a/k/a, isn't that just for the "rich")? 2.  Why do I need a Will, and what happens if I die without a Will? 3.  Even if I need a Will, why shouldn't I just do it myself, or order one off a website? Appropriately answering number 1 first, an estate plan is really the process of considering what will happen when you die or are incapacitated.  This involves financial considerations, such as how your assets will be distributed, via wills, trusts, probate, and other non-probate assets such as life insurance; who will inherit family heirlooms; how taxes, debts, and expenses will be handled; and who will direct your affairs.  It also involves personal, family considerations, such as who will take care of your kids...

Note:  This is the first in a new series of posts entitled "Ask a Lawyer," in which readers may submit questions to be considered for this page.  Please note that, as with any posts on this blog, the posts are educational in nature and do not constitute legal advice in the attorney/client sense.  Therefore, questions should be general in nature and not include any confidential information. Question:   Please generally explain the enforceability of Non-Compete agreements in Illinois. This question could justify a treatise, but I will do my best to provide a general, concise, though by necessity perhaps unhelpfully broad, answer.  For a more specific review of a particular Non-Compete agreement or provision in an employment contract, consult and retain an attorney.  I would be glad to talk with anyone who has specific questions about their situation.   A  "Covenant Not to Compete"  is a provision commonly used in an employment ...

The legal "Release" is a document by which one agrees to "release from" or waive liability from another, potentially even if the liability results from the released party's own negligence.  A broader contract will often contain a release provision, sometimes called a "hold harmless" clause.  The Release is an essential part of countless contractual documents.  In fact, one could argue that a Release should at least be considered as a part of any contract. Two recent Illinois appellate cases (both out of the First District) provide good examples of how courts analyze a Release, both in the context of personal injury claims involving not-for-profit, charitable activities in which an accident occurred.  The cases are sobering reminders that without the proper legal documents, charitable organizations and other parties involved in an event can be held liable  for injuries that occur despite the best of intentions or the unquestioned good of the cause sup...

Earlier this month Governor Quinn signed into law Public Act 97-235 .  The Act takes effect on January 1, 2012, and is aimed at protecting consumers faced with a catastrophic loss from contractor abuses at a time when they are most vulnerable.  Here's a summary of the changes: 1.  The Illinois Roofing Industry Licensing Act , 225 ILCS 335/5, et. seq , is amended by new Section 5.1 to require roofing contractors to post their license number and licensee's name on all commercial vehicles (see previous Section 5(b), a violation for which carries a $250 civil penalty.  The section also authorizes local government "code enforcement officials" to enforce this provision. The Home Repair and Remodeling Act , 815 ILCS 513/1, et. seq , (the "HRRA") is amended as follows: 2.  Added new Section 18, "Repairs following damaging weather," providing requirements for contractors offering home repair and remodeling services to consumers who have suffered a ...

We have been on a bit of a summer hiatus on this page, while contemplating possible changes to the blog for the future.  I recently had the privilege of speaking at the @Midwest social media and business conference in Bloomington, Illinois , on the topic of social media and the law.  My presentation was very well received, but beyond that, I have been blessed to meet and get to know many great and down-to-earth people who really know social media .  The fact is that for all the technological bells and whistles, social media is still merely a fancy, convenient way for real people to interact.  It's all about the people.  The lessons and ethical implications of that reality for how social media should be (and should not be) used are huge, and at the same time are perhaps as simple as the Golden Rule . With regard to the law, the legal issues of social media are perhaps as broad as the law itself, and the ramifications of that are very much still evolving and ...

I'm honored today to have the opportunity to write a guest piece at an award-winning, very highly regarded blog, Virginia construction law attorney Christopher G. Hill's Construction Law Musings .  Chris does an excellent job at consistently providing thoughtful, useful posts that reach an audience not just within the construction industry, but among other lawyers as well.  Among its honors, "Musings" was just recently named to LexisNexis' " Top 50 Environmental Law & Climate Change Community Blogs for 2011 ".  In that vein, my guest post is on " How (Not) to Work with the EPA and Your State Environmental Agency ." If you are not familiar with Musings, I encourage you to check it out. Nate Hinch is an attorney and partner at the law firm of  Mueller, Reece & Hinch, LLC .  He has offices at 404 N. Hershey Road, Suite C, Bloomington, IL 61704, and 809 Detweiller Drive, Peoria, IL 61615, and can be reached by phone at (309) 827-4055 a...