Setting up your estate plan (i.e. wills, trusts, and powers of attorneys) is a smart step to prepare for unexpected life events in the future. It is especially important for families with minor children. When parents are preparing their estate plans to provide for their children they must keep in mind the following: 1) naming a guardian or co-guardian; and 2) determining an appropriate age in which their children should inherit the estate.

A guardianship is a legal relationship created when a person is assigned by a court to care for a minor child or incompetent adult. The guardian is the person legally responsible for the care of the person who is unable to manage their affairs. The will allows parents to express their wishes as to whom they would like to care for their children if they die. Typically parents will name family members or friends in their wills to act as guardians for their children. Naming a person as guardian in a will does not guarantee that person will be appointed as a guardian. The Circuit Courts in Illinois appoint guardians.   However, a court will favor the nomination of a guardian from a will if that person is qualified and competent to act as a guardian.   If parents fail to name a guardian in their will, they run the risk of someone whom they do not want to care for their children being appointed guardian by a Court. Nominating a guardian in a will allows parents to express their wishes with regard to the care of their children.

When drafting a will, it is very important for parents to designate a specific age in which their children should inherit the family estate. The result of failing to designate an age may result in children inheriting their parents’ estate at the age of 18. In my experience, I have found that most parents feel their children are not prepared to manage a large amount of money at that age.   Certainly if I were to have inherited a large sum of money at that age, I am not sure I would have been mature enough to manage the inheritance responsibly.

In addition to designating a specific age of inheritance, parents should also name a trustee to manage the estate on behalf of their children. The trustee can be the same person or persons that have been named guardians in the will. The trustee’s job is to manage the assets of an estate until the beneficiary children come of age pursuant to the directions in the will. Typically the trustee has discretion to pay out some or all of the estate funds to the beneficiary children early for purpose of education, healthcare or support needs if necessary. At the point when the beneficiary children come of age, the trustee shall pay out the estate assets to said child.

Being a parent means caring for your children in an unknown future. Naming guardians and trustees in a will and designating an age in which children can inherit assets are important ways for a parent to care for their children. Please feel free to contact me if you would like to discuss this topic further or if you have any additional questions about estate planning.

This article provides insights from Marlon T. Suskin, who is a local Libertyville Attorney at Law specializing in Estate Planning in Cook County and Lake County, IL.

One of the most inconvenient and nerve racking experiences a person can go through is getting pulled over by the police. Seeing the red and blue lights flashing behind your vehicle can be a scary experience. This blog is meant to give some tips on the best way to handle a traffic stop and to deal with a traffic ticket.

When a person is stopped by the police it is best to act in the following manner:

1. Pull over in a quick and SAFE manner. If possible, it would be ideal to pull into a parking lot or park on a side road;
2. Have your license, registration, and proof of insurance easily accessible;
3. KEEP YOUR SEATBELT ON;
4. Keep your hands on the wheel so the officer can see them;
5. BE POLITE – don’t cop an attitude 

Following these tips will not necessarily get you out of a ticket. However, making it easier for the officer will not hurt your chances. Being rude or showing an attitude will guarantee you a ticket.

If a person receives a traffic ticket for a petty violation (i.e. speeding or improper lane usage…), there are 3 options:

1. Plead guilty – send the ticket and the fine to the court through the mail. The big advantage of mailing in the fine is to avoid going to court. However, there is a good chance that this will result in a traffic conviction. Before mailing in the ticket and fine, make sure the ticket gives you an option for supervision.
2. Plead guilty in court – By going to court, if the person has a good traffic record, there is a good chance a judge will give supervision. This means the ticket will not go on his or her traffic record.
3. Plead not guilty – By pleading not guilty, the court will set a trial date. At the trial, the person will be able to give their side of the story to the judge. The judge will decide if the person is guilty or innocent on the ticket.

Many clients have asked me if their ticket will be dismissed if the police officer is not present in court. On the initial court date, the ticket will not be dismissed. The case has to be set for trial. If the officer is not present on the trial date, most of the time, the judge will throw out the ticket.  A trial date can be set by mailing the ticket in and requesting a trial or by asking for a trial date on the initial court date.

The consequences of pleading guilty or being found guilty on a petty traffic violation are as follows:

1. Supervision- the violation will not go on the person’s traffic record. This means that insurance companies will not be able to see the violation if a person’s record is searched. In Illinois, a person is only eligible for two supervisions in a 12 month period.
2. Conviction – the violation will go on the person’s traffic record. If a person over 21 years old receives three convictions in a 12 month period, their license will be suspended by the Illinois Secretary of State. If a person under 21 years old receives two convictions in a two year period, their license will be suspended.
3. Traffic school – 4 hour online traffic school or 8 hour traffic school

Fines and court costs: The typical fine can range from $75.00 to $150.00 depending on the petty traffic violation. If a person sends the money in the mail without going to court, it will avoid court costs. If a person goes to court to resolve the ticket, court costs will be added to the fine. Court costs can range from $250.00 and up. The court costs are set by the State of Illinois. By not going to court on a petty traffic violation, a person will save a significant amount of money, however, the trade off is that the person will likely end up with a conviction on their traffic record.

A person can get a copy of their traffic record (driving abstract) at the DMV office of the IL Secretary of State. It costs between $8 to $10.

If you find yourself in legal trouble due to a traffic stop or traffic ticket, selecting the right Attorney to represent you is important. I recommend selecting an Attorney who may be familiar with local jurisdiction and/or law enforcement officials. Choosing an Attorney who is familiar with local laws and the nuances of your County Court, could prove beneficial to the outcome of your case. 

If you have any further questions regarding traffic matters in Lake County, Cook County, McHenry County and/or Dupage County Illinois, please feel free to contact my office at (847) 680-1902 or by email at msuskin@attorneysuskin.net