Newland Law Centers, LLC
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The Differences Between A Trust And A Will

Written by Charles Newland

trust word, estate planningWills and trusts are two common legal instruments of estate planning. A will is a legal declaration of an individual’s wishes for the distribution of their assets after they have died. A trust also provides for asset distribution upon death, but can also control assets during the client’s lifetime and can place parameters on distribution after death.One of the major differences between a will and a trust is that a will must go through the process of probate for the distribution of assets of a deceased person, whereas Read More

Little Known Facts About Revocable Living Trusts

Written by Charles Newland

"Did you know" words shown on a newsletter, living trust factsThere are a few facts about revocable living trusts that might seem a bit surprising to many individuals who are interested in this effective estate planning tool. While a living trust is often an adequate solution for avoiding lengthy probate and the expenses that are associated with this burdensome process, it may not be the right choice for everyone. Before deciding to create a living trust, it is advised that consumers learn the facts and compare their options. Read More

Designing an Estate Plan to Survive a Legal Challenge

Written by Charles Newland

quill drafting, estate planningTaking certain precautions when drafting estate-planning documents can help to avoid future legal challenges by disgruntled family members. One common will contest involves allegations that the family members were incompetent when they drafted their wills. Others may involve arguments that the testators were unduly coerced when they drafted their wills or that the wills were not properly executed. A legal challenge is far less likely to prevail if the decedent demonstrated his or her competence. Spouses may want to hire separate attorneys to prepare their wills in order to prevent future conflicts. Read More

Debtors’ Ability to Strip Liens in Bankruptcy

Written by Charles Newland

luxury homeA “lien” is an interest, taken by a creditor, in the real or personal property of the debtor, for the purpose of securing a debt or a loan. Liens can be voluntary, such as home mortgages, or involuntary, such as a judgment or a tax lien. Lien holders, or “secured creditors,” are guaranteed repayment of the debt or loan, even when the debtor files for bankruptcy. Thus, lien rights survive bankruptcy, but only to the extent that the lien is not “stripped down” or avoided. Read More

Chapter 7 Bankruptcy Does Not Discharge Consumer Debts Owed For Luxury Goods

Written by Charles Newland

pBoatFromAbove_10179931_sChapter 7 Bankruptcy, also called “straight bankruptcy,” generally discharges all debts incurred prior to the debtor’s filing, and is intended to provide an individual debtor with the relief necessary to make a fresh start. However, not all debts are dischargeable under Chapter 7. Among the exceptions to discharge are certain last-minute consumer debts owed by an individual debtor for “luxury goods or services.”
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Remedy for Non-Compliance with Bankruptcy Court Orders

Written by Charles Newland

pGavelAndLawbooks_4469868_sThe bankruptcy court controls the processing of bankruptcy cases. In many instances, the court must issue orders to force a debtor or creditor to cooperate. For example, the court may order a debtor to disclose certain assets, or may order a creditor to stop any attempts to collect a debt while the debtor’s bankruptcy case is pending. However, some people refuse to obey valid orders issued by a court, and this may lead to contempt proceedings being brought against them. Read More

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We represent clients in Arlington Heights, Chicago, the Northwest Suburbs, and Lake County. Contact our office at (847)797-9300 to schedule a free consultation.

Cook County OFFICE

3601 W Algonquin RD, STE 990
Rolling Meadows, Illinois 60008

LAKE COUNTY OFFICE

728 Florsheim Dr
Libertyville, Illinois 60048

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Phone: (847) 797-9300
Fax: (847) 797-9301