Are you starting an LLC in Illinois?  Start here

Are you starting an LLC in Illinois? Start here

A Limited Liability Company or LLC is a business structure that is both easy and affordable to form in Illinois. There are specific steps and details that you must know when starting one: Decide on a name There are some naming requirements when choosing a name but the biggest factor is that the name must be recognizably different from the names of other business entities already on file with the state. If I form your LLC, an online search will determine if you can use the name that you are thinking of. Assign an agent Registered agents accept legal documents on behalf of the LLC and make sure its members are notified. An agent may be an individual who resides in Illinois, or a domestic or foreign corporation authorized to do business in Illinois. Get an EIN number If there are two or more members in your LLC, you will need to obtain an EIN from the IRS. Register with the Illinois Department of Revenue Create an Operating Agreement This is not a requirement but I would strongly argue for drafting one, especially if there is more than one member in the LLC. Annual Reports Each year you must report to the Secretary of State. The report is due each year prior to the first day of the LLC’s anniversary month (the month in which it was organized). If you would like legal advice on starting a Limited Liability Company in Illinois, please contact us. Also, if you have a trust, putting the LLC ownership interests in the name of the trust might be the best course of action...
What does a Donald Trump presidency mean for Estate Planning?

What does a Donald Trump presidency mean for Estate Planning?

Following the election of Republican candidate Donald Trump as well as the GOP’s retainment of a Congressional majority, significant tax reform has a distinctly higher probability of occurring now than it had under previous administrations. This is largely due to Donald Trump’s tax plan being substantially in agreement with the Tax Reform Tax Force Blueprint proposed by Republicans; both intend to have the alternate minimum tax eliminated, repeal the current estate tax, reduce & simplify income tax brackets, and lower taxes on businesses. Alternatively, Republicans could propose a budget reconciliation bill as a more stable solution, but since it necessitates an approved budget that is unlikely due to its inefficiency. Trump’s administration is also anticipated to affect a small number of regulatory initiatives, the two most prominent being the regulations regarding consistent basis reporting and the proposed regulations under Section 2704 of the Internal Revenue Code. The first of these regulations was announced by the IRS on March 4, 2016; this regulation would be administered in order to guarantee “a recipient’s basis in certain property acquired from a decedent be consistent with the value of the property as finally determined for Federal estate tax purposes.” The second was published by the Treasury Department on August 4, 2016, which proposed intricate regulations on valuation discounts for family-owned businesses under 2704; these regulations were deemed by the vast majority to be beyond the Treasury’s authoritative reach, as well as potential threat to family-owned businesses. These proposed regulations are intertwined with the federal estate tax; in the event that the estate tax is repealed, these regulations will no longer be applicable. With...
Do I need an attorney to purchase a new construction home?

Do I need an attorney to purchase a new construction home?

A lot of people are attracted to the comfort of buying a brand new home. The homebuilder makes it so easy now. You get to pick the land and customize the house just the way you want it. They may even make the sale offer extra enticing with additional “discounts” if you use their lender and title insurance company. When you have all the necessary components in front of you, some buyers may feel wrapped in a fake blanket of security. So, the question is, do you need an attorney when buying new construction? The simplest answer depends on how much you trust the title insurance company and lender. When purchasing a new construction home without an attorney, on closing day, you will go to the title office, sit down, and a title agent will place a large stack of papers in front of you. The title agent may tell you where to sign your name on each legal document, but she is not required to and will most likely not explain the documents. Once you sign all the documents, she will send them to your lender for approval. No one there will double-check the transfer documents i.e. deed and HUD form, to make sure they are correct. On more than one occasion, I have found a dollar error made by either the title insurance company or lender in favor of my client. If I weren’t there, the client would have been out that money. In those instances, the error that I found and corrected amounted to more than my attorney fee . So, how much do you really...
When and how should you update your estate plan?

When and how should you update your estate plan?

Updating one’s estate plan is usually not a complicated act when working with an estate-planning attorney. Depending on what has already been drafted, there are different options available. I recommend to all my clients that they should review their plans periodically. A very general rule to go by is that you should change your documents any time they are no longer what you want. Some obvious times when you should review you estate plan is any major change in your family – such as marriage, divorce, death, adoption, birth, etc. If one of your successor trustees or guardians for your minor children can no longer fulfill his or her responsibilities (because of a move away, become ill or die or change their mind), you should replace them. It is important to know that when you do need to change something in your estate plan, do not write on the original documents. Once you have signed the documents and it has been notarized, it must not be altered. If you need to change anything, an attorney will need to prepare an amendment to your documents that will be signed by you, have the proper amount of witnesses, and notarized to be valid in the state of...
Big News…We are expanding

Big News…We are expanding

It is with great pleasure and excitement that I announce a second office location for my clients. Over the past couple of years I have tried my hardest to give my clients a great legal service along with a friendly and accepting environment. Well, my past clients have spoken loud enough with numerous positive reviews and the professional world has noticed. Starting immediately, I have taken a position as, Of Counsel, for VLK Law Firm located at 200 West Main Street, Suite 102, St. Charles, IL 60174. What does this mean for you and for me? It means that you will be getting a better client experience with the option of meeting me at two different locations: downtown Elgin or downtown St. Charles. It means that I will have a better support staff with VLK on my side. And finally, it means that if you have a legal problem of any kind, think of Lauren Jackson Law, and we will be able to find the right attorney for your...
What is the attorney review period for a real estate transaction?

What is the attorney review period for a real estate transaction?

When you are buying real estate you have to sign a contract. Once the contract is signed by the seller time becomes of the essence. People believe that once you sign a real estate contract, everything in the contract is final. That is not true. Although I tell my clients to let me know before they sign a contact, the fact of the matter is, once you sign a real estate contract an attorney has five business days for a “review period” and to propose modifications. During the review period the attorney reviews the contract, makes sure all the appropriate signatures and initials are in the proper places, and verifies the contract states what was intended. If the contract does not state what you wanted, it may be cancelled. Also, during this time period, you (the buyer) should get an inspection on the real estate. Once we have the inspection report, we will review the inspection and use that report to ask the seller to fix any items that are covered. If you are unable to get an inspector out within five days, I am able to ask for an extension of the review period. As long as you have something scheduled, asking for an extension should not be a problem. In summary, once you sign a real estate contract you still have time to change the contract if you are within the attorney review period. When considering whether to sign a contract, please get a copy over to my office as soon as possible....