Experienced Oak Brook, Illinois Attorney
Assisting Clients with Estate Planning, Family Law, and Criminal Issues
Michael V. LoCicero, Attorney at Law, represents clients throughout DuPage County and Cook County; including the city of Chicago and its suburbs. Attorney Michael provides professional legal representation in several practice areas: estate planning, family law/divorce, criminal law and traffic offenses.
Estate Planning in DuPage and Cook Counties
Planning an estate involves creating a strategic plan to ensure that your assets will be used for your benefit during your lifetime, but also to ensure the smooth administration of your final affairs upon your passing. Not having your affairs in order prior to your incapacitation or death can lead to many complications. Some of the common areas of estate planning include:
- Wills - With a simple will, one must name an executor, appoint guardianship or custody to children and decide how funds will be distributed.
- Living Will - A living will contains your written direction regarding the further health care decisions to be made when you are unable to decide for yourself.
- Trusts - A living trust is established while a person is alive. It is a documented agreement that entrusts someone else to manage your assets. A major benefit of a living trust is having the peace of mind to know your affairs will be handled should you suddenly become ill. Special needs trusts protect any of your dependents with disabilities and make sure they are provided for in the event that something happens to you.
- Powers of Attorney – A Power of Attorney entrusts someone else to manage your affairs. A Power of Attorney for Healthcare entrusts someone else to manage your financial affairs because of your inability or for a limited time or specific purpose. Powers of Attorney for Finance lets someone access your funds, handle your finances, and manage your property.
- Estate Probate - Probate is the term used to describe the required legal process in which your estate is administered because your estate contains assets, in your name only, at the time of your death, which exceeds $150,000 in value. Estate probate usually involves issues such as the payment of debts, liquidation of assets, eventually leading towards the distribution of your net assets to your designated survivors. Once appointed by the court, the executor of the will is entrusted with following the terms of your will.
When a relationship ends, family lawyers are usually called upon to assist in resolving the issues that arise from these unpleasant situations. Family law encompasses a broad scope of potential issues. Often times, children and their well-being are involved, which makes finding the right attorney very important. In a contested situation, you need someone who will fight for you or defend you. In an uncontested situation, you need someone who will achieve the results you want, without piling up unnecessary costs and legal fees. Here are some of the divorce and family law issues Michael V LoCicero handles:
- Child Custody and Support - The state of Illinois has guidelines that establish the amount of child support. If you are the custodial parent of a minor child, you are entitled to receive child support for the support of your child. If you are the non-custodial, paying parent, your failure to pay child support may result in penalties that may include loss of license and possible jail time. Child custody hearings are pivotal in deciding with which party the child will reside, how the child is raised, supported, and visited.
- Maintenance – Maintenance, formerly known as alimony, is the on-going periodic support payments from one spouse to another when one spouse has the ability to pay the other spouse establishes their need. The establishment, enforcement, and modification of maintenance often requires future court appearances to resolve arising issues.
- Paternity/Parentage – Whenever the parents of a child are not married, a court proceeding may be initiated or necessary to establish the paternity, custody, support, and visitation with the child.
- Prenuptial Agreements – A prenuptial agreement, created prior to marriage is a legal contract which determines how assets will be divided in the event of a divorce. This protects individuals from losing their pre-marital assets in a divorce and gives them the right to keep what they owned before the marriage without further division by the court in a divorce proceeding
- QDRO – A Qualified Domestic Relations Order is a court order that is required to accomplish a division of a retirement or pension plan following a divorce.
- Visitation – Primary custodians have custody, but that does not mean non-custodial parents cannot see their children. Drawing up and enforcing visitation rights is helped by the hand of an experienced attorney.
- Orders of Protection – In instances of abuse occurring in a household between related or family members it may be necessary to go to court to obtain a restraining order to protect one from such abuse. This relief may be available on an emergency basis upon proper petition to a court if someone’s physical well-being is threatened.
- Limited Scope Representation - This allows a client to attain the unbundled services of an attorney for specific tasks in all areas of family law at a much lower cost than conventional attorney full-representation.
Mr. LoCicero represents clients in many different areas of criminal law, including:
- DUI - Arrests for DUI (Driving under the Influence) can carry a minimum six month license suspension, conviction, fines and possible incarceration. Defendants could also face high surcharges, community service and probation. In the state of Illinois, anyone with a BAC (Blood Alcohol Content) of .08 is subject to arrest for DUI.
- Theft - The criminal act of taking property that does not belong to you. Petty theft is stealing merchandise under $500. Stealing merchandise with a value above $500 is considered grand theft.
- Retail Theft - Also referred to as shoplifting, retail theft describes stealing property from stores and places of business.
- Battery – any unlawful and impermissible contact with an individual constitutes a battery charge. Domestic battery cases occur when such conduct occurs within family members, boyfriends, girlfriends or spouses. In addition, aggravated battery, an enhanced form of battery resulting from the use of a weapon can lead to jail time and higher fines.
- Drug Charges – An offense arising out of the use, possession or sale of banned substances. Depending on the amount or specific act involved, these charges may result in fines or incarceration. These charges may become Felonies based upon the specific act or amount involved, which may result in more severe penalties.
Traffic offenses can lead to fines, points against your license and the eventual suspension of a driver’s license. A skilled and knowledgeable traffic attorney can often help in avoiding a conviction for a traffic offense. The following are some of the more common traffic violations you may need help defending:
- Passing a School Bus – This infraction comes with a $150 fine and mandatory license suspension of three months. A second offense entails a $500 fine and loss of license for a year.
- Failure to Yield to Emergency Vehicle – This is considered a business offense and can come with a fine between $100 and $10,000. It can also bring about the suspension of your driver’s license.
- Driving with a Suspended/Revoked License – This infraction carries varying penalties and could make restoring your license far more difficult.
- Speeding in a Construction Zone – Although considered a petty offense, the combined minimum fine is $375.
- Aggravated Speeding – A driver traveling 26 MPH or more over the speed limit can be charged with aggravated speeding. Penalties for this offense may include points, fines, loss of license and potential jail time.
- Operating an Uninsured Motor Vehicle – A license suspension of three months could be invoked as well as fines and points. Illinois state law requires every automobile to be insured.
If you need assistance and/or representation in any of these areas of the law, contact Michael V. LoCicero, Attorney at Law, today at 630-932-7007 for a free consultation.