Author: Linsi Tuttle

Naperville Business Lawyer Discusses the Right to Refuse Service

Posted on December 7, 2016

As a business owner, you are probably familiar with the maxim “We reserve the right to refuse service to anyone.” In fact, you may have a sign or poster displayed prominently in your place of business with those exact words or a similar approximation of them. But, does the law really give you the right to refuse service to particular person or group of people? In my practice as a business law attorney, I am frequently approached with this exact question. The answer, as with many areas of the law, […]

Posted in Business Law

The Basics of Intestate Succession From a Naperville Estate Planning Lawyer

Posted on August 12, 2016

For many people, even beginning the conversation about estate planning can be difficult. It is not easy to confront the fact that you will not live forever and drafting a will, trust, and other estate planning documents forces you to look beyond the end of your life. As an estate planning attorney with decades of experience, I truly understand the challenges involved in the process, but I also recognize how crucial it is to have a plan in place. If you die without having executed a will, there is a […]

Posted in Estate Planning

Naperville Employment Attorney Discusses How to Contest an Unemployment Claim

Posted on July 31, 2015

When you hire a staff to help your company meet your customers’ needs, you are primarily focused on the ability of your employees to get the job done. You expect them to be punctual, efficient, and productive while contributing to your company’s continued success. From time to time, you will likely see employees leave to pursue other opportunities. You will also probably need to terminate a member of your staff on occasion for non-compliance with company policies or poor production. In such a situation, your former employee may seek to […]

Posted in Business Law

Know the Risks of a Personal Guarantee for Your Business Loan

Posted on July 22, 2015

For many small business owners, especially those who are just starting out, avenues for raising operating capital may be rather limited. If you are in such situation, you may have no choice but to apply for loan that requires you to offer a personal guarantee of its repayment. Over the years, many of my clients have come to me asking about the potential pitfalls of personally guaranteeing a loan, and while a personal guarantee business loan may be necessary, you should certainly understand what may be expected of you. Personal […]

Posted in Business Law

Small Business Attorney Examines the Illinois Religious Freedom Restoration Act

Posted on April 1, 2015

The recent passage of the controversial Religious Freedom Restoration Act in Indiana has dominated headlines across the country, igniting fierce debate and harsh words from across the political spectrum. Many of my clients have been wondering if Illinois has passed or would consider passing similar legislation and how such a law would affect their rights as business owners. A large number are surprised to learn that Illinois, in fact, did pass a Religious Freedom Restoration Act (RFRA) in 1998, and while similar in some ways to the Indiana law, also […]

Posted in Business Law

Attorney-Client Privilege During a Will Contest

Posted on March 26, 2015

Lately, I have been hearing a great deal of talk about a case currently before the Illinois Supreme Court. The high court recently heard oral arguments in a case called Brunton v. Kruger, which asks the court to consider the scope of the accountant-client privilege during probate. Specifically, the court must determine what happens to the privilege after the client dies and to what extend this privilege can be waived. Here are the basic facts of the case: An elderly couple hired an accounting firm to perform estate planning services. […]

Posted in Estate Planning

The Rights of Surviving Spouses and Dependent Children

Posted on January 26, 2015

Preparing an estate plan is a wise decision. However, even with a valid estate plan in place, your express wishes might not be carried out. For example, Illinois probate law affords special rights to surviving spouses and minor children that could contravene specific provisions in your will. Electing to Take a Statutory Share The surviving spouse has the right to renounce the decedent’s will in favor of taking a statutory (or elective) share of the decedent’s probate assets. This statutory share amounts to one-third of the estate if there are […]

Posted in Estate Planning

Filing a Claim against a Decedent’s Estate

Posted on January 12, 2015

When a person dies in Illinois, anyone who has a claim against a decedent’s estate —whether it is a contract, tort, or statutory custodial claim—may file that claim with the estate representative or with the court. (Note that if you file the claim with the representative, he or she has no obligation to file the claim in court.) The claim must be in writing and provide enough information so that the representative understands the nature of the claim and the relief sought. For example, someone who entered into a contract […]

Posted in Estate Planning

Flexible Service Levels Agreements: Fostering Trust and Commitment

Posted on December 16, 2014

Service level agreements, or SLAs, are contracts entered into by service providers and an end user—typically another business. Both large and small businesses utilize SLAs with service providers, though at least arguably it is the larger businesses who possess more bargaining power when contracting under SLAs. In addition, SLAs are out-based contracts that exist primarily to provide specifications about the levels/metrics of services that are expected to be received. However, SLAs do not define the actual service that will be provided or delivered. The typical metrics specified in SLAs include: […]

Posted in Business Law

Modifying an Existing Will

Posted on November 19, 2014

When a will is created, it must be in writing and signed by the testator—the person for which the will is made—or by a person in the testator’s presence and by the testator’s direction. Additionally, it must be attested in the presence of two or more credible witnesses. Can Wills be Modified? Illinois probate law permits testators to make additions to their lawfully executed wills with a codicil—a supplement that alters, amends, or modifies a will instead of replacing it. A codicil republishes the will, which means that probate is […]

Posted in Estate Planning

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