Whether you’re dealing with a home, business location or an investment property, buying or selling real estate involves a significant expense, which is why legal issues arise and attorneys are needed. Real estate law involves the transfer and development of property as well as any difficulties that may arise in the process. Whether you are looking to buy a home or sell a commercial property, you need the guidance and resources of an experienced attorney.
Some common issues that we deal with:
- Purchase, sale, and development of residential and commercial property
- Financial strategy and tax issues
- Title insurance
- Mortgages, liens, and easements
- Closing and review
- Landlord/Tenant issues
- Construction contracts and zoning
- Disputes and litigation
Every party involved in the process deals with these issues and we represent buyers, sellers, landlords, tenants, developers, brokers and lenders. Each case is different, but whether you have a specific need or you are just considering a real estate transaction, we will deal with yours in both a personal and cost-efficient manner. Depending on your specific case, we may advise as to your property rights, discuss your issues and concerns or negotiate a contract. The ultimate goal is to see the client in a secure home or with a profitable investment.
If you have further questions or are ready to set up an appointment contact the Law Office of Rudnick & Hosek, Ltd.
ESTATE PLANNING & ELDER LAW
An estate plan is a strategy for the distribution and protection of assets in the event of incapacitation or death. Any subject that deals with death can be uncomfortable to confront and there is a perception that wills and trusts are overly complicated, however, it is important to realize that if a death or incapacitation does occur, without proper planning, the cost will be exponentially greater for the immediate family and things may not work out as the deceased would have wished. Immediate family members do not automatically take over finances after a death and without a plan, the assets of the deceased are controlled by a probate court rather than a beneficiary, which can lead to estate taxing, judicial appointment of a third-party Administrator to handle assets, conflict among family members, or other costly and time-consuming processes. If you are married, have children, own property or other significant assets, it is critical that you devise an estate plan that ensures that your wishes are met and expenses are minimized.
Your Estate Plan may include a:
- Living will
- Power of Attorney
- Medical Power of Attorney
- Health care rights for physicians
- Advance Health Care Directive
- Life Insurance and retirement planning
- Litigation of disputes
Elder law is a branch of estate planning that deals with needs that arise from old age, specifically medical. It is important that you choose an attorney with experience in this field that understands the aging process and can properly plan for the future.
Besides those listed above, aspects of Elder law include:
- Social Security
- Disability claims
- Nursing home placement
- Mental health issues
We will sit down with you one-on-one, decide which features best fit with your goals and guide you through the documents needed to implement them. This may be a simple will or something more complex. Regardless, we will continue to work with your plan if it requires updating in the future. Your estate plan will not only provide security for your family and peace of mind for yourself, but often the savings in taxes and probate costs will far exceed those of developing it.
If you have further questions or are ready to set up your plan today contact the Law Office of Rudnick & Hosek, Ltd.
The field of domestic relations law is a general area that deals with legal issues that arise within families. These issues often arise at difficult times and it is important that you have the knowledge and experience of an attorney on your side to explain your options and rights and make sure that your interests are reflected in the outcome. The most common type of case in this field involves the separation of spouses, but even this is a relatively broad area that includes divorce, dissolution, and annulment. Divorce is the process of one party bringing a lawsuit against his or her spouse in an attempt to end a marriage, whereas dissolution means that both parties have come to a legal agreement to end the marriage and divide assets. An annulment rules that a marriage was invalid to begin with and erases the legal record.
Other common cases are:
- Child custody, support and visitation rights
- Paternity issues
- Domestic abuse
- Prenuptial Agreements
Domestic relations cases often involve fierce disputes and even if there is an agreement between parties you need an experienced attorney to make sure that every detail is constructed with care, because your decisions may affect the rest of your life and the lives of your family. Whether your case simply requires guidance through paperwork or representation in litigation, we will do everything in our power to both put your mind at ease and get results. If you feel that it is time to end your marriage, we will analyze your family situation and plan the most efficient course of action, whether that is mediating a dissolution agreement, building a divorce case, or a more unique solution.
If you have questions about whether your domestic issues require a legal solution or are ready to set up an appointment, contact the Law Office of Rudnick & Hosek, Ltd.
Personal injury law involves injuries that are the result of another’s negligence and seeking compensation for the financial losses they cause. Any such situation could fall under personal injury law and it is a broad field.
Some common cases involve:
- Vehicular or pedestrian accidents
- Construction accidents
- Work injuries
- Dog bites
- Wrongful death
- Medical malpractice
The aftermath of an injury can be a stressful time as medical bills, time off from work, car repairs, and physical and emotional pain add up, but with a good attorney the legal system can help. You may wonder whether your case is worthy of compensation or worth the hassle of litigation or you may simply need help dealing with insurance companies or medical care providers. We will assess the specific facts of your case and discuss possible courses of action including settlement offers and litigation. We will be there for counsel when any new developments arise in the case and only require a contingent fee, meaning we only get paid if a recovery is made.
If your life has been significantly affected by an injury that you did not cause, it is in your best interests to inquire about taking legal action. To learn more or set up an appointment to talk about your case, contact the Law Office of Rudnick & Hosek, Ltd.
When a business or individual’s income is insufficient to pay off debts, bankruptcy is an option guaranteed by the U.S. Code that is designed to help ease the burden of debt. Bankruptcy most often results from credit card debt, medical bills, job loss, or divorce.
We help clients to file two kinds of Bankruptcy.
Chapter 7 Bankruptcy
Or “liquidation” is much more common, usually only lasts six months or less and generally leads to the clearance of all debt. Alternately, this type of bankruptcy sometimes requires forfeiture of some property, but often a party is able to keep all property and usually most of it.
Chapter 13 Bankruptcy
Is used to “buy time” for someone who is experiencing debt, but should eventually be able to pay it off with a 3-5 year plan. The upside over Chapter 7 is that it allows the individual to keep property that could be surrendered under Chapter 7. Chapter 13 Bankruptcy can also be used to pay off debt to the IRS, which cannot be liquidated. Chapter 13 bankruptcy requires a steady income and can only be filed by individuals, not businesses.
If you decide to explore the possibility of filing bankruptcy, we will meet with you and review your financial information, such as income and expenses, as well as your total debt. We will determine whether you are eligible for Chapter 7 Bankruptcy and decide what action to take (which may not involve bankruptcy).
Bankruptcy may seem like a daunting undertaking, but it is designed by the government to help in difficult financial situations and is an option that you should consider if debt has become a burden on your life or business.
If you have questions or are ready to set up an appointment and get started, contact the Law Office of Rudnick & Hosek, Ltd.
CRIMINAL DEFENSE & DUI
Criminal defense involves the protection of the rights of an individual who is being prosecuted for an act that he or she allegedly committed in violation of the law. You may be summoned to local, state, or federal court depending on the location and severity of the crime. If convicted, no matter what the crime, there is a range of penalties that can be applied by the judge which may include fines, probation and jail time.
Driving Under the Influence (DUI) is one of the most common criminal convictions and can have dire consequences. If you are operating a motor vehicle with a BAC (blood alcohol content) of at least .08% or are under the influence of impairing drugs and an officer has cause to pull you over, you can be asked to take a breathalyzer test and arrested for DUI. If convicted, you will face fines, suspension of your license and possible probation or jail time.
Some other criminal acts include:
- Domestic violence
- Drug crimes
- White collar crimes
- Sex crimes
- Driving with a suspended license
- Violation of probation
- Bench Warrants
Regardless of whether you feel you are guilty or innocent, if you are summoned to defend a criminal or traffic charge, you will be facing professional prosecutors and you need an attorney who knows their strategies and has the experience and skill to match. We will perform a thorough investigation of the incident and negotiate a settlement or prepare a strong case for litigation if it becomes necessary. We will also be there to answer your questions and keep you informed and prepared throughout the process.
If you are pulled over for DUI, you have the right to speak with an attorney before answering any questions or taking any tests. If you are charged, we will defend your case throughout each stage of trial.
First, you will make an initial appearance where the judge will enter a not guilty plea and decide whether to release you on own recognizance (promise to reappear), under supervision or on bond. Next, you will be summoned for arraignment where your plea is officially entered (we may be able to appear for you).
Then, a preliminary hearing will take place where the prosecution must prove probable cause for the charge. If the case makes it past this point and is not settled, a trial will take place where the case is argued and decided and the defendant is sentenced if a guilty verdict is found.
Even in a DUI case against the state, the burden of proof is always on the prosecution, and a strong defense attorney will make sure that the law is on your side.
If you have been charged and wish to set up an appointment or have questions, contact the Law Office of Rudnick & Hosek, Ltd.