The Law Offices of Phillip J. Robertson

General Practice Attorneys, Administrative & Governmental Law Attorneys, Attorneys

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Mon - Fri:	8:30 am - 6:00 pm
Sat:	10:00 am - 2:00 pm

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Email: Email Business
Neighborhood: Crystal Ridge
Other Link: http://www.mchenrycountylegal.com
Categories: General Practice Attorneys, Administrative & Governmental Law Attorneys, Attorneys, Bankruptcy Law Attorneys, Bankruptcy Services, Business Law Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, Divorce Attorneys, Family Law Attorneys, Labor & Employment Law Attorneys, Malpractice Law Attorneys, Personal Injury Law Attorneys, Real Estate Attorneys, Tax Attorneys, Wills, Trusts & Estate Planning Attorneys

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Details

Phone: (847) 602-9374

Address: 60 W Terra Cotta Ave Ste B, Crystal Lake, IL 60014

Website: http://www.mchenrycountylegal.com

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The Law Offices of Phillip J. Robertson

Divorce
Premarital Agreement
A standard operating agreement includes the members' percentage interests in the business; the members' rights and responsibilities; the members' voting power; allocation of profits and losses; how the LLC will be managed; rules for holding meetings and taking votes; and "buy-sell" provisions that control what happens when a member wants to sell his interest, becomes disabled, or dies. Although it is frequently overlooked when an LLC is created, a buy-sell agreement is important as a sort of "premarital agreement" among the owners. The buy-sell provisions can clarify and ease the transition when the inevitable changes come to the members of the LLC.
Guardianship
Planning for the future well-being of your company is one of the most important tasks an owner can undertake, yet too often the task gets overlooked in the myriad of day-to-day matters that an owner needs to address. That’s where the firm’s expertise can assist you in handling this critical issue efficiently and comprehensively, so you can have peace of mind knowing that your company’s future won’t be left to chance. The firm can also assist you and your loved ones with routine estate planning matters, such as wills, trusts, guardianships, family limited partnerships, life insurance trusts, charitable trusts, living wills, powers of attorney, and probate, as well as assist them in applying for government benefits (Medicaid, SSI, SSDI, or Veteran’s benefits).

Criminal Defense
Fraud
In January 2002, Phil became the Director of the Rockford Regional Office for the Illinois Attorney General’s Office. The Office covered 13 counties in Northwest Illinois. Along with his staff, Phil was responsible for handling all the debt collection cases in those counties on behalf of the Illinois Department of Revenue, the Department of Children and Family Services, the Illinois Department of Transportation, and the Illinois Department of Mental Health. He also handled all the administrative review cases in those counties on behalf of the Illinois Department of Employment Security, as well as investigations into consumer fraud complaints brought by businesses and individuals under the Illinois Consumer Fraud Act.
Theft
Identity Theft
Periodically review your credit reports from the three major credit bureaus. If an unfamiliar card or transaction shows up, you may already be a victim of identity theft. You get one free report from each of the credit bureaus in a year, so, to maximize your monitoring, get one free report from one of the bureaus every four months.

Business and Corporate Law

Corporate Law
Business Disputes
Business Transactions
The firm specializes in addressing all of your general business needs – from deciding which business entity to form for your entrepreneurial endeavor, to determining how to capitalize your dream, or just your next big project, and all the procedural and regulatory requirements along the way, including Regulation D filings and securities registrations. We can also assist in handling business transactions related to the structure of the entity, from membership and stock redemptions and corporate re-structurings to winding up the entity’s business affairs, as well as helping you observe all the corporate formalities.
Limited Liability Companies
A limited liability company (LLC) is a business structure that combines some of the best features of sole proprietorships, partnerships, and corporations. LLC owners, like their counterparts for partnerships or sole proprietorships, report profits or losses on their personal income tax returns. Like a corporation, however, the owners of an LLC have "limited liability," that is, they are shielded from personal liability for debts and claims arising from the business.

Employment Litigation
Employment issues are a routine part of business, but when they happen to your company, they are anything but routine. That’s why the firm doesn’t take a “one-size-fits-all” approach to your company’s employment matters. From advising your HR personnel regarding recent changes in ERISA, COBRA, and HIPAA, to assisting in establishing a SEP or 401K plan, and from drafting appropriate personnel policies and procedures, to handling even the most sensitive employee retention problems (including discharge hearings, and filings before the Equal Employment Opportunity Commission and the Illinois Human Rights Commission), the firm will take the time to listen to your needs and customize a solution that is right for your business.

Real Estate Litigation
Construction Litigation
Hartford Casualty v. Construction Builders in Motion, a homeowner brought a breach of contract action against her general and sub-contractors for defective workmanship on the construction of a single-family residence. The contractors filed claims with their insurers seeking defense and indemnification. The insurers then sued in Federal Court seeking a declaratory judgment that they were not obligated to defend or indemnify the contractors in the underlying suit under their Commercial General Liability policies, since the actions complained of were not covered. The District Court agreed and granted summary judgment in their favor. The Court ruled that, based on the language of the policies, in order for the contractors to be covered in the underlying action the plaintiff would have had to allege property damage as a result of an "occurrence" that was essentially accidental in nature. The Court stated that there is no coverage where the underlying suit alleges damages that extend only to the construction project itself as a result of construction defects or faulty workmanship. Instead, only when the alleged damage is to property
Land Use and Zoning
Property Damage

Personal Injury
Marquette University in Milwaukee, Wisconsin, in 1989 and his law degree from Northern Illinois University in DeKalb, Illinois, in 1992. After passing the bar, Phil opened his own law practice in DeKalb, Illinois, focusing on personal injury, criminal, and family law cases.
Medical Malpractice
In August 1995, Phil left the Attorney General’s Office and returned to the private sector as an associate at Campion, Curran, Rausch, Gummerson & Dunlop in Crystal Lake, Illinois. There he focused on personal injury cases, medical malpractice cases on behalf of physicians in Northern Illinois, real estate matters, criminal law, family law, and estate planning.

Trusts and Estates

Estate Planning
Upon one's death, there are a number of tax consequences for the executor or administrator to consider. The most notable is the estate tax, which is based upon the value of one's estate at death. The value of your estate is based upon the fair market value of all of your assets (your "gross estate"), minus certain allowable deductions and (in special circumstances) reductions in the value of your assets. Allowable deductions may include mortgages and other debts, estate administration expenses, and property passing to surviving spouses (the "marital deduction") and qualified charities. Once your "net estate" has been calculated, the value of any lifetime taxable gifts is then added, and the tax is computed. The tax is then reduced by the unified credit available to you at the time.
Wills
Trusts
Most simple estates do not require the filing of an estate tax return. However, a filing is required for estates with combined gross assets and prior taxable gifts exceeding $5,000,000 for decedents dying in 2011, $5,120,000 for decedents dying in 2012, and $5,250,000 for decedents dying in 2013. (The exemption amount is to be "indexed up" in subsequent years, barring any further Congressional changes.) Keep in mind that the gross estate will most likely include non-probate assets (such as assets that may pass by beneficiary designations) as well as probate assets, and may also include assets held by the decedent in a revocable living trust.
Power of Attorney
Probate

Bankruptcy
In this case, the decedent named her daughter as the sole beneficiary of her IRA, and when the owner passed away the following year it was worth about $450,000. The daughter elected to take monthly distributions from the inherited IRA. Nine years later she filed for Chapter 7 bankruptcy protection, and she sought to exclude the IRA (now worth about $300,000) from the estate. The bankruptcy trusteee and unsecured creditors objected to the claimed exemption on the grounds that the funds in the inherited IRA were not "retirement funds" under the law. The Bankruptcy Court agreed, but was reversed by the District Court, which held that the exemption covered any funds originally accumulated for retirement purposes. The Seventh Circuit reversed the District Court, pointing to the different rules governing inherited IRAs, and stating that "inherited IRAs represent an opportunity for current consumption, not a fund for retirement savings."
Tax Law
Whether you have questions about your Federal or State income tax filings, or questions about whether your real estate holdings have been appropriately assessed, the firm can address your tax needs. The firm can also assist if you have a dispute with the IRS or the Illinois Department of Revenue regarding a tax issue or alleged tax liability (present or past), including audits, and can handle your administrative tax appeal before either agency, as well as any appellate litigation that may result from an adverse administrative decision from either agency.
Debt Collection
When the time comes to collect, rest assured that the firm is well-versed in the art and science of collection, having handled hundreds of collection disputes (from the typical small claim to much larger actions) in both State and Federal courts. It is truly a skilled litigator that can quickly and efficiently take a matter from complaint to judgment, but one must also have the ability to pre-assess the true financial value of a case up front and advise a client, before filing, whether a judgment once obtained will be worth more than the paper on which it is written. We routinely conduct pre-litigation asset searches to let you know, from the outset, whether a collection action will be worthwhile or a waste of your time and money. The firm will tenaciously pursue judgment debtors until collection is accomplished.

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