Bellatti, Fay, Bellatti & Beard
Jacksonville, Illinois
Practice Areas

Illinois Business and Commercial Law, Estate Planning, and Real Estate and Construction Law Attorneys

At our firm, we develop partnerships with our clients which are based on consistent communication and frequent interaction. This results in a highly productive client-attorney relationship and allows us to anticipate our clients' needs. This partnership succeeds because of our ability to assist our clients, both large and small, achieve their goals.

Business and Commercial Law

Our firm is adept at achieving the business objectives of our clients in all types of cases. Our attorneys have business backgrounds and experiences as varied as the clients we serve. We advise clients on planning and litigation strategies, deciding whether to settle disputes, and whether to pursue alternative dispute resolution procedures such as mediation or arbitration. Our business law attorneys handle a wide variety of matters, including:

  • Organization and formation of corporations, limited liability companies, partnerships, and other business entities
  • Business counseling
  • Business purchases and sales
  • Commercial transactions
  • Contract drafting and negotiation
  • Employment law issues
  • Financing and development
  • Family limited partnerships
  • Business succession planning

Our business background and training allows us to develop personalized plans that meet the demands of today's competitive business environment. We are results-oriented and have an outstanding track record for carefully creating and monitoring innovative programs that precisely address the diverse needs of our business and corporate clients.

Estate Planning

Many people delay proper estate planning because they do not like to think about death. Estate Planning is generally considered the process by which people develop a plan that ensures that the assets they have worked so hard accumulating during their lifetime are protected and distributed to those they love. Depending upon the size and composition of your estate, the Internal Revenue Service (IRS) may take a large portion of your assets. Fortunately, it is not too late to minimize the effect of taxes. We can help you implement a variety of advanced tax strategies to keep your assets out of the hands of the IRS. Our expertise includes:

  • Wills and Testamentary Trusts
  • Property Powers of Attorney
  • Health Care Powers of Attorney and Living Wills
  • Revocable Trusts
  • Life Insurance Trusts
  • Educational Trusts
  • Bypass Trusts
  • Charitable Remainder Trusts
  • Generation-Skipping Trusts
  • Business Succession and Insurance Planning
  • Medicaid Planning
  • Special Needs Trusts

The tools listed above accomplish client-specific goals. For instance, they are used to plan for the disposition of someone's estate at their death. They can be used to reduce the estate tax burden imposed at death. Finally, they can be used to make appropriate plans in the event someone becomes incapacitated or otherwise unable to care for themselves. At Bellatti, Fay, Bellatti & Beard, in Jacksonville (Morgan County), Illinois, we assist clients by determining their specific estate planning needs and objectives, and coordinating the various estate planning tools to ensure that those needs are effectively met. Through this process, a client can achieve peace of mind,  knowing that they have adequately planned for the future.

Probate & Estate Administration

Legal activities in this grouping put Estate Planning tools into action. We represent fiduciaries and beneficiaries in all Illinois probate courts by filing all of the necessary pleadings to admit a decedent's will to probate, preparing all documents and filings required under Illinois laws and procedures, and preparing income and estate tax returns for the estate. Trust administration does not usually require court pleadings or filings, but many of the same administration, distribution, and tax issues are present and require attention. In this area, we counsel fiduciaries regarding the rights and interests of beneficiaries, and recommend steps or actions to help the fiduciary operate the trust in compliance with the appropriate fiduciary laws and avoid personal liability for their actions, or inaction. Experience enables us to counsel surviving spouses and children during this transition and help them make sound legal decisions for their future.

Estate planning concerns do not disappear after the death of a loved one. The person chosen to oversee an estate after someone passes away faces a challenging task: to sift through the tax elections and options and select the ones that will minimize federal estate, gift, and income taxes. There may or may not have been sufficient pre-death tax planning and there may be some flexibility in the estate plan. We have extensive experience in this area and can advise families of all of their options.

Post-mortem planning considerations include:

  • Estate Tax Elections, including IRC Sections 2032A and 2057
  • Disclaimers
  • Income Tax Planning
  • Generation Skipping Tax (GST)
  • Estate and Gift Tax Exemptions

Real Estate and Construction Law

Real estate developers, investors, and lenders come to Bellatti, Fay, Bellatti & Beard for our business approach to transactions and understanding of their needs. They stay with us because of the reasonable feesthat result from our size, location and efficient staffing of real estate transactions and related litigation.

We are an agent for the Attorneys' Title Guaranty Fund, and also represent buyers and sellers in all types of commercial and residential projects. We thoroughly immerse ourselves in the details of the business aspects of each deal and in all transactions - our goal is to enable the client to make the deal happen.

Our firm also represents owners, contractors, developers, and suppliers in all stages of the construction process. We have expertise and experience in resolving all types of construction-related disputes.

Our services extend to the following areas:

  • Contract negotiation
  • Preparing purchase agreements, deeds, and bills of sale
  • Title opinions and insurance
  • Income, estate, and gift tax ramifications
  • Commercial and retail leases
  • Financing
  • Zoning, land-use and administrative processes
  • Construction and architectural agreements
  • Mechanics and material liens
  • Construction claims and dispute resolution

Bankruptcy

We represent many banks, credit unions, agricultural lenders, other commercial clients, and individuals in bankruptcy proceedings.  We represent both creditors and debtors in the following matters:

  • Chapter 7 liquidations
  • Chapter 12 and Chapter 13 reorganizations
  • Security interests
  • Formulation and confirmation of plans of reorganization and liquidation
  • Litigation involving leases and contracts
  • Asset sales
  • Valuation proceedings
  • Automatic stay litigation
  • Bankruptcy appeals

As debtors’ attorneys, we are required by the bankruptcy law to disclose that we are a debt relief agency, and we help people file for bankruptcy relief under the Bankruptcy Code. 

Our attorneys practice in the bankruptcy courts in the United States Bankruptcy Court for the Central District of Illinois and on a case-by-case basis in the United States Bankruptcy Court for the Southern District of Illinois.

Debtor/Creditor Law

We represent creditors, debtors, and other interested parties in court proceedings at the state and federal level, in out-of-court workouts, and in federal bankruptcy cases. Our attorneys represent creditors and debtors in a wide range of contexts, including:

  • Collection litigation
  • Judgment enforcement
  • Workouts

Our attorneys take a practical approach to bankruptcy and creditor/debtor law, recognizing the cost and risk of litigation, and the significant value of a speedy resolution of disputes. We begin with a thorough review of the loan, sale, or lease transaction involved, analyzing credit and collateral risks, the possibility of counterclaims, defenses, and the likelihood of a timely and cost effective litigation remedy. Our attorneys then develop and implement a litigation strategy, while simultaneously pursuing reasonable negotiated settlements. We believe that our approach of pursuing both litigation and appropriate negotiation strategies, maximizes benefits to clients, while reducing both legal expense and litigation risks.

Family Law

Few legal areas are as emotionally charged as family law. In divorce and child custody cases in particular, the adversarial process can increase tensions between the parties that do not abate even when the process is complete. We stress both litigation and Alternative Dispute Resolution (ADR) methods such as mediation in our practice, and represent clients in a full range of family law matters, including:

  • Divorce
  • Marital property and property division disputes
  • Maintenance or spousal support
  • Child custody and visitation
  • Child support
  • Post judgment modifications
  • Paternity
  • Temporary orders
  • Premarital or prenuptial agreements
  • Domestic abuse and violence
  • Child abuse and protection
  • Temporary protection orders

Banking and Finance Law

We have extensive experience in the many types of lending, each of which has their own specific body of rules. We represent a variety of banking and institutional lending clients in areas such as:

  • Mortgage foreclosures
  • Repossessions
  • Creditors' rights
  • Commercial collateral foreclosures
  • Structuring and drafting asset-based loans, construction loans, and permanent real estate commercial mortgage loans
  • Lender liability
  • Financing
  • Commercial leases
  • Negotiable instrument disputes
  • Letters of credit disputes
  • Tax appeals
  • Loan workouts and bankruptcy matters

State, Local & Municipal Law

We advise clients on the powers and liabilities of municipal corporations and state and local governments. Laws that affect people and business at the local level often receive the least amount of public attention. This makes changes to them easier to violate. Our firm helps clients stay abreast of significant changes in the law and provides them with the information they need to be a part of the process through which changes in policy become law. Areas of practice include:

  • Administrative law
  • Appeals from agency decisions
  • Enforcement actions
  • Licensing matters
  • Health and safety issues
  • Insurance
  • Public utilities
  • Governmental contracts
  • Taxation issues
  • Land use and zoning issues
  • Legislative consultation
  • State and municipal bonds

Taxation

Almost every business or financial decision has a tax consequence. In order to provide our clients with a complete package of legal services, our practice has expanded into areas involving state and federal income tax, corporate tax, estate and gift tax and exempt organization matters. In the probate area, we represent clients as petitioners, claimants, or as interested parties before state probate courts in Illinois. In the estate planning area, which includes the analysis of estates and determining the estate plan that will best meet the client's requirements while reducing income, estate and gift taxes to a minimum, we work with clients in regards to tax exempt organizations, family limited partnerships, and other estate and tax planning structuring. We offer services designed to meet all levels of tax issues.

For a consultation with Bellatti, Fay, Bellatti & Beard, call 217-245-7111 or contact us online today.

In addition to our main office in Jacksonville, Illinois, we also staff an office in Ashland each Thursday morning, for the convenience of our clients in Cass, Menard, Sangamon, and Morgan Counties. Other counties served include Scott, Greene, Jersey, Pike, Brown, Schuyler, Macoupin, and Adams.

Bellatti, Fay, Bellatti & Beard
Established in 1876
816 West State Street
Jacksonville, IL 62651-0696
Telephone: (217) 245-7111
Fax: (217) 245-2832
Ashland Office Telephone: (217) 476-3325
E-Mail: bellatti@irtc.net




The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Copyright © 2008 by Bellatti, Fay, Bellatti & Beard. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.

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