answered on Sep 22, 2011
As far as I can tell from researching this issue, a minor can only end a guardianship when they attain the age of majority, or if you can convince one of your parents to file a petition and prove, by a preponderance of the evidence, that a material change in the circumstances of the minor or the... View More 
I have served my wife with the Petition for Dissioultion, He responded,According to Legal Aide, My next step is to get a Hearing Date. However it says i need to bring a Copy signed by both parties.Can I just have her and i sign and notirize this form before i go to the court house? how does this... View More
answered on Sep 22, 2011
Yes. If you are in agreement you can both just sign the certification and agreement by counsel. Then you go to the motion/scheduling clerk with this signed agreement to get a "prove-up" date, in which you both will need to go to court. At this time, the judge will ask you questions and... View More
answered on Sep 22, 2011
Yes. I answered your question more fully where you posted it again, but the voluntary acknowledgement only raises a presumption of paternity. He may still request a DNA test, and you must comply if you want support.
I want to take my kids father to court for support and when both our children were born he signed voluntary acknowledgements, and on a letter I received from the court says for one of the children the obligation arises by virtue of determination of parentage pursuant, does that mean he asked for a... View More
answered on Sep 22, 2011
A voluntary acknowledgement of paternity raises a rebuttable presumption of paternity. This means that he is presumed to be the father UNLESS he can prove otherwise. DNA analysis is one way to prove otherwise, and he is fully entitled to ask for this testing. If the court enters an order... View More
answered on Sep 22, 2011
Yes. If you are serious about this, I HIGHLY recommend that you obtain an attorney to assist you with this process.
Generally, once an administrator is appointed, they can only be removed by cause as provided for in 755 ILCS 5/23-2 (the Illinois Probate Act). A representative may be... View More
answered on Aug 25, 2011
Ask for their case number. Then go to http://www.pacer.gov/. You will need to make an account, but from this website you can look up and access all bankruptcy cases.
answered on Aug 25, 2011
This is also known as a "parentage" action. Someone is trying to establish, in a court order, that you are the father of a child. A paternity action is commenced by the filing of a petition to declare the existence of a father-child relationship and may be brought by the child, the... View More
answered on Aug 25, 2011
You may be able to get an order of protection, but you would need to describe in detail how she is harassing you. You should consult with an attorney if you are serious about this.
Have been calling and texting all weekend to see my kids like the judge said to do what else can i do legaly?
answered on Aug 25, 2011
Is there a visitation order in place? If not, you should make an agreement on visitation, and then get the court to enter the visitation order. That way, you can file a "petition for rule" for his failure to comply with a court order, for which you can recover money. This also comes... View More
My grandmother passed away 1983 in illinois my dads gone and I found some things just don't add up .on my grandmother estate . Can this estate be reopend after 35 yrs
answered on Aug 25, 2011
No. First, under § 755 ILCS 5/28-11(f), "In the absence of fraud, accident or mistake, an order discharging the independent representative and declaring the estate closed is binding on each person whose receipt or approval was filed with the report and on each person to whom notice thereof... View More
Ive been married since April 2008 and tried to get a divorce but no one can help me. They have me going in circles. One says to go the courthouse, another says to go to DSHS and then to an attorney but Ive read so many things that basically tell me I can go to the courthouse and speak to someone... View More
answered on Aug 25, 2011
I agree with Mr. Kulerski. If you truly do not know where he is located and cannot locate him after trying to do so, you can file an "affidavit for service by publication" after filing your divorce paperwork. You do not need his signature on anything. You may want to hire an attorney... View More
answered on Aug 25, 2011
It means you have reached an agreement, and can get a prove up date. If you have not reached an agreement, but are being asked to sign this form, do not do so.
My mother passed and the money has been dispersed to her surviving children equally. Her house is still for sale. If one of her children die before the house is sold does that share go back to the 6 remaining siblings or the the estate of the sibling that passed. My sister and I have been... View More
answered on Apr 20, 2011
The distribution is determined upon the decedent's date of death, not whether one of the children dies after the decedent dies.
Was there a will? If there was a will, then the will controls what happens and likely addresses this situation. If there was not a will, then Illinois... View More
answered on Apr 20, 2011
No-because you are not really "suing" any one individual. You are simply requesting that the estate attorney prove that all of the formalities of the will were followed. Typically, if the will was done by an attorney, the formalities are followed. You are getting involved with the... View More
She doesnt want to hire a lawyer, but when i went to the local court house to get divorce papers all they have available is a simplified dissolution and the clerk handed me a paper for phone numbers to kane county bar but my mother resides in kendall county. I even went on their website and all... View More
answered on Apr 20, 2011
An attorney might be best, because they have a lot of experience in finding hard to find people. You can also hire a "skip trace" professional. These people typically are paid to search public records databases to locate the whereabouts of people. If she truly cannot find them, after a... View More
My divorce decree says (joint parenting agreement)and child support is reserved because we share parenting time and we are paying half for all the children expenses and i provided health insurance for them, my ex husband has the residential custody for school purposes. Now he entered a "motion... View More
answered on Apr 20, 2011
I'm not sure I entirely understand your question, but basically your ex husband is seeking to set the child support at a particular dollar limit, and to obtain a court order setting the amount. These orders can be difficult to modify, and you can only modify the amount through court order.... View More
answered on Apr 20, 2011
Need more information. What type of bankruptcy, what is the commission for, how much is it for, etc.?
She has a $9000 loan that is completely different from her house note and she is afraid they are going to go after her house if she doesn't make her payments on time.
answered on Apr 20, 2011
Yes (but it is very uncommon). A creditor can place a lien upon her house for an “unrelated” debt. BUT, the creditor must first file a lawsuit against her, and must win a court judgment against her. Then, the creditor can get a memorandum of judgment signed by the judge and file it with the... View More
answered on Mar 29, 2011
I cannot really think of any reason why it would matter which day you notified the bank. The more important thing is that you notice them sooner rather than later. You do not know if someone else is moving to garnish that money or if the money will even be there by the end of the week. You... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
