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Illinois Questions & Answers
1 Answer | Asked in Real Estate Law for Illinois on
Q: Who owns when a prop tax bill reads: my friends name on 1st line, estate of my friends dead exstep mother in law on 2nd?

My friend has a property that was inherited to her husband when his father passed away. His will read that his current wife reside in the house until her death, then the property was to go to my friend and her husband. The current wife died about 3 years ago. My friends husband has also passed. Who... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Jun 1, 2023

The order in which names are listed on the tax bill cannot be relied upon and doesn't prove who owns anything. If your friend is concerned about this, her best bet it so take all of the relevant documents (her father-in law's will and death certificates for everyone involved who has died... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Illinois on
Q: My son is not renewing a lease. The roommate is renewing but refuses to pay my son his rightful half of the deposit.

My son is renting an apartment with one roommate. The lease they both signed includes a $995 deposit which they each paid half $477.50. The lease ends May 31, 2023. My son is going to move out May 31. His roommate has decided to stay in the apartment and resign the lease with my sons name deleted... Read more »

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 31, 2023

Sorry to hear about your son's situation. Consulting an attorney on this may not be worth the money unless your son wants to prove a point or he can find a low flat rate for the legal work.

Your son should consider the following:

(1) Review the lease and document: Carefully...
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2 Answers | Asked in Immigration Law for Illinois on
Q: Green card pending

Hello. I been married American citizen for 5 years. I applied for green card May 2020 and we went to interview December 2021 and since that we are waiting for respond. Our lawyer sends inquiry every month but nothing chance. My question is can I do anything else and also can I apply for citizenship... Read more »

Monica E Rottermann
Monica E Rottermann
answered on May 30, 2023

You can ask for assistance from your congressional representative, there is usually a tab on the congressional rep’s website for help with a federal agency. You can locate who to contact on this website: https://www.house.gov/representatives/find-your-representative

As you have not yet...
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2 Answers | Asked in Immigration Law for Illinois on
Q: Green card pending

Hello. I been married American citizen for 5 years. I applied for green card May 2020 and we went to interview December 2021 and since that we are waiting for respond. Our lawyer sends inquiry every month but nothing chance. My question is can I do anything else and also can I apply for citizenship... Read more »

James L. Arrasmith
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answered on Jun 1, 2023

Yes, you can do a few things. A general rule of thumb from USCIS (US Citizenship and Immigration Services) when it comes to pending cases is to wait for 120 days before asking for updates. However, it has been over 15 months since your interview and there has been no update from USCIS. You can:... Read more »

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2 Answers | Asked in Employment Law for Illinois on
Q: Can I sue for wrongful termination and/or pain and suffering?

I was discharged March 1, 2023. I applied for and was denied unemployment because I was fired for my conduct. I appealed and went (via webex) in front of an Administrative Law Judge. She sided with me. And in her opinion I was mailed it seems to me she doesn’t believe I should’ve been... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Many layers of different Federal and State law here. First, the decision of the ALJ cannot be used to establish liability in a civil action over termination, but because you are Union, you don't have that anyway. Nor is it useful in your grievance, some of the reasoning could help you but the... Read more »

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2 Answers | Asked in Employment Law for Illinois on
Q: Can I sue for wrongful termination and/or pain and suffering?

I was discharged March 1, 2023. I applied for and was denied unemployment because I was fired for my conduct. I appealed and went (via webex) in front of an Administrative Law Judge. She sided with me. And in her opinion I was mailed it seems to me she doesn’t believe I should’ve been... Read more »

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 31, 2023

Sorry to hear you lost your job and had to fight the employer over unemployment benefits. You should consult with an Illinois attorney to better understand your options, and make sure you lean on your union to help you. In Illinois, unemployment decisions are not admissible as evidence in court.... Read more »

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1 Answer | Asked in Probate for Illinois on
Q: What statuory notices do I need to send out as an administrator of an estate? And, what is a verified inventory?
Michael Goldberg
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Michael Goldberg
answered on May 26, 2023

As a recently appointed administrator of an estate, you are required to provide 1) a notice to heirs and legatees of rights in independent administration (if it is indeed independent administration) 2) claims notice published in the newspaper 3) notice to known creditors mailed directly to them.... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Grandparents put their house into a living trust & want me to have it. How to go about this?

What is the best way to put the house in my name? Are there any options where it can be gifted to me so I don't have to take out a loan? Would buying it be best (and would a first-time homeowner's credit apply?) Are there any other options? I plan actually to live in the home and not... Read more »

Michael Goldberg
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Michael Goldberg
answered on May 26, 2023

Your grandparents can deed the property to you, but this is problematic because there is a mortgage on the property. The mortgage likely contains an acceleration clause that states upon transfer of the property to a third party, the mortgage will be immediately due and payable on full. Further, if... Read more »

2 Answers | Asked in Employment Law for Illinois on
Q: If my worplace doesnt have an attendance policy or point system would it be wrongful termination if they fire me?

This is in illinois

Rhiannon Herbert
Rhiannon Herbert
answered on May 23, 2023

Employers are not required to have any policies or procedures in place for attendance, so generally, the answer to your question is no. However, if you believe your employer has a discriminatory motive for terminating your employment due to an attendance issue (i.e. termination based on race, age,... Read more »

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2 Answers | Asked in Employment Law for Illinois on
Q: If my worplace doesnt have an attendance policy or point system would it be wrongful termination if they fire me?

This is in illinois

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 23, 2023

In Illinois, employment relationships are generally considered to be "at-will", which means that an employer can terminate an employee for any reason, as long as it is not unlawful. There are certain exceptions to the at-will employment doctrine, but you must have the facts to support... Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: I work for school district for over 14 years one day boss comes up to me and says hey everything down the basement is ju

Junk. And working for the school district we use own vehicles all the time. I go downstairs there's some old drums sitting down there been sitting down there for a long long time they're junk. I take them take them to our shop let him sit three or four days then I end up selling them.... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

Very sorry to hear that your School District boss has treated you this way. This is really a Criminal Law question, and you need to be represented by a Criminal Law attorney or consult with one. You posted yesterday about a problem that is going to Court apparently today, that really isn't... Read more »

1 Answer | Asked in Adoption and Family Law for Illinois on
Q: I am trying to adopt my girlfriends daughter, the father isn’t on the birth certificate and never met the daughter.

Father isn’t on the birth certificate and was given many chances to meet his daughter but has only met her once for 5 minutes since she was born he refuses to answer any texts or calls and No DNA test was done. Would we need his consent for the adoption or do we have to take him to court.

James G. Ahlberg
James G. Ahlberg
answered on May 22, 2023

You either need his written consent or serve him with your Petition for Adoption and give him a chance to appear in court. Don't try this without a lawyer! Adoption has a number of details that need to be handled exactly correctly. Acquiring a child in this manner should not be left to "I... Read more »

1 Answer | Asked in Trademark and Intellectual Property for Illinois on
Q: Trademark Frisbee trademarksCase Title: 23-cv-2957Northern District Court IllinoisI am ebay hobby seller

I cannot afford lawyer. I am pakistani based seller. I sold 1 item of trademarked listing. E bay has frozen my acccount with my money in it. what can I do.

James L. Arrasmith
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answered on May 22, 2023

If your eBay account has been frozen due to selling an item that infringes on a trademark, it is important to address the issue promptly. Here are a few steps you can consider:

Review eBay's policies: Familiarize yourself with eBay's policies regarding trademark infringement and...
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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Illinois on
Q: Can my sister keep all my mom's money from her

My sister claims to be my mother's poa. She takes all of her money out of a joint account between her n my mom and deposit it in her account. Her gas bill is overdue by 1,000 dollars. She takers her to no appointments me and my wife do. My mom thwrclains she doesn't even want her in the... Read more »

Bryan R. Bagdady
Bryan R. Bagdady
answered on May 17, 2023

Anyone acting under a power of attorney has a fiduciary duty to act in the principal's best interest. If your sister simply took your mother's money, then she is arguably in violation of that duty. Since your sister will not likely respond to a written demand (based on her text message)... Read more »

1 Answer | Asked in Public Benefits, Social Security and Estate Planning for Illinois on
Q: I want to try a credit union no penalty CD but not sure if my SSI would be cut if I tried that out

I'm trying to find alternatives to my current 529 savings account. I want something tax free, but where I can take out I'm emergencies. I don't want to lose my SSI.

Susan Michele Schaefer
Susan Michele Schaefer
answered on May 15, 2023

It is great that you are looking for alternatives for savings that will not affect your SSI payments. A primary consideration is whether the alternative would be a countable resource or not. A CD is usually countable except when the terms of a timed deposit will prohibit early withdrawal... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Can an employer terminate for not being able to work if you are under a doctor's care for a medical issue that you are b

I have recently been diagnosed and under continued medical by my doctor for a cyst on the base of my brain and bone infection behind my ears that has caused Vertigo, severe headaches and dizziness.

Due to these conditions my doctor has taken me of work .And I am also not allowed to drive... Read more »

Nicholas James Crawford
Nicholas James Crawford
answered on May 15, 2023

In order to answer this question fully, additional information is needed. However, in general, individuals who can not work due to a medical condition have some protection under various state and federal laws. Those laws, however, do not provide protection forever and unlimited about of time.... Read more »

1 Answer | Asked in Family Law for Illinois on
Q: Im 17 turning 18 soon can i legally move out?
James G. Ahlberg
James G. Ahlberg
answered on May 10, 2023

Legally, you become an adult on your 18th birthday. It's a double-edged sword, however. On the one hand, you may be free to move out; on the other hand, your parents are no longer obligated to support you (assuming you are not suffering from a significant disability) and they will not be... Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: If my K1 visa wife was denied adjustment of status for fraud

My wife came over from China in Nov 2019, we were married and received a deny for adjustment of status in September 2022 for previous tourist visa fraud attempts before we met. I asked her to go back to china and let us start over to be in compliance with USCIS, she got angry and left me, now I... Read more »

James L. Arrasmith
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answered on May 16, 2023

In cases of divorce and property division, the laws vary depending on the jurisdiction and the specific circumstances of the case. It's important to consult with a family law attorney who can provide advice based on the laws of your jurisdiction.

However, it's worth noting that in...
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2 Answers | Asked in Immigration Law for Illinois on
Q: USPS delivered my I-485 on April 3, 2023 and since than i have yet to receive any receipt nor has USCIS cash my check??

USPS delivered my I-485 on April 3, 2023 to elgin lockbox and since than i have yet to receive any receipt nor has USCIS cash my check?? I am here on K1 visa, got married and applied. My I 94 expires May 20, 2023 and want to make sure if we do not receive anything from USCIS this would cause a... Read more »

James L. Arrasmith
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answered on May 16, 2023

I understand your concern about not receiving any receipt or confirmation from USCIS regarding your I-485 application. It's important to ensure that your application has been properly received and processed within the expected timeframe. Here are some steps you can take:

Track your...
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2 Answers | Asked in Family Law and Immigration Law for Illinois on
Q: Im an Italian citizen, want to marry Illinois prisoner.

I would travel to Centralia as a tourist for a few days, and I absolutely don’t want to apply for a Green Card after the wedding, since I still want to live in my Country.

Can you tell me what do we need to know and to do in order to make this happen?

James L. Arrasmith
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answered on May 16, 2023

To marry an Illinois prisoner as an Italian citizen, there are several steps and considerations to keep in mind. Here's an overview of the process:

Research marriage laws: Familiarize yourself with the marriage laws in Illinois, as they may have specific requirements or restrictions...
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