Questions Answered by Andrew John Hawes

Q: How do I revoke guardianship of a minor? My parents received this in 2006. I'm back & stable & want full custody back.

1 Answer | Asked in Family Law for Illinois on
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 parent has occurred since the entry of the order appointing the guardian warranting removal of the guardian. They would have to convince the court that it is in your best interest to remove that...

Q: CERTIFICATION AND AGREEMENT BY COUNSEL

2 Answers | Asked in Family Law for Illinois on
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 then you can get divorced. I recommend you ask legal aid to put your agreement in writing so that you can present that to the court to enter on the date of your prove up.

Q: My kids father signed voluntary acknlgmnts for our kids and now wants a perternity test, do I have to do it to get suprt

1 Answer | Asked in Family Law for Illinois on
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.

Q: Can a parent ask for DNA test if they already signed a voluntary ackknowledgement of pertinity

1 Answer | Asked in Family Law for Illinois on
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 directing that DNA testing taking place, you must comply with the court's order.

George Pecherek & Associates specializes in family law. You can find out more information here: http://pecherek.com/

Q: My sister was given an order naming her administrator of my deceased mother's estate (she left no will). Can I contest?

1 Answer | Asked in Estate Planning for Illinois on
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 removed by petition of an interested party or on the court's own motion. As one of the decedent’s children, you are an interested party.

There is one exception to the general rule that allows a...

Q: How do I find out info on a company claiming to have filed for bankruptcy in Illinois?

1 Answer | Asked in Bankruptcy for Illinois on
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.

Q: What is a petition to determine the existence of the father child relationship ?

1 Answer | Asked in Family Law for Illinois on
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 mother, a pregnant woman, any person or public agency who has custody of or is providing financial assistance to the child, a man presumed to be the child's father, or a man alleging himself to be the child's...

Q: I used to live with this girl and moved out now she is harassing me verbaly can i get a no contact order on her?

2 Answers | Asked in Family Law for Illinois on
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.

Q: Soon to be ex-husband wont let me see or talk to my kids even do judge said so What do i do?

2 Answers | Asked in Family Law for Illinois on
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 with the threat of him being held in contempt of court, which could lead to him going to jail. If you cannot come to an agreement, petition the judge to enter a visitation order.

Q: I don't think my grandmothers estate was handled right. can it be r opened after 35 yrs

1 Answer | Asked in Estate Planning for Illinois on
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 was given in compliance with subsection (e) except a ward for whom no personal fiduciary is acting."

Second, the probate court oversees all of the probate proceedings, and if there was anything fishy,...

Q: How do I get a divorce when Ive been married for 3yrs and he's been a felon on the run since?

2 Answers | Asked in Divorce for Illinois on
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 to assist, as they may be able to locate him, or alternatively, can make sure that you comply with all of the requirements of service by publication.

Q: WHAT DOES A STIPULATION TO HEAR UNCONTESTED CAUSE MEAN?

2 Answers | Asked in Divorce for Illinois on
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.

Q: Regarding a small estate divided equally to 7 children

1 Answer | Asked in Estate Planning for Illinois on
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 intestacy law applies. The law provides that "If there is no surviving spouse but a descendant of the decedent: the entire estate to the decedent's descendants per stirpes." An estate of a decedent is...

Q: Is asking for a formal proof of a will the same as suing someone?

1 Answer | Asked in Estate Planning for Illinois on
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 estate administration, and if the will does not comply with the requisite formalities, the court will not follow the will. If this is the case, you may have people feeling as-if you "sued" them if they get less...

Q: My mom needs a divorce but can not find the spouse, looks like the county she lives in only offers a simplified divorce

2 Answers | Asked in Divorce for Illinois on
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 thorough and diligent search, she can do what is called a "publication divorce." This places an publication notice in the local law bulletin (in cook county, it's the Chicago law bulletin). After waiting a...

Q: Reserved child support is a legal term?

2 Answers | Asked in Family Law for Illinois on
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. You may want to consider hiring an attorney at this point because the order is likely to be the amount you are to pay going forward. Typically, support is set at the statutory minimum, which is 20% for 1...

Q: If a company owes you commission and they file Bankruptcy How do you collect or make a claim?

2 Answers | Asked in Bankruptcy for Illinois on
Answered on Apr 20, 2011

Need more information. What type of bankruptcy, what is the commission for, how much is it for, etc.?

Q: Can they repo you home on a because of outstanding debt that has nothing to do with the house.

1 Answer | Asked in Collections for Illinois on
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 recorder of deeds. This places a “cloud” on the title, meaning simply that the lien will appear in any title search done by potential new buyers. She will have to clear this “cloud” to sell...

Q: What is the best day (monday-friday) for a garnishor to notify a bank of garnishment? is there a prefernce?

1 Answer | Asked in Collections for Illinois on
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 don't want to be left with no assets to garnish.

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