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Questions Answered by Ray Choudhry
1 Answer | Asked in Probate for Illinois on
Q: Do I have the right to receive stock my mother had as stock and not cash?

My mother owned four stocks when she passed into the Light. I just found out that my sister who is the executor of the estate cashed three of the stocks into the estate and the fourth one transferred the shares to each of us ten children. My issue is I told her in an email and verbally I wanted all... View More

Ray Choudhry
Ray Choudhry
answered on Dec 30, 2018

This estate is in probate.

It is either supervised or independent administration.

With independent administration she can do lots of things without reporting to the court.

Also, if there is a will, she has to do what the will says.

You need to contact the court and...
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1 Answer | Asked in Business Law and Social Security for Illinois on
Q: What type of lawyer deals with the Treasury Direct Account process
Ray Choudhry
Ray Choudhry
answered on Dec 23, 2018

If this has to do with social security direct deposits, a social security attorney might be the one to contact.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: Is there a way to claim one of my kids through the Courthouse even while being on child support?

The main reason i ask is cause i have 2 kids from my Ex and every year she claims both of my kids and its not fair to me cause i do my half as a parent and i feel like she should claim one and i claim one...but she wont let me period. Is there a way this can be settled in court for me to get... View More

Ray Choudhry
Ray Choudhry
answered on Dec 22, 2018

Awarding exemptions is part of divorce and paternity proceedings.

A lot of factors are taken into account.

Income of the parties and the Parenting Plan are the most important.

File a Petition for Allocation of Exemptions.

1 Answer | Asked in Probate for Illinois on
Q: If a property in Wisconsin is owed by 4 siblings and one dies without a will does his share of property pass to his chil
Ray Choudhry
Ray Choudhry
answered on Dec 22, 2018

It depends on how the Wisconsin property was deeded to the four siblings.

If it was in joint tenancy it belongs to the remaining siblings.

2 Answers | Asked in Child Custody and Divorce for Illinois on
Q: Is child custody determined before a divorce can be finalized?
Ray Choudhry
Ray Choudhry
answered on Dec 18, 2018

Illinois no longer has custody and visitation.

Instead, it has parenting plans. These are for both divorce and paternity cases. They can even be used in Order of Protection Cases.

If there are children in a marriage, they are the most important part of the divorce.

It is...
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1 Answer | Asked in Estate Planning for Illinois on
Q: Can I put a clause in a will that says I'll give money to my daughter UNLESS she moves abroad?
Ray Choudhry
Ray Choudhry
answered on Dec 6, 2018

If this is not for an unlawful purpose, the provision should hold.

You have an absolute right to disinherit children.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: My father is very ill, my mother is still living and estate goes to her and in both names. Does she need to probate?

He has a will just wasn't sure if we will need to open probate if everything goes to my mom and is in both of their names

Ray Choudhry
Ray Choudhry
answered on Dec 5, 2018

If father dies and everything is in joint names then it all goes to the joint owner.

If there is something in his name alone, it goes to the wife and children.

But there are spousal awards involved.

If there is something in his name alone, he needs to do a will. Not having a...
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3 Answers | Asked in Bankruptcy for Illinois on
Q: I know little about this. If I file for bankruptcy and want to keep my house; can I keep my mortgage obligations?
Ray Choudhry
Ray Choudhry
answered on Nov 28, 2018

The creditor may require you to sign a reaffirmation agreement.

Reaffirmation Agreements:

1. If you fail to keep up with payments and there is repo or foreclosure, you are stuck with any deficiency.

2. Timely payments may help build your credit.

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1 Answer | Asked in Estate Planning for Illinois on
Q: If my husband and I are the joint- with survivorship on his deceased grandmothers bank accounts can they be

Taken from us?

Ray Choudhry
Ray Choudhry
answered on Nov 9, 2018

If it's a true joint account, no.

That's the whole point of setting up the account.

But, if it was a convenience account, other heirs or legatees could argue that it belongs to her estate.

The signature card that was used to set up the account may help....
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1 Answer | Asked in Real Estate Law for Illinois on
Q: how to sell a house

my husband inherited a house from his father and never put it in his name. his father's will states that the house goes to him (only child) and if he is deceased it goes to his heirs. my husband is now deceased and we have two sons. how do we 1) get the house put in someone else's name... View More

Ray Choudhry
Ray Choudhry
answered on Nov 6, 2018

The house still belongs to the grandfather.

His will has to be probated and the house transferred to his son, provided he had no bills. If he was on public benefits such as medicaid, the state may have liens that will have to be paid.

It is possible that a title insurance company...
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1 Answer | Asked in Child Support and Estate Planning for Illinois on
Q: I have a life insurance policy on myself. The beneficiary owes child support.

In the event of my death, will the policy funds go to the child support that the beneficiary owes?

Ray Choudhry
Ray Choudhry
answered on Nov 5, 2018

The policy funds will go to the beneficiary.

The person owed back child support can get a court order to have these funds applied to the back child support.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Child support gets taken out of my full-time job check. I'm getting a second job. How do I get child support taken out?

I'm getting a second job - a part-time job - in addition to my full-time job. How do I get child support taken out of my new part-time job? Do I have to go back to court? Thank you!

Ray Choudhry
Ray Choudhry
answered on Nov 5, 2018

As long as the full amount of your child support is taken out of your one job, there is no need for it to be taken out of any other jobs you have.

1 Answer | Asked in Estate Planning for Illinois on
Q: how is a property divided amongst surviving children of a deceased parent when no will is left?
Ray Choudhry
Ray Choudhry
answered on Nov 4, 2018

Assuming deceased parent was not married at time of death, the estate is divided equally among all the children.

A deceased child's share goes to his or children.

2 Answers | Asked in Bankruptcy for Illinois on
Q: Should I sell my house to my kids before I declare bankruptcy - I was going to pass it on to them when I died.
Ray Choudhry
Ray Choudhry
answered on Oct 26, 2018

Your question is very complicated.

Illinois allows certain exemptions, such as for homestead.

If you sell for under market or give away assets prior to filing, the trustee can get those items back and sell them and pay your creditors with the money.

Check with a bankruptcy...
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1 Answer | Asked in Child Support for Illinois on
Q: I have received a notice of intent to pursue collection remmedies from the custodial parent. What are my next steps?

If I file a modification will that stop the state from pursuing this debt that I owe? Or at least stop them from suspending my license,credit reporting , and etc?

Ray Choudhry
Ray Choudhry
answered on Oct 18, 2018

Modification is for future changes.

If you are in violation, you will have to address that as a separate issue.

If there really is a need for modification the other side may be willing to work out a deal.

1 Answer | Asked in Child Support for Illinois on
Q: If my ex husband has gotten another GIRL pregnant can she file child support before the baby is born?
Ray Choudhry
Ray Choudhry
answered on Oct 13, 2018

She can file a paternity case and have a summons served on him.

Nothing will happen until the child is born.

This allows the court to have jurisdiction over the father in case he decides to skip.

2 Answers | Asked in Estate Planning for Illinois on
Q: If I handwrite my will, is that considered a legal document as long as I signed it?
Ray Choudhry
Ray Choudhry
answered on Oct 6, 2018

A will can be hand written.

However, to be valid it must be signed before two witnesses who are both present and witness the signing.

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1 Answer | Asked in Election Law for Illinois on
Q: Do I need to list a political party preference to be able to vote in a primary in Illinois?
Ray Choudhry
Ray Choudhry
answered on Oct 6, 2018

When you vote at the Primary Election, you must ask for a specific party's ballot.

Later, the records will show that you selected that party's ballot.

These election records are public.

2 Answers | Asked in Child Support for Illinois on
Q: Will asking for more money on child support affect my taxes?
Ray Choudhry
Ray Choudhry
answered on Oct 6, 2018

Child Support is not included as income on a tax return.

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2 Answers | Asked in Probate for Illinois on
Q: Question regarding my dad and his bank account. He passed away the 25th of august.

Im next to kin. When I went to get his ashes they also gave me his debit card. We werent talking at the time he died. I highly doubt he has anymore than a few hundred dollars in it, if that. Him and his wife were on a motorcycle and hit a semi head on. Both pronounced dead at the scene. His bank... View More

Ray Choudhry
Ray Choudhry
answered on Oct 1, 2018

If you are the sole heir, he had no debts and the estate is less than $100,000.0, you can use a small estates affidavit to get the funds.

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