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Questions Answered by Ray Choudhry
1 Answer | Asked in Estate Planning for Illinois on
Q: Question regarding death of executor and my Mom’s estate?

My mom passed away last July. Her will is in probate. The final accounting has been completed essentially all that is left to do is distribute the funds and sign the final paperwork. My Aunt was the executor. In the will I am named as alternative executor if she were unwilling/unable.... View More

Ray Choudhry
Ray Choudhry
answered on Sep 19, 2018

Has the final accounting been filed and or approved by the court.

If yes, then the funds are identified as belonging to the estate.

After you are appointed successor executor, you can request the court to order release of those estate funds to you.

1 Answer | Asked in Child Support for Illinois on
Q: Is Child support received from different father, included as income, when calculating child support owned in Illinois?

I have two children by two fathers,do I have to include child support from father one when calculating my income to receive child support from father number two?

Ray Choudhry
Ray Choudhry
answered on Sep 19, 2018

Click on the Illinois Child Support Estimator on this web page.

https://midamericalawoffice.com/illinois-child-support-estimator/

Child support received for other children is not included in gross income.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Discovered more than half of my outbuilding isn't on my property, can I go after the title company for this?
Ray Choudhry
Ray Choudhry
answered on Sep 17, 2018

Read the title policy.

If no survey was done, it probably has an exception for boundary lines.

It's possible you have easement.

Hard to see why previous owner built on someone else's property unless he owned both parcels.

1 Answer | Asked in Child Support for Illinois on
Q: If i make 16 per hour and the dad make 12 can he pay more child support and what if he never paid child support would
Ray Choudhry
Ray Choudhry
answered on Sep 16, 2018

Child support is based on income of the parties and how much time the child spends where.

Child support normally starts when a court case is filed.

2 Answers | Asked in Child Support for Illinois on
Q: I owe $70,000 in back child support from a hookup I had 35 years ago and now shes taking me to court. What should I do?

After the kid was born, she moved out of state and did not contact me again besides taking me to court for child support. I have never paid but I do not have a job or any money saved up. I have not filed taxes for a long time and don't know what to do. Is there any way I can get this case dismissed?

Ray Choudhry
Ray Choudhry
answered on Sep 14, 2018

If you don't have income, you are not eligible for Chapter 13.

They are probably getting things lined up to start taking it out of your social security checks.

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1 Answer | Asked in Probate for Illinois on
Q: Probate closed, but I'm still not happy - what do I do to appeal it?
Ray Choudhry
Ray Choudhry
answered on Sep 14, 2018

In probate there are deadlines for doing things.

Also, what the executor or administrator has to do is based on how they were appointed.

Assuming you were given an inventory and accounting and you did not object, then you may be out of luck.

If there was a hearing on the...
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1 Answer | Asked in Adoption for Illinois on
Q: What rights do birth fathers have to prevent the birth mom from adopting the baby to another family?
Ray Choudhry
Ray Choudhry
answered on Sep 14, 2018

Unless the father consents to the adoption, his rights have to be cut off by proving his unfitness.

This could be abandonment, failure to maintain interest or a whole host of other reasons.

The usual incentive for cooperation is that he won't have to pay child support.

3 Answers | Asked in Bankruptcy for Illinois on
Q: How in debt do I need to be for it to be a good idea to file for bankruptcy?
Ray Choudhry
Ray Choudhry
answered on Sep 14, 2018

The test is inability to meet obligations in a timely manner.

For some people $5,000.00 is insurmountable debt based on current and projected earnings.

For others, $500,000.00 may not be much.

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1 Answer | Asked in Election Law for Illinois on
Q: Who oversees polling place violations? The state? County?
Ray Choudhry
Ray Choudhry
answered on Sep 14, 2018

Usually, both parties can and do have poll watchers.

1 Answer | Asked in Estate Planning for Illinois on
Q: My grandpa didn't have a will. Now some guy claiming to be his estranged son wants part of the inheritance. If he can

prove he's biologically related, does he automatically get money?

Ray Choudhry
Ray Choudhry
answered on Sep 14, 2018

If he doesn't have a birth certificate, he will have to prove he is the son.

If there is no will and no spouse, it goes equally to children with the share of any deceased child going to his heirs.

That's just the way it is.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Does a landlord refuse to renew a lease even when rent been paid on time every month.
Ray Choudhry
Ray Choudhry
answered on Sep 13, 2018

Lease ends when it ends for landlord and tenant.

Some leases have renewal provisions in them.

1 Answer | Asked in Real Estate Law for Illinois on
Q: My mother created a Last Will & Testament (also as a Pour-over). I believe my brother...see below

My mother created a Last Will & Testament (also as a Pour-over). I believe my brother, the POA has breached his fiduciary duties.

Being a beneficiary, I asked for him to provide a copy of her will and her trust. He told me that they were at the Cook County Recorder of Deeds.

I... View More

Ray Choudhry
Ray Choudhry
answered on Sep 13, 2018

You need to hire a estate and probate lawyer.

If he didn't open an estate, then you can.

The problem is that there may be nothing to probate because everything may have been transferred out of her name.

2 Answers | Asked in Child Support for Illinois on
Q: I gave my aunt custody of my son when he was born. Now she wants me to pay child support will i have to he is 13 now.
Ray Choudhry
Ray Choudhry
answered on Sep 10, 2018

Who ever has a child has the right to get support from the parents unless the child was adopted out.

Fortunately for you, she can only go back to the time she filed the petition for support.

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1 Answer | Asked in Real Estate Law for Illinois on
Q: Can my name be removed from property as a Heir without my acknowledgement in Chicago?

My grandparents owned property and grandmother removed her name from her house before she passed and added me and 2 of my aunts my grandfather (now to deceased)name remained, years later i researched and found my name was originally on the house my aunt sold it could that been done without my... View More

Ray Choudhry
Ray Choudhry
answered on Sep 10, 2018

In real estate you don't remove your name. You transfer it even if it is to you and someone else.

So, your grandmother transferred it to certain people.

It can only go from the new people to someone else if everyone it was transferred to signs.

Your issue may be with...
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1 Answer | Asked in Child Support for Illinois on
Q: My now wife had a kid from a previous relationship. Now do I have to pay child support when I get a divorce?

I live in illinois.

Ray Choudhry
Ray Choudhry
answered on Sep 6, 2018

Not for that child.

1 Answer | Asked in Child Support for Illinois on
Q: Can back child support be adjusted, or revised? My son is now 24 years of age and I am still paying a high dollar amount
Ray Choudhry
Ray Choudhry
answered on Sep 5, 2018

If there is a sufficient reason, such as reduction in income, child support can be adjusted.

The amount of arearage cannot be changed unless by consent of parties.

1 Answer | Asked in Child Support for Illinois on
Q: If my ex gets remarried and they have a household income greater than mine, can my child support be lowered?
Ray Choudhry
Ray Choudhry
answered on Aug 28, 2018

Child support is based on a formula that uses the parents' income.

The court can deviate from the formula if there are special reasons.

1 Answer | Asked in Child Support for Illinois on
Q: How is back child support calculated. I am owed over 22,000 and the state only has my ex paying $9.20 a week
Ray Choudhry
Ray Choudhry
answered on Aug 28, 2018

Every case is different.

How much is he paying current.

When the $9.20 was set up, how was it arrived at.

1 Answer | Asked in Family Law for Illinois on
Q: I am transgender and want to go about getting my legal name changed, how do I go about this?

Also I would like to get the entire process done. I do not know what paperwork needs to be filed, and was told a publication in a newspaper might be required, but could be waived under the circumstances

Ray Choudhry
Ray Choudhry
answered on Aug 28, 2018

Name change is same for everyone.

You have to file a petition with the court and run a newspaper notice followed by going to court to have the judge approve the request.

1 Answer | Asked in Family Law for Illinois on
Q: Story short I lived with my gf for 10 yrs. We have 2 kids she did me wrong She lefted me can she still get me childsup

I paid childsup. Then I lefted the country for 4 yrs.and I returned and started paying the childsup plus what I'm behind and my job is taking childsup out of my check got a subpoena to modify ..Am I still going to be held in contempt

Ray Choudhry
Ray Choudhry
answered on Aug 26, 2018

Modify is not same as contempt.

Modify is to change.

Contempt is to punish for failure to comply.

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