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Questions Answered by Ray Choudhry
2 Answers | Asked in Real Estate Law and Probate for Illinois on
Q: My husband passed away and legally left me his business. Do I still need a lawyer to sell the building?
Ray Choudhry
Ray Choudhry
answered on Aug 26, 2018

Depends on how it was left to you.

Were you a joint tenant.

If so, it belongs to you.

Otherwise, may need to probate his estate.

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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: My father passed,his wife said she got everything. She is signing over a policy of$18k to me sounds odd as he was wealth

My father and I were extremely close. She is also the executor of his estate, from what she tells me. To me it almost sounds like she wants to give us (grandson grandaughter, and I) this small amount to stop us from asking more questions. she genuinely loves my son and daughter but she and I have... View More

Ray Choudhry
Ray Choudhry
answered on Aug 25, 2018

When someone dies leaving a will, in Illinois whoever has the will is required to "lodge" it with the clerk of court.

The will then is available for review by anyone.

Failure to lodge the will is punishable.

If she is the named executor and fails to open an estate,...
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1 Answer | Asked in Child Custody for Illinois on
Q: want to get custody of my daughter never married the mother but have lived with them since birth of daughter.

going today to get a restring order against the mother today

what can I do

Ray Choudhry
Ray Choudhry
answered on Aug 21, 2018

You need to establish paternity through a parentage proceeding in court.

Sometimes this is called reverse paternity when the father does it.

After you are established as the father, the court will hand down a parenting plan.

This used to be called custody/visitation order.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can someone please explain the legality of assigning contracts for a fee without a real estate and/or brokers license?

I am hoping someone can explain the whole process of how/why assigning contracts is legal or illegal in Illinois. Without a real estate/brokers license, that is. I've done so much research upon the topic and I have yet to find a (or what seems like a) legitimate answer. Can someone maybe... View More

Ray Choudhry
Ray Choudhry
answered on Aug 15, 2018

Please explain what you mean by assigning contracts.

Give an example.

3 Answers | Asked in Bankruptcy and Child Support for Illinois on
Q: Can my ex ask to increase the amount I pay in child support because after I went through bankruptcy I have less debt?

I have been paying in time my child support for my two sons. One of then recently turned 19 and I am stopping child support for him. My ex now wants me to increase the amount I pay for the second 16 year old child. I recently filed for bankruptcy and she says that since I have less debt I should be... View More

Ray Choudhry
Ray Choudhry
answered on Aug 15, 2018

How old is the child support order anyway.

That's because for a long time the court order has said so much for both and not so much each.

If that is the case, your child support doesn't automatically drop.

Also, now there are new guidelines to calculate child...
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1 Answer | Asked in Family Law for Illinois on
Q: My daughter has been living with me for the past 10 months. Just today her mother called the cops and me and took her

What are the chances of getting her back?

Ray Choudhry
Ray Choudhry
answered on Aug 14, 2018

That's the problem with not doing it properly.

The court orders don't change by themselves.

Since you had her for 10 months, you should petition for a change of parenting plan giving you more time and decision making.

1 Answer | Asked in Adoption, Child Custody and Child Support for Illinois on
Q: even though I don't want to do this, how would I go about giving up my rights and not have to pay child support.

My sons last name was changed in July of last yr. I told the judge only way I would allow it is if his step father adopted my son and asked if I could give up rights n paying child support n the judge just granted name change. I never wanted out of my sons life and was willing to work with them but... View More

Ray Choudhry
Ray Choudhry
answered on Aug 13, 2018

You can't force her husband to adopt.

So, you are stuck.

But, you can assert your rights to be more involved with your child.

If you stay with it, you will get a court hearing.

1 Answer | Asked in Bankruptcy for Illinois on
Q: What If I receive my inheritance before filing for bankruptcy, can I send a part of it to someone I'm owing some money.

And can I send money to someone I'm owing if I receive my inheritance after filing for bankruptcy..

Ray Choudhry
Ray Choudhry
answered on Aug 13, 2018

If you transfer assets prior to filing bankruptcy, the trustee can get them back.

This includes repaying debts over and above normal.

2 Answers | Asked in Divorce and Family Law for Illinois on
Q: Spouse is not paying court assigned maintenance. In Illinois, what is law regarding missed payments?
Ray Choudhry
Ray Choudhry
answered on Aug 13, 2018

You can take him to court for contempt (rule to show cause).

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2 Answers | Asked in Bankruptcy for Illinois on
Q: Can I still use my inheritance for personal need after filing for bankruptcy in the USA
Ray Choudhry
Ray Choudhry
answered on Aug 13, 2018

This is a complicated question which turns on how, what and when you received or will receive your inheritance.

Need more information to answer your question.

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2 Answers | Asked in Bankruptcy for Illinois on
Q: Filed ch 7 in 2009, currently in ch 13 want to convert to 7 but read that if i convert it wont be dischargeable?

at the time I filed ch 13 I could not file ch 7 because it had not been 8 yearsso technically if I was not able to file ch 7 at the time I filed ch 13 converting would not be an option. Dismissing ch 13 and re-file?

Ray Choudhry
Ray Choudhry
answered on Aug 9, 2018

A new Chapter 7 can be filed 8 years after the filing date of the previous one.

If you file a Chapter 13 within the 8 years and convert to Chapter 7, the date of filing does not change.

No Chapter 7 Discharge.

If it was different, then a person could file a 13 and convert to...
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1 Answer | Asked in Child Support for Illinois on
Q: Can both parent sgo in an agreed amount to be paid on child support to court???
Ray Choudhry
Ray Choudhry
answered on Aug 6, 2018

Usually the court approves the agreement of the parties unless it is one-sided.

1 Answer | Asked in Child Support for Illinois on
Q: Hi I reside in Illinois. If my ex (not husband) refinanced and received 43k would he have to pay child support off this?
Ray Choudhry
Ray Choudhry
answered on Aug 5, 2018

Getting a mortgage is not income.

If he puts the money in savings and collects interest, that would be income.

$40,000.00 at 2% interest is only $800.00 a year.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: My 14 year old daughter wants to live back with me (Mom) but dad won’t allow it. We’ve already had nasty custody battles

There’s no physical abuse at either Home. She just wants to return to living with me. She lived with me after divorce age 3, I had residential custody. We had that changed in court 5 years ago at her request because she wanted to spend more time with him. Now we’ve been battling to switch back... View More

Ray Choudhry
Ray Choudhry
answered on Aug 5, 2018

You will have to file a petition to request a change in the parenting plan.

Both of you get a chance to tell the judge why it should change or stay the same.

The judge might even listen to what the daughter has to say in chambers.

If you think GAL may not be impartial, you...
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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: My husband got summons to court he found out he has a little boy and he is a ward of the court. What will happen

He was with his mother at the time .we don't know what to expect.

Ray Choudhry
Ray Choudhry
answered on Aug 5, 2018

Lots of things can happen.

The child could be placed with the father.

If not, there is the question of child support.

1 Answer | Asked in Child Support for Illinois on
Q: In Illinois, can you have child support ordered back to the date the custodial parent filed for support?

Or is it you can only go back to when the non custodial parent was served with court papers? Non custodail parent signed the acknowledgment of paternity and birth certificate when child was born no dna test was needed or ordered or queationed

Ray Choudhry
Ray Choudhry
answered on Aug 5, 2018

In general, child support is retroactive to date of service.

However, given the circumstances, the judge can go back further.

1 Answer | Asked in Child Support for Illinois on
Q: My son is refusing to pay his ex child support and is buying things instead and keeping the receipts. Does that count?

They were not married. There is no Court Order. She is asking for money suggesting she'll take him to court if he doesn't pay. He is buying food, clothes, toys etc every month but refuses to give her the money.

Ray Choudhry
Ray Choudhry
answered on Aug 3, 2018

It is in both their interests to have a court order entered.

That will do away with disputes of this kind.

If there is a support order, the child support will be taken out of his paycheck.

1 Answer | Asked in Criminal Law and Probate for Illinois on
Q: When is the Sherrif's Office responsible for pursuing theft from my late Mom's house from an in-law vs. the State Attorn

An in law admitted stealing the things from my late Moms house in Illinois claiming the items belonged to my Mom's boyfriend's for which the in-law is acting as his POA as he is quite ill. However the items stolen exceed $25,000. I inherited the house and all its contents.

Ray Choudhry
Ray Choudhry
answered on Jul 31, 2018

If you take something that belongs to you, that is not stealing.

Sounds like a civil dispute.

To bring it to a head, you need to open an estate for your mother and file a Citation to discover assets that may have been concealed, converted or embezzled.

1 Answer | Asked in Social Security for Illinois on
Q: Will I have a better chance in being approved for SSI benefits if my condition has worsened and Ive had surgery since.

I was previously denied for SSI benefits, my lawyer then appealed the decision, and prior to the completion of the appeal process my lawyer had dropped my case because he was moving out of state and Im assuming since I didnt take action from there on that my case was denied. Since then , about 3... View More

Ray Choudhry
Ray Choudhry
answered on Jul 31, 2018

Doesn't cost a nickel to apply.

So why not.

1 Answer | Asked in Estate Planning for Illinois on
Q: If you establish a trust do you still need a will?
Ray Choudhry
Ray Choudhry
answered on Jul 27, 2018

Yes. To cover the unforeseen.

Sometimes assets are left out of the trust or may not have been put in.

Those are passed through the will.

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