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Questions Answered by Drew Ball
2 Answers | Asked in Probate and Estate Planning for Illinois on
Q: My father died without a will. His wife is selling their home. Are his children entitled to any profit from the sale?

His estate went to probate court at the time of his death, 3 years ago. Nothing came from it.

Drew Ball
Drew Ball answered on Apr 9, 2019

Illinois statutes contain “Intestacy Laws” that determine who receives a deceased person’s assets in the absence of a valid will. These laws apply only to probate property; as a review, probate property must be distributed by the court and include assets which are owned solely by the deceased... Read more »

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3 Answers | Asked in Car Accidents for Illinois on
Q: A car rear-ended me at a stoplight and I, in turn, hit the car in front of me. The person in the front-most car got

injured. Can they sue me?

Drew Ball
Drew Ball answered on Jun 18, 2018

Yes, the injured party could sue you. However, the specific factual circumstances of the accident will dictate whether or not you are a named defendant should they file a lawsuit. If you were injured as well, or if you went to the emergency room, etc. than you also should speak to a personal... Read more »

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1 Answer | Asked in Business Law for Illinois on
Q: Wantingto put my business in our mall ,Its unique fried ice cream roll business but the Dairy Queen lease might stop it

This isn’t right , there are tons of duplicate stores in the mall

Greedy DQ hurting my chances at success and the mall success

Because of a lease from over decade ago ......

There are different owners now for about 8 years of the mall

As well as dif owners of... Read more »

Drew Ball
Drew Ball answered on Jun 14, 2018

You should contact an attorney to review the lease and/or the facts about DQ's conduct that you are indicating are interfering with your business. You may have the ability to assert some type of civil claim in hopes of encouraging the mall to lease a location to your business, but again a thorough... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: My moving company hired two felons who threatened to burn down my house/kill me. Do I have a case for negligent hiring?

DELETED

Drew Ball
Drew Ball answered on Jun 14, 2018

From the limited facts you provided it does not sound like any personal injury was actually suffered? Did they cause you injury? Have you seen a doctor or psychologist as the result of the threats? If you did not sustain an injury it would be difficult to say "you have a case" and even more... Read more »

1 Answer | Asked in Banking and Probate for Illinois on
Q: My father has a bank acct. in PR and has passed away.My Brother is executor.Can His stepmom close the bank acct.?

No one is on the bank acct. but My Father. She is his ex wife but we have no papers to prove that.

Drew Ball
Drew Ball answered on Jun 14, 2018

If your brother is the executor he needs to file the necessary paperwork with the Court in the County where your father resided at the time of his death. That being said, there is a significant amount of work that must be put into your father's estate to ensure it is properly handled. You and... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: My TTD benefits were stopped by the insurance attorney as an attempt to force me to accept their low settlement offer,

which was turned down. Can I receive the missed benefits in my settlement? I do have an attorney who is not communicating with me, I can only speak with the clerk who answers the phone.

Drew Ball
Drew Ball answered on Jan 22, 2018

You stated you have an attorney, thus your question should be directed to your attorney. You should call and demand that you speak with them personally. If you are dissatisfied with the attorney, you are always free to terminate their services and hire a new one. I wish you the best.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can an attorney sell real estate without a real estate license in Illinois?
Drew Ball
Drew Ball answered on Jan 22, 2018

In general, no one can sell real estate without a real estate license including an attorney. However, certain exceptions qualify that statement such as an attorney selling their own property, or assisting a family member if they do not receive commissions, etc.

3 Answers | Asked in Real Estate Law for Illinois on
Q: There is a lien on our house for property taxes. We want to sell the house to be able to move where we can find work.

Is there a type of sale where the buyer pays the past due taxes and pays less for the house? Or some way to get out of the hole we are in? we have absolutely nothing else.

Drew Ball
Drew Ball answered on Jan 22, 2018

The short answer, yes you can do this. However, it would require the right buyer and for the taxes to be negotiated into the sales price. Because of the complexity of the transaction, you should hire an attorney to handle the sale of your home. Typically, attorneys charge a nominal amount for... Read more »

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1 Answer | Asked in Insurance Bad Faith for Illinois on
Q: I was in a car accident and knocked down a fence.

The insurance company says I owe a lot more than I think I do to repair it. What should I do here?

Drew Ball
Drew Ball answered on May 16, 2017

There are simply not enough facts provided to properly answer. In general, if you think it is less, then you should find reliable support for your belief.

1 Answer | Asked in Construction Law for Illinois on
Q: I live in a sub-division in a condo with HOAs. Do they have a right to reject my chosen contractor, even if he's willing

to build within their specs and requirements?

Drew Ball
Drew Ball answered on May 16, 2017

You would need to review your HOA' Decs. and Bylaws to determine whether or not their conduct is appropriate.

2 Answers | Asked in Traffic Tickets for Illinois on
Q: I was issued a red light ticket by a police officer. How will this affect my record?

I have 3 choices; pay fine and it will be entered on my record, or attend TSS, or contest in court

Drew Ball
Drew Ball answered on May 16, 2017

If you contest it in Court, it may not be entered on your record if you get it dismissed. If you pay the fine, you are admitting guilt. If you attend TSS, you have initially admitted guilt but will have it expunged upon completion.

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2 Answers | Asked in Insurance Bad Faith for Illinois on
Q: Am I required by law to give a statement to an insurance company after an accident?
Drew Ball
Drew Ball answered on Dec 2, 2016

You are not required by "law" to give the insurance company anything, but rather you are required to adhere to your contractual obligations which are set forth in the insurance contract you executed with your insurer. That contract is not only going to provide a provision that states you "must... Read more »

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3 Answers | Asked in Wrongful Death for Illinois on
Q: My spouse was killed by a person running a red light.

The person didn't get jail time but I know he has a one million dollar insurance policy -- can I sue him to get that full amount?

Drew Ball
Drew Ball answered on Sep 29, 2016

I am sorry for your loss. But yes you can sue, there are numerous issues that need to be vetted first. I strongly suggest you contact an attorney.

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1 Answer | Asked in Consumer Law for Illinois on
Q: What recourse do I have if I company doesn't honor its warrenty

I bought a computer it went out in a week I have a year warrenty on it and the company is jerking me around on sending it back

Drew Ball
Drew Ball answered on Dec 10, 2015

You should have the warranty honored by the company. If they refuse to take action to fix the computer, assuming you have followed all necessary steps outlined in the warranty, then the next step is to contact an attorney and provide them with all of the documents and correspondence you have had... Read more »

1 Answer | Asked in Consumer Law for Illinois on
Q: I am having extraordinary difficulty finding a reliable source of consumer protection laws, including state of IL

I have done every search I can think of and at this point think there are none.

I live in IL and searched gov.sites here. Have gone to Fed sites including FTC, FCC and ANY w/CONSUMER in name.

Where are these spelled out clearly? Esp rights with online purchases? Not "tips" or... Read more »

Drew Ball
Drew Ball answered on Dec 10, 2015

For Illinois go to http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=67

If you go to the Consumer Fraud & Deceptive Business Practices Act, also Uniform Deceptive Trade Practices Act read through them you may find what you are looking for there. Best of Luck

1 Answer | Asked in Consumer Law for Illinois on
Q: I'm being sued for the value of an automobile instead of them repossessing it.

My wife is on the loan and they are not suing her. I went to court to get a new date so I can find an attorney. My work schedule doesn't allow me to adequately search for one. What can I do to prolong the judgement so I can find an attorney?

Drew Ball
Drew Ball answered on Dec 10, 2015

You can always request a continuance for time to find an attorney and generally the Judge will grant it. Simply request that this matter be continued in 30 days once I have time to find an attorney who can enter an appearance.

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