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Questions Answered by James G. Ahlberg
1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Illinois on
Q: My husband just was told he may have a 7 year old son he didnt know about. The mother hasn't had the child for awhile.

the mother is in jail right now waiting a trial and then will go to prison for a while. I am his wife. We want to prove paternity and totally adopt him as OURS . But don't want him around his "mother" ever again seeing as she is so unfit. We have 4 kids of our own and a house and I... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 25, 2022

There are too many variables in your situation for a lawyer to give you solid advice on these issues without sitting down and talking to you and your husband. I encourage you to make an appointment with an attorney in your area who handles adoptions. Also, if DCFS has to due an investigation of you... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: I'm being told that because I no longer work there they don't have to pay me my vacation or personal time off ?

I worked there for 3 years an give 2 weeks notice of taken a new job

James G. Ahlberg
James G. Ahlberg answered on Jan 25, 2022

If your employer is located within the State of Illinois, he is required to pay you the proportion of your vacation which you've earned when you leave the job. For example, if your employer provided two weeks of vacation per year and you worked half the year before leaving, he must pay you for... Read more »

3 Answers | Asked in Workers' Compensation and Health Care Law for Illinois on
Q: Question about a family member who is hospitalized

My brother is hospitalized after having a stroke, he not able to communicate well but for hospital aid and benefits we need to access thinks like bank statements and pay stubs. They haven’t been given to us at the bank or his job. Is there some legal paper we can get to be able to access that on... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 17, 2022

If he hasn't appointed anyone to hold his power of attorney for health care, you'll need to make an appointment with a lawyer to file papers in court to create a guardianship for a disabled adult. From what you describe, this should be done as quickly as possible.

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1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: My great grandmother had land in Puerto Rico and passed in the 1970s. Do we still have claim on the land?

My great grandmother had land in Puerto Rico and passed in the 1970s. She left deed to my grandma and her sister, her only children. Both passed within last ten years and we uncovered the deed to the land. What rightful claim is there to the land? We visited it and saw it was empty.

James G. Ahlberg
James G. Ahlberg answered on Jan 11, 2022

This is a great question, but it should be asked of a lawyer licensed to practice in Puerto Rico. I strongly encourage you to do so.

1 Answer | Asked in Family Law for Illinois on
Q: I’m unsure how to proceed. My mother was put in an assisted living place, aka memory care. That wasn’t my mothers wishes

The “ POA “ didn’t even notify the facility that she has muscular Dystrophy . POA didn’t notify court that they had a felon during fudicary duties! Now I’m not allowed to see my mother. I was the only one to visit!! What shouldI do??

James G. Ahlberg
James G. Ahlberg answered on Dec 8, 2021

You need to make an appointment with a lawyer in your area as quickly as possible. Bring a copy of the POA if you have one. Bring any proof you have regarding the felony you say the holder of the power of attorney has.

1 Answer | Asked in Real Estate Law for Illinois on
Q: What do we do

My husband and I are in the process of buying our home. We have a verbal agreement with the owner stating “as long as we finish renovating at our expense we can come up with an outstanding payment”. We just received a letter about tax delinquencies and the house has been bought by someone else... Read more »

James G. Ahlberg
James G. Ahlberg answered on Nov 30, 2021

You need to meet with a competent real estate attorney ASAP, within the next few days if possible. Bring every scrap of the paperwork you have regarding the property and the tax sale to that appointment.

1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on
Q: Can I sign the rights to my children over to their mother?
James G. Ahlberg
James G. Ahlberg answered on Nov 30, 2021

No. Even if you could it would not terminate your obligation to pay support.

1 Answer | Asked in Family Law and Libel & Slander for Illinois on
Q: My mom is slandering my name which is affecting my relationship with my family and is affecting me in custody court

For the past couple years my mother has completely slandered my name and came up with a horrible rumors some being illegal she has destroyed my relationship with my father and other family members I am in the process of a custody battle and she is making it worse for me to the point I might not get... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 23, 2021

No one can give you an intelligent answer based on the scant facts you set forth. You need to make an appointment with a lawyer and tell him or her everything about the situation for advice as to your options.

2 Answers | Asked in Divorce for Illinois on
Q: What does” she would pay child support in reserve “mean in this paragraph exactly

Yes I meet with him. He did indicate he would be willing to allow her to stay in the house until Ava graduates. He would pay the mortgage ( including taxes and insurance) shoe would pay utilities and child support reserved. He would exercise his parenting time at the house. Can talk Thursday... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 13, 2021

"Child support reserved" used in this way means that the question of child support will be decided at a later date, with neither party losing any rights because the decision was delayed.

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1 Answer | Asked in Real Estate Law for Illinois on
Q: We r looking for a home but have to sign a lease today for apt renewal on Nov 15. If I find something is there an out?

Do I have any time to get out of the contract if I find something within the next 2 weeks?

James G. Ahlberg
James G. Ahlberg answered on Sep 15, 2021

No, unless you convince your landlord to put it into the lease. Check the terms of your existing lease. What does it say happens if you don't sign a new lease and simply stay put?

2 Answers | Asked in Criminal Law, Family Law, Child Support and Domestic Violence for Illinois on
Q: Can a judge suspend a case until another one is finished?

Prosecutor is in a more serious(felony) case vs a family court case. Is there any precedent notably in illinois that a Judge can suspend the lesser case until the more serious case is completed?

James G. Ahlberg
James G. Ahlberg answered on Aug 20, 2021

Yes, a judge can do this.

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1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Can I file a law suit against my employer or find out if others already have - if they are forcing vaccines on employees

That have not been approved by the FDA?

James G. Ahlberg
James G. Ahlberg answered on Aug 19, 2021

The vaccines have been approved by the FDA on an emergency basis. Your employer is not forcing the vaccine on you. They are simply saying you can't work for them if you aren't vaccinated. Your choice entirely.

1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: my brother and father have the same named. my father died. while mom was on vacation he moved into her house. he won't

leave. told a friend he was taking the house when she passes. can he?

James G. Ahlberg
James G. Ahlberg answered on Aug 18, 2021

No, he can't unless your mother leaves it to him in a will or she transfers the property to him through a deed or other conveyance.

1 Answer | Asked in Employment Law for Illinois on
Q: Does the employer have any obligation to provide a final paycheck on last day, if requested?

There are state rules that provide guidance regarding voluntary and involuntary termination rules for when the final paycheck should be provided. However, if an employee makes a specific request to receive their final pay upon termination (regardless of state or reason for termination), is the... Read more »

James G. Ahlberg
James G. Ahlberg answered on Aug 16, 2021

No, the employer does not need to issue you a final paycheck on your last day, even if you request it.

1 Answer | Asked in Land Use & Zoning, Public Benefits and Real Estate Law for Illinois on
Q: Does the State of Illinois have to purchase my daughters entire property?

The State has offered to purchase a portion of the property. This would include a majority of the septic field. She has nowhere to replace it. They did not have any compensation for this item listed on their offer. Would that make her property inhabitable and what are her options? Do they have to... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jul 27, 2021

Your daughter needs to make an appointment with an experienced real estate lawyer to discuss this. Make sure she brings to the appointment a copy of the offer the state made.

1 Answer | Asked in Family Law for Illinois on
Q: What are the criteria to move out of your parents home without consent at 18 years of age? (In Illinois)

Side question, if I am unable to fully move out of the home, would I be able to just walk out and sleep at a friend's house occasionally?

The real question would be....

What are my limitations as an 18-year-old with a job that only pays 50 per day?

Would moving out be... Read more »

James G. Ahlberg
James G. Ahlberg answered on Nov 18, 2020

You are not considered an adult until you either reach 18 years of age or are emancipated (declared to have the rights of an adult) through a court proceeding. The main requirements of emancipation are that your parents must agree to it and you must be immediately able to support yourself living... Read more »

1 Answer | Asked in Child Support and Employment Law for Illinois on
Q: Can I work even if one of my parents is paying child support for me?

I’m 16 and one of my parents is giving child support to my other one. With the pandemic going on my mother, who receives child support, recently lost her job. I’ve been wanting to help her but she’s questioning whether I’m allowed to work, since my father is giving her child support. I just... Read more »

James G. Ahlberg
James G. Ahlberg answered on Nov 6, 2020

Yes, you can work. And I salute you for being so responsible.

1 Answer | Asked in Divorce for Illinois on
Q: Can I file for divorce in Illinois if I live in Arkansas
James G. Ahlberg
James G. Ahlberg answered on Oct 28, 2020

If your spouse lives in Illinois you should be able to file for divorce in the county in which your spouse lives.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Ex husband engages in inappropriate behavior during his parenting time

My ex husband has parenting time every other weekend. Our daughters are 13, 9 and 9.

Last weekend my daughter walked by his bedroom at 2 p.m. when all of the kids were in the house and heard voices. The door was closed, but she could clearly hear him engaging in an online chat coercing... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 28, 2020

Contact the lawyer who handled your divorce, make an appointment immediately , bring in the daughter and the recording. Follow the advice the lawyer gives you.

If you did not use a lawyer when you got divorced, contact a lawyer immediately, make an appointment, bring in the daughter and the...
Read more »

2 Answers | Asked in Real Estate Law for Illinois on
Q: How do I transfer real estate as an administrator of the estate in Illinois?

What document do I use? If it's a quitclaim deed, what name is listed as the grantor? The deceased person, or "The Estate of ...."? I would be the one signing it, as the administrator. The current deed is in the deceased's name solely.

James G. Ahlberg
James G. Ahlberg answered on Oct 26, 2020

I have to be blunt: You shouldn't attempt to do this without using a lawyer.

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