Lawyers, Answer Questions  & Get Points Log In
Questions Answered by James G. Ahlberg
1 Answer | Asked in Employment Discrimination, Employment Law and Real Estate Law for Illinois on
Q: I feel that I was wrongfully terminated from my job as an independently contracted leasing agent. What are my rights?

I feel that I was misclassified as an independent contractor in the first place but I know things get blurry in the realm of real estate: does this change anything? I also believe that I was terminated on grounds that were discriminatory and retaliatory but I am unfamiliar with my rights since I... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 22, 2020

You're asking the right questions. The problem is that you need to schedule an appointment with a lawyer well-versed in employment law who can develop the information necessary to answer them by speaking with you. No one can provide you useful advice on the scant information provided.

One...
Read more »

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Can I find out if a will was entered into Texas court by my father before his death?
James G. Ahlberg
James G. Ahlberg answered on Jan 20, 2020

In Illinois a will isn't filed until after someone dies. I'd be astounded if the law of Texas is different, but a phone call to a Texas lawyer should yield a reliable answer.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can you get evicted for smoking in your apartment if you have Oxigan

No

James G. Ahlberg
James G. Ahlberg answered on Jan 20, 2020

If your lease forbids smoking, yes. Possibly if your lease forbids you from doing anything in the apartment that might cause the landlord's insurance to increase. You must realize the danger of smoking near an oxygen supply or you wouldn't have asked the question.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: If our child drops out of college and decides to enroll again prior to age 23 can I be held financially responsible?

Child wants to graduate high school early but I don't think they are mature enough yet. We don't have anything outlined in the parental plan for higher education however I am the primary decision maker with high school.

I'm curious if our child attends college after graduation and then... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 20, 2020

Frankly, the best answer I can give is not to fret about something so far away over which you have little or no control. This is the advice I'd give if you were a client.

1 Answer | Asked in Child Custody for Illinois on
Q: If mother of your child doesn't want you on birth certificate is their any papers I can file to get put on it

How to get legal visiting rights

James G. Ahlberg
James G. Ahlberg answered on Jan 20, 2020

Your best bet is to hire a lawyer to file a paternity action. If you're the father, the court will issue an order saying so. It can also order that your name be added to the birth certificate, decide what parenting time (formerly known as custody and visitation) each of you gets, and determine how... Read more »

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: If parental order was not followed prior to child attending College, am I financially responsible?

Our current order states that the three of us (mother, father and child) will work unilaterally regarding College. So far I've been kept in the dark and our child won't answer any of my questions regarding college. Our currently order only states that if the three of us cannot agree regarding... Read more »

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

Ask your ex-spouse about college. Your child wasn't a party to the legal proceeding in which the order was entered, whereas your ex was. Your child can't be held in contempt for not obeying an order in a legal proceeding to which the child was not a party. Your ex is bound by the order since he or... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: My grand mother just passed December. My mom says that she has to pay upwards of 30k for inheiring my grandmother's home

Her house should be valued at upwards of 200k. I cant find anywhere online of anyone paying 30k to inherit a home? Is this true? Is there any scenario at all where she would have to pay that much money to get a home or is she lying?

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

One scenario might be that your grandmother had a mortgage on the home which had a $30,000 balance remaining

due at the time of her death.

1 Answer | Asked in Employment Law for Illinois on
Q: Can my employer ask me to take a pay cut in addition to paying a premium in order to access a company health plan?
James G. Ahlberg
James G. Ahlberg answered on Jan 16, 2020

Yes, as long as the pay cut isn't retroactive.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: When we sell the condo, would I be able to get the 50% of the value of the condo that my mom agrees to for a long time?

My parents were divorced when I was 14. However, my dad came back in our life at one point. He offered to put down half the down payment for a purchase of a condo in my mom’s name in 2007 as a redemption and to help me through college. Both my mom and dad put down $140000 for a $305000 condo. My... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 15, 2020

If the condo was solely in your mother's name, and if the 2012 deed to which you refer was recorded in the Recorder's Office, then you are entitled to 50% of the net proceeds if it is sold. If the deed wasn't recorded or doesn't get recorded, you need to talk to a lawyer ASAP.

1 Answer | Asked in Real Estate Law for Illinois on
Q: IDOT just cut down barrior trees along my property line which borders a major road! Now no barrier and looking at road.

Fences are not allowed. Trees were 25 plus feet tall and now looking at busy road is not desirable, not safe, and devalues property. Will cost a fortune to replace. Homes here are $ 1 million on one acre lots and it looks terrible. Can I get them to pay to replace?

James G. Ahlberg
James G. Ahlberg answered on Jan 15, 2020

You need to find out whether the trees were in the right of way for the busy road you describe. If they were, IDOT's action is defensible; if they were not, IDOT's action is inappropriate. The value of your home is irrelevant in this situation.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: I'm 22 of age my grandma raised me and was the one getting my child support

Can I be the one getting it now I'm of age and live on my own and have lived on my own since I was 17

James G. Ahlberg
James G. Ahlberg answered on Jan 13, 2020

You legally became an adult on your 18th birthday. Child support normally stops on the child's 18th birthday or graduation from high school, whichever is later. There are exceptions if you're disabled or if your parent has been ordered to contribute to your higher education (college, etc.).

2 Answers | Asked in Criminal Law, Family Law and Juvenile Law for Illinois on
Q: My 12 yr old son told me he exchanged photos of his private parts w/ a girl his age on their phones. Do I need a lawyer?

My son deleted the pics but she shared his with someone at school - not sure how far it's gone. He doesn't even know why he did it, is ashamed, will never do it again but has been getting bullied. We talked to his therapist but she was only helpful for his mental health. I am not sure what... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 10, 2020

As a practical matter you don't need a lawyer until the police or the school gets actively involved in the situation.

In the meantime, think of all the TV dramas you've seen where someone is warned "You have the right to remain silent. Anything you say can and will be used against you."...
Read more »

View More Answers

1 Answer | Asked in Consumer Law, Insurance Bad Faith, Insurance Defense and Real Estate Law for Illinois on
Q: what can I do if my mortgage company doesn’t pay my homeowners insurance?

I escrow my homeowners insurance and my mortgage company didn’t pay my homeowners insurance and now I have a leak in my kitchen. I tried resolving the issue with my mortgage company but they are not being responsive. What can I do? They still have not paid my homeowners insurance and have not... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 10, 2020

Gather all the paperwork involving your situation and take it to an attorney. It's likely the mortgage company can be persuaded to do the right thing, or sued if they don't.

1 Answer | Asked in Child Support, Family Law and Legal Malpractice for Illinois on
Q: Child support in Illinois: college student plus child with disabilities. My lawyer refused to do as I asked.

My ex and I originally compromised on our initial child support agreement. He offered a generous amount until the youngest of 4 kids was 18. I had always been stay at home mom. Because of his generosity (no calculations or % when it was still law), I did not seek maintenance. Then when oldest is... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 10, 2020

It is probably too late to seek maintenance, although you may have a very slim chance by arguing you and your ex were mistaken as to the facts involved when you made your choice. A judge can consider (and award) college expenses and can take into account the added expense of raising a disabled... Read more »

2 Answers | Asked in Family Law and Elder Law for Illinois on
Q: dementia diagnosis and guardianship

My grandma is 89 she has symptoms of dementia to my knowledge she has not been formally diagnosed by her physician her physician will not speak to me because he does not have a release to do so anytime anyone tries to help my grandma with anything she gets irate and violent she does not have a... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 9, 2020

To expand on Ms. Sexauer's answer a tiny bit, there is no way to get a guardian appointed for a disabled adult in Illinois without that person being made aware of it.

View More Answers

1 Answer | Asked in Divorce for Illinois on
Q: My ex and I set up an account for my grandson for college while we were married; my grandson is 3 1/2 years old.

Within a month of the divorce becoming finalized, my ex closed out that account and pocketed the money. That account was in my grandson's name, with his social security number. My ex's name and my name were also on the account if something happened to my grandson. Could my ex close that account... Read more »

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

This is a question to ask the lawyer who handled your divorce. He or she is familiar with the court orders and settlement agreements entered in your case. Ideally, one of those should have addressed the issue of what would happen to this account if the lawyer knew about it and the names on the... Read more »

1 Answer | Asked in Civil Rights and Real Estate Law for Illinois on
Q: Can I get on the deed of my deceased Dad’s house before my brother sells out from under me or takes a loan out?

As far as I know there is no will & I was the executive on his life insurance which I split in half with my brother.

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

There are too many details left out of your question to determine what the answer is. You should meet with a lawyer licensed to practice law in the state where the house is located. During the appointment the lawyer will get these details and should be able to give you good advice.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: State of Illinois, is it a conflict of interest to have my ex-wife be represented by her current boss?

My ex-wife is employed by a ligation and personal injury attorney in the state of Missouri. He represents her at no charge in the state of Illinois where our case has been initiated. Is it a conflict of interest for him to represent her?

James G. Ahlberg
James G. Ahlberg answered on Jan 2, 2020

If he was your boss it would be a conflict of interest. If he's her boss it is not.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: Can my ex file for custody, taxes and child support?

I was given custody in 2017. My ex was not ordered visits or child support. In 2019, Aug my wife and I found out she was doing better and expecting a baby. I let her go live with her mom and grandparents in Tennessee while I live in Illinois so that she would be there for the birth of her brother.... Read more »

James G. Ahlberg
James G. Ahlberg answered on Dec 26, 2019

As long as an Illinois court has ruled on such things as custody, parenting time (formerly called visitation) or support, the children should remain subject to the jurisdiction of the Illinois court. The Tennessee court should refuse to take action contrary to the Illinois court's orders. This will... Read more »

3 Answers | Asked in Divorce for Illinois on
Q: How do I find out if I am still legally married in another state

The divorce was filed in 2015, my ex's attorney never contacted me about mediation or anything else like he said he would. I no longer live in Oklahoma and haven't for years. How can I get this ugly situation gone for good or is it already and I just didn't know?

James G. Ahlberg
James G. Ahlberg answered on Dec 26, 2019

If the Clerk of the Court in the Oklahoma County where the divorce was filed has a website, use it to check on the status of the case. If you can't find a website, call the Clerk of the Court in the Oklahoma county where the divorce was filed and ask them how to find out.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.