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Questions Answered by James G. Ahlberg
1 Answer | Asked in Real Estate Law for Illinois on
Q: How do I stop a land grabber
James G. Ahlberg
James G. Ahlberg
answered on Nov 3, 2018

Your question is so vague that I doubt anyone can answer it. The best advice I can offer is that you should make an appointment with an experienced real estate lawyer to explain your situation. Bring every single relevant document and photo you have to the first appointment with the lawyer so he or... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My landlord is not the legal owner of my home. My cousins dead wife was until 6/22/18 but he signed a lease is it legal.

My cousins wife died 4 years ago. The bank never took the house back, but a non relative swore he bought the home and has been renting it out. He signed a lease, yet the legal owner is tammy who is dead. All taxes show in her name and documents show she sold it back to the bank in June of these... View More

James G. Ahlberg
James G. Ahlberg
answered on Oct 30, 2018

Make an appointment to see a lawyer as son as possible. Bring all the documents you have dealing with this mess. Do it today. Don't delay. I repeat, do it today. In the meantime, until you have met with the lawyer, don't pay the so-called landlord another dime.

1 Answer | Asked in Family Law for Illinois on
Q: Am I able to stop visiting my dad since I’m 18 and live with my mom full time?

My parents have been divorced since I was 16. The divorce papers say I am not emancipated until I turn 18. The papers also say that if I am 18 and still in high school, I have to wait till I graduate. Since I am 18 AND still in high school, do I have a choice to stop visiting my dad, or do I... View More

James G. Ahlberg
James G. Ahlberg
answered on Oct 25, 2018

You legally became an adult on the day you turned 18. Unless a guardianship of you as a disabled adult, you should be free to stop visiting your dad. You may wish to meet with a local attorney to discuss whether avoiding your dad may impact your local court's opinion as to whether he has to... View More

1 Answer | Asked in Legal Malpractice for Illinois on
Q: Does legal malpractice have a statute of limitations?
James G. Ahlberg
James G. Ahlberg
answered on Oct 25, 2018

Yes. As a general rule it is two years from the time the person bringing the lawsuit knew, or reasonably should have known, of the malpractice. (It can be quite a bit more complex than the simple statement in the first sentence. Some cases involve a statute of repose which can bar the right to... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: My parents lived in Chicago and owned a home in Puerto Rico. They both passed away within the last year and half.

My parents lived in Chicago and owned a home in Puerto Rico. They both passed away within the last year and half. My brother and I (we live in Chicago) would like to sell the house in Puerto Rico. My mother did not have a will. My father signed a will but it was not notarized. The signature was... View More

James G. Ahlberg
James G. Ahlberg
answered on Oct 25, 2018

You'll probably have to have an attorney open an estate in the name of whichever parent died second. The estate should be opened in the county and state in which that parent lived at the time of death. The attorney who opens the estate will probably need to find an attorney in Puerto Rico to... View More

1 Answer | Asked in Child Custody for Illinois on
Q: I am separated and my husband is telling me I can not have my kids back. Can he legally keep them from me

No legal custody has been made yet.

James G. Ahlberg
James G. Ahlberg
answered on Oct 22, 2018

Unless a court order says otherwise, parents of children have exactly the same rights. In other words his right to parenting time (formerly called custody) is the same as yours. I encourage you to find a lawyer and secure a court order determining when each of you has parenting time.

2 Answers | Asked in Workers' Compensation for Illinois on
Q: I slipped going into a clients home, did not fall down, but put my arm up to try and keep from falling, all of my weight

momentum forced arm up very hard, my office told me to call Workman Comp and go to the er, been to the dr twice already, no use of the arm, I have not been able to get medication for pain, different story every attempt, I was told that my case hasn't been accepted yet, how can this be right... View More

James G. Ahlberg
James G. Ahlberg
answered on Oct 22, 2018

A workers' compensation insurer is allowed a limited time to review a case and determine whether to accept liability. If the facts are as clear as you say they are Iencourage you to contact a workers' compensation attorney ASAP.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Illinois on
Q: My brother filed A probate to become the independent executor can I object .

I received a letter to appear in court because my brother wants to be appointed executor. Me and my other siblings do not agree to this...do I need to hire an attorney for an objection or can I show up in court with the copy of my mom will which I did file at the court house

James G. Ahlberg
James G. Ahlberg
answered on Oct 22, 2018

You can show up on your own, though your odds of success should increase if you have an attorney. If your brother has an attorney, you should definitely have one. If you hire an attorney, bring him or her a copy of the will to review when you meet.

1 Answer | Asked in Family Law for Illinois on
Q: Am I responsible for a spouses debt, if I am not included on his application for credit?
James G. Ahlberg
James G. Ahlberg
answered on Oct 17, 2018

It depends. As a general rule spouses are each liable for the other's debt if it results from obtaining a "necessary" item. Such things include food, shelter, medical, reasonable clothing (casual clothing yes; a mink coat, no), etc. To cite an example I use with clients, a first... View More

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: deceased family member beneficiaries question

my mom recently passed she was married he is deceased before her is the house now my mother beneficiaries which is me an my sister

James G. Ahlberg
James G. Ahlberg
answered on Oct 16, 2018

This is more complicated than you realize. No one can answer your question without knowing who the owner of the house was at the time of her death, how the title was held (Life estate? Joint tenancy with someone? Tenancy in common with someone?), whether your mother left a will or not, etc. Gather... View More

2 Answers | Asked in Divorce for Illinois on
Q: in marital statement it says both of us need to provide life insurance policy in specific amount. Is that mandatory

in Illinois?

James G. Ahlberg
James G. Ahlberg
answered on Oct 15, 2018

If it's in your Marital Settlement Agreement and it has been adopted by the court (possibly by reference in the Judgment of Dissolution), then it's mandatory in your case unless it is changed in a later court order.

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1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My lease states that a percentage of my deposit will be used for prof. painting and cleaning once I move out. Legal?

My landlord put a section in my lease in which he states that once my lease is up and I move out, I will receive my deposit, minus the amount it costs him to have it professionally painted, cleaned and the carpets cleaned. I always assumed this referred to extreme amounts of cleaning or damage.... View More

James G. Ahlberg
James G. Ahlberg
answered on Oct 15, 2018

A lease is a particular form of contract. It sounds like you signed a contract to permit the landlord to do this. Bring a copy of the lease to a lawyer to see what he or she thinks after having a chance to read the whole lease, however.

1 Answer | Asked in Adoption for Illinois on
Q: I'm an unwed pregnant woman who is thinking of giving my baby up for adoption.

I'm worried that my hormones aren't making me think straight about it. What happens if I change my mind after I give birth and decide to keep the baby?

James G. Ahlberg
James G. Ahlberg
answered on Oct 12, 2018

1. If you sign a consent for adoption BEFORE the child is born, you have 72 hours after the birth of the child to change your mind and revoke your consent to the adoption.

2. AFTER the child is born you cannot sign a consent or surrender for adoption until at least 72 hours have passed....
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1 Answer | Asked in Real Estate Law for Illinois on
Q: Is there a statute of limitations on property line encroachment and can I take legal action to force removal?

Declaration strictly states "in no event shall any patio, etc.... extend beyond the lot line as defined by the "party wall" a fence separating the 2 homes. The declaration defines the party wall as defining the lot line. Additionally the Declaration states that the HOA cannot create... View More

James G. Ahlberg
James G. Ahlberg
answered on Oct 12, 2018

Answers to questions like this depend on a careful reading of all the documents involved. Make an appointment with a knowledgeable real estate attorney. Bring all the relevant documents -- the plat or other document containing the declaration, a copy of the constitution and bylaws of the HOA if... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can a power company ignore an easement from 1965 with feet and use the undefined easement from 1918?

1918 easement is undefined. 1965 easement grants 15 ft. They want to ignore this easement and use older one, claiming they have 30 ft.

James G. Ahlberg
James G. Ahlberg
answered on Oct 11, 2018

It's difficult responding to this because it requires interpreting documents I haven't seen. My gut reaction is that they probably can't do this -- but I might disagree with my gut reaction if I read the recorded documents. Either way you need to find a lawyer to look at the... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Can I ask that the non custodial parent give me one of his cars?

Child support and visits have already been established. My car broke down and I lost my job because I was commuting. The custodial parents has 4 vehicles

James G. Ahlberg
James G. Ahlberg
answered on Oct 5, 2018

You can ask for anything. What you probably can't do is get a court to order that he or she give you a car, however, unless you somehow convince the court that it is in lieu of child support for a specified period of time.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: In a legal dispute with my landlord who gave my email to their lawyer. Lawyer keeps emailing me. Can he do that?Ethical?

Moved into a rental house in June. To this day, owners have not fixed any major problems here that we showed them. 2 months after moving in we called the village inspector. They were given a 3 page list of housing code violations! On Oct.10t the inspector will come back out to check for compliance.... View More

James G. Ahlberg
James G. Ahlberg
answered on Oct 4, 2018

The other side's lawyer can contact you unless her she knows you have a lawyer and who it is. It is unethical if the other lawyer contacts you directly once they know who your lawyer is.

2 Answers | Asked in Workers' Compensation for Illinois on
Q: Are all employers, no matter how small the organization required to carry workers' comp insurance?
James G. Ahlberg
James G. Ahlberg
answered on Sep 26, 2018

As a practical matter yes. For example, I have exactly one employee and i am required to carry it. Certain small family farms do not have to carry workers' compensation insurance, however, due to a specific exception in the Workers' Compensation Act.

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1 Answer | Asked in Child Custody for Illinois on
Q: Can I appeal a child support decision if my spouse was recently convicted of a DUI with our kid in the car?
James G. Ahlberg
James G. Ahlberg
answered on Sep 25, 2018

Whether you can appeal a child support decision has nothing to do with your spouse getting a DUI, whether the child was in the car or not. It may impact the allocation of parenting time (formerly called custody and visitation), however.

1 Answer | Asked in Adoption for Illinois on
Q: What's the legal difference between child-trafficking and private adoption agencies?
James G. Ahlberg
James G. Ahlberg
answered on Sep 25, 2018

Private adoption agencies operate within the law and have the best interest of the child in mind. Child traffickers do not operate within the law and most assuredly do not have the best interest of the child in mind.

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