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Questions Answered by James G. Ahlberg
1 Answer | Asked in Child Custody for Illinois on
Q: The father of my child is filing allocations of parental responsibilities for our child? What does this mean?

What should I do in this case if I don’t want him to have these responsibilities?

James G. Ahlberg
James G. Ahlberg
answered on Jan 30, 2020

It means he is going to suggest to the court which one of you gets to make certain decisions for the child and what parenting time (formerly called custody and visitation) each of you will have. Go to this website and click on Parenting Plan to fill out a copy of the form that should be filed with... View More

1 Answer | Asked in Probate, Estate Planning and Real Estate Law for Illinois on
Q: My Mother and Grandfather were on the deed to the home. Both passed with not court recorded will.

My mother and Grandfather were on the deed to the home. Both passed over 7 years ago. My father-in-law (mother's husband by law) was not on the deed or successor and stayed in the home which was not an issue. He passed 10 months ago and the home is now vacant. My mother wrote her wishes down... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 29, 2020

The answer to your question is far too long and complex for this means of communication. Make an appointment with a lawyer who handles estates. Bring all the documents you can find that are related to the situation to the appointment for the lawyer to review.

1 Answer | Asked in Employment Law and Medical Malpractice for Illinois on
Q: Paying MDs as 1099s - Is this Corporate Practice of Medicine?

Hi There,

We are a Not For Profit Corporation, and we pay for patient medical expenses when they require financial assistance. We do not advise them on treatment, provide facilities to MDs, direct / employ MDs, or share profits with MDs. We simply pay patient Invoices when they are unable... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 29, 2020

I'm not sure which 1099 form you're looking at, but it's probably the wrong one. This shouldn't be a contractor expense for you since the medical professionals do not contract with you -- rather, they contract with your patients.

With no more information than you...
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1 Answer | Asked in Arbitration / Mediation Law and Landlord - Tenant for Illinois on
Q: Good afternoon: I have an issue with a landlord-tenant dispute in McHenry County.

A friend rented from a private house in McHenry County. There was an issue with monies owed but my friend has paid the back rent. There is no lease involved. The landlord had agreed to pay the utilities but did not and the water was shut off.

Conflict arose concerning the utility shut... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 27, 2020

You don't have an issue with the landlord, your friend does. He should contact an attorney.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: My ex and I were living together. We both signed a lease. I moved out. He failed to pay rent. I got served a summons.

The lease was signed in 2015.

James G. Ahlberg
James G. Ahlberg
answered on Jan 23, 2020

Most leases state the parties are jointly liable for the rent. This means the landlord can come after either one of you for the full amount. A lease may state each party is responsible for half the rent, but this is very rare. In other words, it's likely you're stuck for the full amount... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Is it possible to change my child’s last name to mine?

I would like to change my child’s last name to my last name. Their dad and I were never married, we don’t have any court order custody agreement, and he’s always been in and out of her life and not financially responsible. I was informed by him about 6 months ago that he has started the... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 23, 2020

It can be done through the courts, but you will be required to provide notice of the court proceeding to the child's father. Be prepared to show it is in the best interest of the child to change the name.

2 Answers | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Can my grandmother sell a house in Puerto Rico that is willed out to me and my sister by my deceased grandfather.

Can she change his will and sell the house herself ? They only had one son, my father and he is deceased also.

James G. Ahlberg
James G. Ahlberg
answered on Jan 23, 2020

This is a question you need to ask an attorney licensed to practice law in Puerto Rico.

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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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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... View 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...
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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... View 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.

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