I signed a con-compete in Illinois that reads "If for any reason I decide to voluntarily resign from the Company, I acknowledge that the Company requests that I provide at least 10 business days written notice of my intent to leave, the date I want to leave, and (as soon as I know it) the name... Read more »
answered on Feb 2, 2023
Your question is missing some important information. Having said that, non-competes are not enforceable in Illinois unless they are reasonable under the circumstances. I do not believe that an Illinois court would find the requirement to disclose a new employer as being unreasonable. I suspect that... Read more »
The judge order them to payout but they are still refusing. Told the family they dont deserve that amount of money.
answered on Jan 16, 2023
I assume that when you say your family "received" a judgment that you mean that a judgment was entered in your or your family's favor and against some specific defendant or defendants. Obtaining a judgment does not mean that the defendants will voluntarily pay or satisfy the... Read more »
Can I claim this house. If so how? The property has been vacant over a year. Deed still in aunt's name and someone recently paid taxes.
answered on Jan 5, 2023
There is no such thing as "claiming" the house. If property is owned by someone who dies, then that property can be transferred by small estate affidavit if the amount is small and there is no real estate. Here, you are dealing with real estate, so the small estate affidavit is not an... Read more »
answered on Oct 30, 2022
A properly drafted construction agreement should have termination provisions. Start by reading the contract and be aware of your notice and termination obligations. Any contract case requires that you show offer, acceptance, consideration, duty, breach and damages. Remember that in the case of... Read more »
My boyfriend is buying a home we will live in together. The loan is VA so I can't be on the title until we are married, but I don't want to invest money into renovations if I have no legal rights to it. Is there any sort of contract we can create and sign that promises to pay me back a... Read more »
answered on Oct 24, 2022
I always counsel boyfriend/girlfriend client situations to ask themselves what documentation would they want if the other person were not your boyfriend/girlfriend. It is a mistake to think that the status of boyfriend/girlfriend has anything to do with the commercial arrangement of loaning money.... Read more »
answered on Aug 22, 2022
I assume that when you say "estate bank account" that you mean the account opened by an administrator or executor after a probate estate is opened. In that case, the answer is no. The account is opened in the name of the estate and the administrator or executor is responsible for that... Read more »
Agreed he could have half the wood.
answered on Jun 20, 2022
Make sure that you have a written agreement. Although I don't see this work as falling under the Home Repair and Remodeling Act, the act requires written contracts for work in excess of $1,000. That should be a tip that a written agreement may be useful here. Have the contractor agree to... Read more »
They are preventing me from filing an affadavit of heirship.
answered on Mar 16, 2022
Just to be clear, affidavits of heirship are filed in conjunction with a petition to open an estate. If your grandparents have filed such a petition, you can appear in that case and let the court know where you stand and provide the court with relevant facts. If no such petition has been filed,... Read more »
Will from 1983 & beneficiaries would agree to whomever the change would be. Party in question is incapacitated but home needs work before can sell for probate.
answered on Feb 14, 2022
The short answer to your question is "yes."
The longer answer is that the executor's duty is to "carry out the wishes of the decedent," acting in the utmost good faith to protect the interests of the beneficiaries, "exercising at the very least that degree of... Read more »
It's a collection agency who is taking me to court tomorrow via a zoom call. I've not been able to pay on it due to everything going up in price and I live on a very low income and am behind on my water bill and several other bills. I was behind on rent until just recently, over a year... Read more »
answered on Jan 26, 2022
Your inability to pay does not stop the entry of judgment. If there is already a judgment and you are up on a post judgment citation or garnishment, you should read and be aware of the exemption provisions of the post judgment code of civil procedure. Specifically, 735 ILCS5/2-1402 states at (b)(1)... Read more »
How to change her house to my name? And her bank account ( She had only very small amount money)?
answered on Jan 25, 2022
There is no such thing as changing the house to your name. You need to look at the deed and determine how it was titled. if in you Mom's name alone, then you will need to open an estate in order to transfer the asset. If the house was titled as joint tenants, then the property will pass, by... Read more »
From the other party. Does this absolve me from the remaining fees?
3 brothers have inherited a large home, one of the brothers are living there and cannot maintain the home due to alcoholism. Each has a 1/3 of real estate as stated in the will. He refused to pay the other 2 brothers rent or expenses. He needs to go to detox and rehab. He is incapable to help with... Read more »
answered on Oct 1, 2021
Illinois has a partition statute to handle situations concerning jointly held real property. The statute is found at 735 ILCS 5/17-101, et seq. If you read section 105 you will see that the court has the power to determine if the property can be divided among the parties without prejudice to any of... Read more »
answered on Sep 14, 2021
If your husband died with a will, you should review the provisions of the will. If he died without a will, then the Probate Act provides at 755 ILCS 5/2-1, that "Sec. 2-1. Rules of descent and distribution. The intestate real and personal estate of a resident decedent and the intestate real... Read more »
Can she legal do that
answered on Aug 18, 2021
You have encountered a Statute of Frauds Issue. I authored a blog on this topic. I think it is relevant. Portions are stated below:
If you enter into contracts in Illinois, you should at least be aware of the Frauds Act. Illinois law limits certain claims and actions if they are not... Read more »
Defaulted on a bank line of credit. They won a judgement. They are trying to collect in court but they sold the debt to a collection company. Is it legal to double dip?
answered on Aug 10, 2021
Selling a judgment is not double dipping. During a post judgment proceeding you will be entitled to a credit for payments you made toward the judgment. From your question it does not appear that you have made any such payments. By selling the judgment the judgment creditor has simply transferred... Read more »
will created and signed in California for a now Wisconsin resident
answered on Jul 8, 2021
NO. 755 ILCS 5/4-3 requires that every will be in writing, signed by the testator or by some person in his presence and by his direction and attested in the presence of the testator by 2 or more credible witnesses. Under your scenario, the "credible witnesses" did not attest in the... Read more »
I won my case for selling a car with a vehicle sales agreement. The other party did not show. I see lots of things on the docket that I am not sure about. Due Date , satisfied, 851- Judgement, what do these headings mean?
answered on Jun 30, 2021
You should reference 735 ILCS 5/2-1401 for post judgment proceedings. Make sure that your order is final and appealable, meaning that it resolves all claims brought against all parties in the action. Assuming that to be the case, you will likely want to file a citation to discover assets, a... Read more »
answered on Jun 6, 2021
Assuming that your sister did not have proper authority to sell the property or act on behalf of your father's estate, then you need to open an estate (assuming one is not open) or intervene in any pending estate and have the authorized representative file a petition to recover assets. There... Read more »
There is still a mortgage on it and just want to know as long as he takes over the mortgage I want to give him the property
answered on May 11, 2021
Ownership, leases, and security interests are all separate matters. You are free to gift or sell the condo to your son, but that does not eliminate or transfer the mortgage. You should look at your mortgage loan agreement to see if it has a due on sale clause. If you "sell" the unit to... Read more »
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