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Questions Answered by T. J. Jesky
1 Answer | Asked in Business Formation for Illinois on
Q: Is it legal to do aerial photography and 3d photogrammetry using a drone in IL to provide visual updates for client

I am not looking to give precise measurements, just visual inspections. Ideally would like to make this my business. I am achieving the part 107 license to fly commercially. Thus I am aware of the airspace restrictions. I am wondering about the legality of the above case.

T. J. Jesky
T. J. Jesky answered on Nov 27, 2020

This is a good question. First, if you are law enforcement, the Illinois statutes give you authority to fly the drone almost anywhere. But, since your not law enforcement, you are somewhat restricted. The law states that you cannot use a drone to interfere with hunters or fisherman. A number of... Read more »

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Illinois on
Q: How much would it cost for someone to review a lease agreement for me and help me understand my rights and conditions?

This is a lease agreement with a Landlord for a Small Business. It would be great if someone can do this for free. I am having a hard time understanding a few items in the contract.

T. J. Jesky
T. J. Jesky answered on Nov 20, 2020

This is a good question, but the answer depends on a number of factors. For example, is this a residential or commercial lease? What is the length of the lease? How long is the lease period and what is the rent? A commercial lease is much more complex than a residential lease.

I...
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1 Answer | Asked in Identity Theft and Securities Law for Illinois on
Q: SSN Fraud

Hi, good night I have a question and would like to know something about a problem with a friend, which is that a friend thinks of getting a fake SSN and green card for work purpose but he thinks of changing his name and birthday but he had a picture with a fake green card and I would like to know... Read more »

T. J. Jesky
T. J. Jesky answered on Nov 17, 2020

First, I hope your friend is not you. Of course this is fraud. Yes, if caught this would adversely affect his immigration status. And, if this is really a friend, and not you, you may be an accomplice to this fraud. Don't do it!

3 Answers | Asked in Securities Law and Stockbroker Fraud for Illinois on
Q: Is it illegal for me to give a friend my login credentials for my brokerage account and have him trade for me?
T. J. Jesky
T. J. Jesky answered on Nov 17, 2020

To add on to the last response, let me suggest to protect yourself and your friend, execute a limited Power of Attorney ("POA"). The limited POA would give your friend access to trade, but not access to your funds. You should check with your brokerage firm, to see if they have problem.

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1 Answer | Asked in Consumer Law, Contracts and Tax Law for Illinois on
Q: How should I process. Pertaining to this case. About suing H&R Block.
T. J. Jesky
T. J. Jesky answered on Nov 16, 2020

It would depend on the cause and amount of the suit. If you plan to sue them for under $10,000 you should consider suing them yourself in small claims court. There is a good possibility that once you file the suit in small claims and serve them with notice of the suit, they may work with you to... Read more »

1 Answer | Asked in Banking, Contracts, Small Claims and Probate for Illinois on
Q: How to get letter of administration for wife whose husband died for the mortgage bank, for specific info, letter needed

The lake county clerk’s office said they are not giving those out letters out which is impossible

T. J. Jesky
T. J. Jesky answered on Nov 16, 2020

A petition, affidavit, consent of the remaining heirs and other papers need to be filed with the Probate Division of the Circuit Court. Once the Probate Judge reviews all of the papers and they are in good order, he/she will make the appointment of independent administer.

1 Answer | Asked in Contracts for Illinois on
Q: A contractor fixed my roof without my permission. Do I owe for the work that was done having not authorized him to do it

There was NO signed contract by me for him to do the work. He entered my property while I was at work and did the work without me asking. Is this not trespassing, and do I owe for the work that was done having NOT signed a contract?

T. J. Jesky
T. J. Jesky answered on Nov 16, 2020

Based on what your reported, you are under no obligation to pay this contractor. There was no written nor

verbal agreement. Yes, he was trespassing on your property. This reminds me of the people on street corners who rush to wash your car windows when you are waiting for the stop light...
Read more »

2 Answers | Asked in Business Formation, Business Law and Contracts for Illinois on
Q: I am starting a in home music lesson business and I wonder if I can hire all the teachers as independent contractors

It will be teachers from major cities in different state. I wonder if they can be independent contractors instead of employees

I set up a website with paid ads that matches teachers who are looking for students with families looking for teachers to teach their kids at home. The teachers are... Read more »

T. J. Jesky
T. J. Jesky answered on Nov 16, 2020

The question of whether someone is an employee or independent contractor comes down to "control."

Additionally, the Internal Revenue Service uses a right-to-control test to assess a business' tax liability.

For example, if these musicians had specific hours of work,...
Read more »

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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Can my ex husband and I we setup a bank account (trust fund) for our daughter who we share 50/05 custody?

My ex husband and we will be receiving a lump sum amount for a settlement. It will be split 3 ways our child is a minor and would like to setup a account where both parents would need to be present to be able withdraw funds and show proof for what it would be used for. If our child whether is a... Read more »

T. J. Jesky
T. J. Jesky answered on Oct 30, 2020

In the question itself, I think you meant to say 50/50 not 50/05.

What's the difference if it's you ex or stranger, you are setting-up a trust account for your daughter.

It seems she will be the beneficiary of the Trust. It all comes down to the Trust Agreement to protect...
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1 Answer | Asked in Business Formation and Business Law for Illinois on
Q: If I want to start an arcade rental business. Will it be considered illegal in any way. I would be purchasing the arcade

Technically i would own the arcade and would just be providing a rental service for those who are interested

T. J. Jesky
T. J. Jesky answered on Oct 30, 2020

Arcade means an establishment that has five or more coin/token or other modes of activation operated amusement devices in an area dedicated to the housing of coin-operated amusement devices. Keep in mind, no alcoholic beverages may be sold or consumed in the area separate and designated as arcade.... Read more »

1 Answer | Asked in Business Law for Illinois on
Q: Who am I to this company?

If I own a Holding Company (a single member llc), and this holding company owns a subsidiary (a single member llc). Who am I to the subsidiary? (in terms of opening accounts for the subsidiary and doing things on behalf of the subsidiary).

T. J. Jesky
T. J. Jesky answered on Oct 30, 2020

To open a bank account for just the subsidiary, you are:

The Managing Member of the Subsidiary.

Most likely, the Bank will ask you for a copy of the LLC Articles, the Operating Agreement and its EIN number.

The Subsidiary [Name] is a wholly owned subsidiary of the parent...
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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.

T. J. Jesky
T. J. Jesky answered on Oct 30, 2020

You state that you are the administrator of the Estate. So, the first question, did the Probate Court appoint you as Independent Administrator. If you were not appointed by the Court you do not have "Letters of Office," and you may not have the authority to make the transfer.... Read more »

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2 Answers | Asked in Business Formation for Illinois on
Q: Need guidance with creation of Series LLC in Illinois. Need to put 3 rental properties in this.

Can I create this online and file with the state? What do I have to do? I have Hyatt Legal Plan but that does not cover this. Any guidance will be sincerely appreciated.

T. J. Jesky
T. J. Jesky answered on Feb 24, 2020

The State of Illinois could not make it easier to form a LLC. Go to the link:

https://www.cyberdriveillinois.com/departments/business_services/organization/llc_instructions.html

At the bottom of the page on this link, hit the button that says "File." You will be asked a...
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3 Answers | Asked in Business Formation, Intellectual Property and Trademark for Illinois on
Q: I want to trademark "Trill Apparel" but "TRILL APPAREL CLOTHING COMPANY" is taken.

Our company also does clothing but we would trademark it as "Trill Apparel" and not "Trill Apparel Clothing Company". Would we be able to do this?

T. J. Jesky
T. J. Jesky answered on Feb 24, 2020

It looks like you did not conduct enough research. I went to the trademark government site at USPTO.gov and searched Trill Apparel. This trademark was abandoned in 2005. See link:

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4806:oxwr4i.7.1

This means that you have...
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1 Answer | Asked in Traffic Tickets on
Q: If I got a fail to provide proof of insurance/license ticket(s) can I have them dismissed if I bring proof?

I misplaced them in my car when I was pulled over with my expired plate by only one month

T. J. Jesky
T. J. Jesky answered on Nov 2, 2018

Generally speaking, the answer is: Yes. The exception would be jurisdiction, where you need to go to Court. I have been a Court many times, where the Judge dismissed the case, without any penalties, upon proof of license and insurance. Many States do not require that your carry your... Read more »

1 Answer | Asked in Animal / Dog Law for Illinois on
Q: Is there any way a monkey can live in Illinois? He's an support animal for my daughter
T. J. Jesky
T. J. Jesky answered on Nov 2, 2018

Since 2011 a ban has been placed in Illinois on owning chimps and monkeys. Monkey owners who purchased their pets before the law went into effect can keep their pets, but no new ones can be purchased legally.

The exception to this new law are monkeys used for therapy or helping disabled...
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1 Answer | Asked in Contracts for Illinois on
Q: A school sold a parking spot for $330 but then shut the closest door to the parking lot, forcing an extra walk of 90 sec

Hello! I have a question regarding a high school parking lot. If a high school sold access to a parking spot for the length of a school year for $330, and then months later disallowed students to use the door closest to the parking lot with the next closest door being an extra 90 second walk, would... Read more »

T. J. Jesky
T. J. Jesky answered on Nov 2, 2018

It seems to me that it took you more than 90 seconds to write this question. It is doubtful, if there is any legal recourse to avoid this extra 90 second inconvenience. If there was legal recourse, the time, cost and effort to do anything would be prohibited.

1 Answer | Asked in Personal Injury for Illinois on
Q: So my Mom said in front of other people that

she wanted me to have her house, but she died with no will -- what should be do to transfer ownership?

T. J. Jesky
T. J. Jesky answered on Nov 2, 2018

When someone who owns the entire interest in a parcel of land or real property and passes away without a will, the state’s laws of intestate succession generally determine ownership. Therefore, just because she said the property becomes your property means very little at this time.... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: Is it true that your dog can be put down after biting someone when it had no prior history of violent behavior?
T. J. Jesky
T. J. Jesky answered on Nov 2, 2018

Dog bites are treated as strict liability in Illinois, with the exception if someone provoked the dog, or is some was trespassing. Under Illinois statutes, if a dog, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place... Read more »

1 Answer | Asked in Products Liability for Illinois on
Q: Under what circumstances is a product considered to be defective?
T. J. Jesky
T. J. Jesky answered on Nov 2, 2018

There are different types of defects and different theories. However, to answer you question based on negligence theory, the focus in negligence will be based on the defendant’s conduct.

This would include defects that are based on : a) Negligence design; b) Negligence manufacture; c)...
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