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Questions Answered by George W. Svoboda
1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: I’m Lilli’s stepfather, her mother lives with me. Sorry for the confusion
George W. Svoboda
George W. Svoboda
answered on Jul 20, 2020

Ahh, OK. There are two types of custody, legal custody and physical custody. I understand that the mother and father have joint legal custody in California. Physical custody is still being decided, but it seems that Lilli's mother has temporary physical custody. This is really a California law... View More

1 Answer | Asked in Car Accidents and Small Claims for New York on
Q: Which party do I sue in New York City small claims court ?

My vehicle was involved in a hit and run while parked legally. I was able to track down the vehicle that damaged my vehicle on video camera and I have a witness that seen the vehicle as well and it is stated in the police report. I filed a insurance claim with the vehicle registered owner and it... View More

George W. Svoboda
George W. Svoboda
answered on Jul 20, 2020

Car insurance is on the car, not the driver in New York. The insurance company may be saying that the car wasn't insured under them on the date of the accident. Make sure there wasn't another insurance company that covered the car at the time. You should sue the vehicle owner, the named... View More

1 Answer | Asked in Banking for Illinois on
Q: I bought a truck a month from now and now they wanna take it back cause the bank doesn’t wanna finance the truck

It’s been a month and they are barley telling me this isn’t that like not right ?

George W. Svoboda
George W. Svoboda
answered on Jul 20, 2020

This is a Spot Delivery scam. It is happening more often now. Since a month has gone by, you may be able to force the dealer to finance it themselves. In other states, they only have 10 days for the seller's right to cancel. In IL, you need to read your sales contract for the term. If you... View More

1 Answer | Asked in Elder Law for Illinois on
Q: My mom has undiagnosed dementia, refuses to see a doctor, needs a guardian. How can I start the process w/o medical?

She ran over a motorcyclist, was cited, and currently FTA 30 day notice for court. She is paying her bills twice. Lost her cell phone 4 times in 3 months. Shift in behavior. since she is unable to manage some of her bills, she calls me, and I am unable to help since no POA. I was asked by her... View More

George W. Svoboda
George W. Svoboda
answered on Jul 20, 2020

In order to have someone declared incompetent, you will need to file for guardianship. Yes, you will need a lawyer, because this process is too complicated for you to be successful without one. Also, you listed this question under Washington DC. If you do not live in IL, you will have a hard time... View More

1 Answer | Asked in Criminal Law and Tax Law for Illinois on
Q: What options do I have?

Older brother claimed me on his taxes last year. I did not agree to it. Now I won't get my first stimulus or even second a friend said. I'm 41 and not even a dependent

George W. Svoboda
George W. Svoboda
answered on Jul 20, 2020

If you filed your own taxes as a non-dependent, then you will get a stimulus check and he could be charged with tax fraud. If you claimed on your taxes that you were claimed as a dependent on his return, then you agreed to it and will not get a stimulus check. If you did not file taxes, you may not... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Do I have to send my 15 year old back to California if she doesn’t want to go? We live in IL and she wants to stay.

Her mom currently has an open case in California where she has joint custody of Lilli but he is the primary. Lilli wants to live here in Illinois with us now and her father is demanding she return even though she doesn’t want to go back. He’s told her multiple times she could live here and... View More

George W. Svoboda
George W. Svoboda
answered on Jul 20, 2020

You don't state what your relationship is to this child. Her parents have legal custody. They have a right to have her returned to them in California. Lilli is not old enough to be declared an emancipated minor in IL. If you don't comply with the parents' wishes, they could sue you... View More

1 Answer | Asked in Civil Litigation for Illinois on
Q: I took something and want to pay it back. Meeting with party to discuss repayment.

Took some money that wasn’t mine, willing to pay it back , it was a large sum and am meeting with party and their attorney to discuss terms. Can we enter into a repayment agreement without going to court?

George W. Svoboda
George W. Svoboda
answered on Jun 29, 2020

You can enter into a settlement without going to court, but you should not say anything or go to that meeting without your own attorney. It is possible you also committed a crime. You need to be prepared to protect your rights. There will also be a settlement document prepared that you will need an... View More

1 Answer | Asked in Probate for Illinois on
Q: I believe my parents will is fake .. What can i do?

Both my parents died last year. I asked my sister if she was going to file their will. She calls me and says i dont have to file a will or whatever cause I am soul aire to everything they had, but there are seven kids. She said the law says she has to give me a dollar and she will do that as soon... View More

George W. Svoboda
George W. Svoboda
answered on Jun 29, 2020

You have six months from the filing to contest the validity of a will in IL. You should consult with a probate attorney in IL.

1 Answer | Asked in Business Formation for Illinois on
Q: I have a small business building furniture since 2018, I have not registered as a business but wanted to know

If I qualify for the SBA loan and grant program

George W. Svoboda
George W. Svoboda
answered on Jun 29, 2020

Possibly. You need to prove what your payroll cost was for the last 12 months.

1 Answer | Asked in Consumer Law and Contracts for Illinois on
Q: What happens to my service warranty if the automotive repair company is out of business?

I had an engine rebuilt 5 months ago and the engine just went bad. The repair had a 1 year/10,000 mile warranty. I contacted the company, but was told they are permanently closed. Do I have any options? The company is an LLC, and is located in Illinois.

George W. Svoboda
George W. Svoboda
answered on Jun 29, 2020

You may still have a claim against the company. You will need to find out if they filed their dissolution paperwork with the IL Secretary of State. You can search the cyberdriveillinois.com website for their status. You can also check to see if there is a bankruptcy filing. If there is, you can be... View More

1 Answer | Asked in Entertainment / Sports for Illinois on
Q: My account has been suspended from the service Venmo, and they refuse to tell me why. I did not violate their terms.

I was randomly barred from using the service and after reaching out to them they said I violated their terms. They refuse to tell me what I did that violated their terms. They say they deemed my account “high risk” and will not tell me why, I barely used the service and for agreeable and... View More

George W. Svoboda
George W. Svoboda
answered on Jun 29, 2020

Unfortunately, they can choose not to do business with you and terminate the agreement. They do not need to explain why in most cases. You posted this under entertainment / sports. Did you use the account for gambling? That is against their TOS. If you have evidence your account was hacked, you can... View More

1 Answer | Asked in Small Claims for Illinois on
Q: Hi my home warranty company is making excuses to avoid covering the A. C. unit costs, repairs

The last owner that sell the house for me, he gave me the home warranty,

George W. Svoboda
George W. Svoboda
answered on Jun 29, 2020

The answer to your question depends on many facts that you haven't provided and the terms of the home warranty agreement. The warranty company may be breaching its agreement, but it is not clear. In small claims court, you can only sue for monetary damages, not specific performance. So, make... View More

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Dad died & step-mom selling marital home. His Will names only current wife for all assets but title is tenants in common

Father died & step-mom is selling their marital home. His Will only named his current wife. Upon selling their marital home of 30 years she remembered the title is joint tenancy with 50% to her and 50% to his 4 heirs (2 are her biological children with him and 2 are only his biological... View More

George W. Svoboda
George W. Svoboda
answered on Jun 29, 2020

It seems you have property rights in the home. I believe she is mistaken that your property rights will be wiped out in the probate court. You were given the property before your father died, which means that part of the property does not go through probate. I would not sign the quit claim deed if... View More

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