You ask about the "legal implications" of an Executor who is also a surviving sibling (of the Decedent?) buying the Estate's property and asking that a real estate agent not be involved. Without going too deep into the details, this idea appears wrong on every level. In short, there... View More

You ask if your uncle, who has your grandmother's PoA, can evict you from her property, which you currently rent. The Short Answer is "Yes." That is what a Power of Attorney is for - it relieves the grantor (your grandmother) of the responsibility to manage certain tasks in favor of... View More

Yes. The Illinois Home Repair and Remodeling Act found at 815 ILCS 513/ is still the law of the land in Illinois. It requires that certain disclosures be made by a contractor before performing work on behalf of a consumer in connection with a residence. Keep in mind that the Act can only be... View More

There are a number of reasons why you may wish to change judges in a case: of right, and for cause. The meaning of these terms is outlined in the Illinois Compiled Statutes, 735 ILCS 5/2-1001.

Substitution as of Right: The most frequently used Motion for Substitution of Judge (SoJ) is that... View More

While you do a good job of describing your situation, the premise of your story - that someone "took over payments" as to your vehicle - has no legal basis. In short, you are responsible to make payments on account of all assets secured by debt. Regardless of what arrangements you make... View More

That is correct. This is one of the new regulations that was passed following the "sub-prime" mortgage crisis in 2008-2010. I hope this information was helpful. Best of luck!

Your question has several parts to it, so I will attempt to answer them in the order presented.

(1) To file Bankruptcy in the United States the Court must have jurisdiction over you (personal jurisdiction) and over your debts (subject matter jurisdiction). Another way to look at it is that... View More

The upper limit for Small Claims Court is $15,000 but there is no minimum. I hope this information was helpful. Best of luck.

The Board of your Condominium has duty to all residents/members to ensure that insurance proceeds are applied properly for repairs. Once those repairs have been completed, the Board is responsible to ensure that any applicable warranty is honored. Finally, the Board is also required to prevent the... View More

The Short Answer to your question is there is no way to compel a lender to take possession of the property securing your loan. You may ask to arrange for a deed in lieu of foreclosure, but even then the choice is up to the lender. This matter is worth consulting an Attorney in your area and... View More

There are 2 primary ways to buy an existing business:

(a) Stock Purchase

(b) Asset Purchase

These are very different ways of buying. In a Stock Purchase you step into the shoes of the existing business, including any negative history or events. In an Asset Purchase you are... View More

Your contractor may not bill you for more than his Estimate without seeking your permission in writing. Such written permission is known as a Change Order and must include an estimate of costs, a description of the work to be done, an estimate of the additional labor, material, resources, and time... View More

Yes. You may make your real estate contract assignable in Illinois.

A "Subchapter S Corporation" or "S Corporation" is simply an Illinois corporation (or professional corporation) registered under Subchapter S of the IRS Code. You will find instructions here: https://www.irs.gov/businesses/small-businesses-self-employed/s-corporations. To... View More

You wish to issue stock in (i.e. shares of) an enterprise.

While this may be accomplished via a corporate format, it is also possible via a limited liability company (LLC), limited partnership (LP) and, in some states, the limited liability partnership (LLP). Ultimately, your choice will... View More

Based on what you've written, you have a cause of action against the Contractor for taking your money and failing to pay his subcontractor. Unfortunately, this does not mean you have a defense to the Subcontractor's Mechanics Lien claim. It is easier to talk it out than address it here.... View More

If your Chapter 7 case was filed properly and all creditors identified, the furniture store should already have received a notice to cease and desist from all activities related to collection based on the Bankruptcy Code's "Automatic Stay." The store may still be able to take action... View More

You ask if you should create a new limited liability company (LLC) to own and manage an out-of-state building (commercial?) that you recently acquired.

There is no one "right" answer to this question, but I recommend you look into either the creation of a new LLC (it may have to... View More

Your question is too vague for a full answer. To begin with, you reference being sued in "District Court" - which is the name given to Federal Courts in Illinois. I suspect you mean that you are being sued in the Circuit Court for your County and your question is how to have the matter... View More

You indicate that you sold a piece of Illinois real property via a Contract for Deed and that you took possession of the property in 2008 when the contractee (buyer) failed to follow through. Now, you say that the buyer's name is on the deed to the property but that he has passed away. This is... View More