The surviving siblings include one who is the executor. The offer to purchase the family home is being made with the condition that a real estate agent will not handle the transaction as a listing/sale, so as to increase the value of the estate to the heirs. How do the remaining siblings handle... Read more »
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...Read more »
He has told me I have 30 days to get out but she says to stay and that I'm not being evicted. He claims he as the ability because he is her Power of Attorney. He has also tried, as her medical power of attorney, to force her into a nursing home against her will but he found out that he cannot... Read 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...Read 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...Read more »
The defendant was ordered to pay monthly and has come up with every excuse imaginable and now is 130 days late. The Judge will not enforce the order that clearly states that if a payment is missed, the defendant will be placed in jail and his bond will be the balance owed to my father. How can we... Read more »
Hi. A women took over payments on my vehicle. She neglected to make the last payment. She stated to me that she lost her debit card, then she told me she would pay it when she got paid. Now, 3 weeks later, she states that I overcharged her by 3,000. The contract states that she must make 48... Read 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...Read more »
I'm currently not in USA but my business is still running. I'm facing hard time to continue and want to shutdown and declare bankruptcy. I'm not a USA citizen and I'm an investor. I was told that I need to be physically present in the States to file bankruptcy. I also need to... Read more »
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...Read more »
Condo board received payment for flood damage for 3 units. Boards payed out us only 50% and requested form us to sign 1) complicated 16 page agreement ,2)certificate of limited warranty, 3)final waver of lien.Why Board required from us to sign those papers? Insurance already made payment by sending... Read more »
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...Read 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...Read 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...Read more »
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...Read 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...Read 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....Read more »
I saw my Trustee today and none of my creditors were there, also in the letter it under Uniform Commercial Code Section 9-103 I need to know can they continue to collect the debt or do i send them a letter stating that i filed chapter 7 and stop sending me letters?
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...Read 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...Read more »
Now they say I do not have a clear deed and he is deceased what do I do. They say his name is still on my property. He had not made a payment or insurance or anything. And the contract say that I can take it back
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...Read more »
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