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0 Answers | Asked in Probate and Legal Malpractice for Illinois on
Q: Prolonged estate settlement and issues with father's life insurance sent to state. Lawyer not returning calls.

I am dealing with a prolonged estate settlement following my mother's passing four years ago. My father passed six years ago, and his life insurance policy was sent to the state instead of the family, according to our lawyer. Although the lawyer provided timelines, they have not been met, and... View More

4 Answers | Asked in DUI / DWI, Employment Law and Health Care Law for Illinois on
Q: How will an aggravated DUI affect my nursing job and license in IL?

I'm a nurse with six years of experience working in the emergency department at Northwestern Memorial. I recently received an aggravated DUI charge, and I'm concerned about how this might affect my job and my nursing license. The incident occurred last week, and I have not yet informed my... View More

Theodore J. Harvatin
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answered on Apr 13, 2025

I believe you have a duty to report that to the IDPFR. There are ways you can get ahead of this and the expert is Fred Nickle. I referred a number of healthcare professionals, mostly nurses, to him, and to a person they’ve been satisfied.

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1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: Can ex-spouse request custody change in closing argument in Illinois?

In Illinois, can my ex-spouse request a drastic modification in parenting time, changing from every other weekend to joint custody, solely through a closing argument brief in trial court? We have a temporary agreed parenting plan that has been in place for approximately one year and is working... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Illinois, modifying parenting time requires filing a formal motion with the court; it cannot be accomplished solely through a closing argument in a trial. The court will assess any proposed changes based on the child's best interests, considering factors such as each parent's wishes,... View More

2 Answers | Asked in Family Law, Child Support, Bankruptcy and Real Estate Law for Illinois on
Q: Inquiry regarding rights for house and child support with joint mortgage situation.

I am not married to the father of my children, and we own a house together with a joint mortgage. He recently quit his job and cashed out his 401k. We all still live in the house, and I pay for my portion of the mortgage. There is currently no legal agreement for child support, but he refuses to... View More

Cheryl Powell
Cheryl Powell
answered on Apr 12, 2025

You should hire a lawyer immediately if any of his 401k is left to have it held for child support AND if you intend to separate from him. Generally, if you are living together it is perceived that you are accepting his quitting his job and you will not get a child support order. He can not avoid... View More

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3 Answers | Asked in Bankruptcy and Business Law for Illinois on
Q: Can I remove a co-borrower from a mortgage due to their bankruptcy and late payments after a forbearance filed without my knowledge?

I am on a joint mortgage loan with a co-borrower who has filed for bankruptcy and is currently unemployed. The co-borrower filed a forbearance without my knowledge, but continued to be late on payments afterward. I would like to know if I can remove the co-borrower from the mortgage loan due to... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 12, 2025

Even if the underlying indebtedness of your co-borrower is somehow discharged, you as a co-borrower cannot compel the removal of that co-signor absent an agreement with the creditor to do so. And in my experience, it would take a substantial payment to the creditor to get that done.

Be...
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Q: How can I challenge a child neglect record with DCFS due to biased witnesses and credibility issues in Illinois?

I have been placed on the state record for child neglect by DCFS due to an incident involving my oldest child’s mother. During a custody exchange, a confrontation occurred when I lowered her phone as she tried to record my fiancé. My ex started hitting me, pulling my hair, and scratching me. I... View More

James L. Arrasmith
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answered on Apr 13, 2025

To challenge the child neglect record in Illinois, you’ll want to first gather all evidence that supports your version of events. This includes any discrepancies between witness statements, police reports, and court testimony. If you believe the officer's statement was inaccurate, try to get... View More

1 Answer | Asked in Real Estate Law, Consumer Law and Insurance Defense for Illinois on
Q: How can I legally address repeated sewage backup flooding my basement?

I own a property that is experiencing sewage backup, which floods my basement through the downstairs toilet. This issue has happened three times now, and I have filed two claims with my insurance company, resulting in them planning to drop my coverage. I had a plumber install a backflow preventer... View More

James L. Arrasmith
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answered on Apr 12, 2025

That sounds like an exhausting and costly situation, and you're right to want to take legal steps. If the city is responsible for maintaining the sewer system and their negligence is contributing to the backups, you may have grounds to file a claim against the city for property damage.... View More

1 Answer | Asked in Public Benefits and Gov & Administrative Law for Illinois on
Q: Overpayment of cash assistance and repayment process with IDHS in Illinois.

I received an overpayment for cash assistance from the Illinois Department of Human Services (IDHS), which amounted to $2,600, but I only withdrew $400 and used $85. The remaining funds are still on my Illinois Link card and have not been used. The case worker acknowledged it was their mistake and... View More

James L. Arrasmith
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answered on Apr 11, 2025

It’s good that you noticed the overpayment and want to handle it responsibly. Since you’ve only used a small portion of the funds and the rest remains untouched, you’ve already taken an important step in showing good faith. Even though the caseworker admitted it was their error, it’s still... View More

1 Answer | Asked in Employment Law and Health Care Law for Illinois on
Q: Options for unpaid administrative leave after reinstatement in HIPAA investigation.

I was placed on administrative leave from my job at Riverside Medical Center due to a potential HIPAA violation reported by a nurse accusing me of accessing an employee's medical chart while they were hospitalized. I submitted my written statement on March 31st and clarified details during a... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s understandable that you’re frustrated about being placed on unpaid administrative leave, especially given that you’ve been reinstated without any disciplinary actions. Generally, when an employee is placed on administrative leave due to an investigation and later reinstated without... View More

2 Answers | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: Will a plea deal in a gun case affect my speeding violation supervision?

I have a gun-related case that started in December last year, and I am still going to court for it. In February this year, I received court supervision for a speeding violation, which began on February 26th. In the gun case, they are trying to give me a class 4 felony with two years of gun... View More

David J. Winer
David J. Winer
answered on Apr 13, 2025

The gun case will have no effect on the speeding ticket as it happened before the ticket was received.

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3 Answers | Asked in Criminal Law for Illinois on
Q: Charged with driving on suspended license without being caught driving.

I recently gave someone a ride to a store, and they shoplifted. I dropped them off at another location. After returning to a house where I was staying, the police showed up and arrested me for driving on a suspended license. I was not aware my license was suspended until after the arrest. The... View More

Cheryl Powell
Cheryl Powell
answered on Apr 11, 2025

It is your responsibility to keep your address updated at the Secretary of State's office. A big reason people do not know about things is because their address was not updated when they moved.

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2 Answers | Asked in Bankruptcy, Business Law and Tax Law for Illinois on
Q: Can the IRS pursue personal assets for LLC tax penalty?

I have a manager-managed LLC, Hunter LLC, created for producing an indie film, and I am a member. The LLC is managed by another LLC, Skyfire Productions LLC, of which I am the only member. I usually file taxes by March 15th, but last year, I mistakenly didn't hit "submit" on the tax... View More

Timothy Denison
Timothy Denison
answered on Apr 11, 2025

No. they cannot

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2 Answers | Asked in Child Support and Family Law for Illinois on
Q: Can I pursue child support if I was never married and the father just quit his job?

I was never married to the father of my children, and we are no longer together. We have a legal agreement for a shared mortgage, and I cover the kids under my insurance. I primarily take care of our children, and the father just quit his job last week. I'm wondering if I can still pursue... View More

Cheryl Powell
Cheryl Powell
answered on Apr 10, 2025

Yes, you can. You may get a judge to order him to look for a job if he is not already doing so.

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1 Answer | Asked in Real Estate Law and Contracts for Illinois on
Q: Can a loan forbearance affect removing co-borrower from mortgage?

I am on a mortgage loan with someone else, and they took out a forbearance on the mortgage to freeze payments for a few months without my knowledge. We both signed an agreement stating we are each 50% liable for the loan. I haven't yet talked to a lawyer or the mortgage company, but I want to... View More

James L. Arrasmith
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answered on Apr 12, 2025

The unilateral forbearance action taken without your knowledge may constitute a material breach of your co-borrower agreement, potentially creating grounds for legal remedy. Mortgage contracts typically require all borrowers' consent for modifications affecting repayment terms, making this... View More

0 Answers | Asked in Constitutional Law, Gov & Administrative Law and Environmental for Illinois on
Q: What are my legal options against forced use of smart meters causing health issues in Illinois?

I am seeking advice on my options against being forced to use smart meters in my home in Naperville, Illinois. I have contacted our city utility, which is charging me to switch to a non-wireless smart meter but will not allow analog meters or the option to use another electric company. I have... View More

1 Answer | Asked in Civil Rights, Election Law, Civil Litigation, White Collar Crime and Criminal Law for Illinois on
Q: Does Elon Musk have immunities against civil action in Illinois for election-related fraud?

I am concerned about a situation involving Elon Musk and potential violations of 815 ILCS 505/2. I have evidence, including articles, media, and social media recordings, indicating he may have subverted the general election by offering cash to voters for personal gain. This act has directly harmed... View More

James L. Arrasmith
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answered on Apr 12, 2025

Elon Musk, like anyone else, is subject to the laws of Illinois, including the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/2), which addresses fraudulent actions. If you have evidence that he violated election laws or engaged in fraudulent behavior that harmed your... View More

1 Answer | Asked in Employment Law for Illinois on
Q: Can my employer withhold pay without explanation, and how do I recover unpaid wages in IL?

I started a new job in November 2023. I noticed soon after that I wasn’t being paid for all my hours, with some weeks missing as many as 11 hours of pay. Despite raising this with my area manager, the issue continued. My pay issues were attributed to dispatch approvals, but no specific reasons... View More

James L. Arrasmith
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answered on Apr 13, 2025

No, your employer cannot legally withhold pay without a valid explanation, and they are required to pay you for all hours worked, regardless of any internal issues with dispatch approvals. If you worked the hours and your employer didn’t provide valid reasons for withholding pay, this could be a... View More

Q: Is it legal for police to evict without notice due to a water leak?

I live and work at a hotel in Illinois under a verbal agreement with the owner that I work three hours a day in exchange for my room. Any extra work is supposed to be paid in cash. Recently, the police showed up and said that everyone had to leave the building due to a water leak in another room. I... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’re in a tough situation, especially with such short notice and no written agreement. In Illinois, a verbal agreement still holds some weight, and while the hotel owner may have the right to end the arrangement, there are legal procedures that need to be followed before evicting... View More

0 Answers | Asked in Probate and Civil Litigation for Illinois on
Q: Are adult children entitled to late ex-husband's accident settlement over creditors?

My ex-husband passed away a month ago with no assets or will, and he had several thousand dollars in debt. He is due to receive a $30,000 accident settlement. There have been no probate proceedings, and creditors have not yet made any claims. His adult children wish to claim the settlement. Are his... View More

1 Answer | Asked in Employment Law, Public Benefits and Civil Litigation for Illinois on
Q: Denied unemployment due to misconduct claim; what next?

I was recently fired from my job due to attendance issues, but my employer claimed it was for misconduct on my unemployment application. I filed for unemployment benefits and was denied based on their claim. However, I have documentation stating I was not fired for misconduct. I received the denial... View More

James L. Arrasmith
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answered on Apr 13, 2025

If you were denied unemployment benefits due to a misconduct claim that you believe is false, the first thing you should do is file an appeal. You typically have a limited time window to submit an appeal, so be sure to check the deadline in your denial notice. Gather all the documentation you have,... View More

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