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3 Answers | Asked in Estate Planning for Illinois on
Q: My passed away last month. She had no will. Whap happen to her house and bank account?

How to change her house to my name? And her bank account ( She had only very small amount money)?

Bryan R. Bagdady
Bryan R. Bagdady answered on Jan 25, 2022

There is no such thing as changing the house to your name. You need to look at the deed and determine how it was titled. if in you Mom's name alone, then you will need to open an estate in order to transfer the asset. If the house was titled as joint tenants, then the property will pass, by... Read more »

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1 Answer | Asked in Personal Injury, Traffic Tickets and Small Claims for Illinois on
Q: Acciden w/ an at fault driver w/ no insurance, pleading not guilty and has a B trial w/ lawyer. Should I get lawyer 2?

There was only property damage. I only have uninsured bodily damage, not property. I was never contacted to go to court, but I went for the first appearance and was told if I didn't show up for the trial, the other drivers case would be dismissed. Shouldn't the officer be there to testify... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 25, 2022

Unless the officer witnessed the accident/collision he has no personal knowledge of how the accident occurred-----that is why you would need to testify at the trial on the traffic ticket. You can contact a lawyer in your area to discuss the pros and cons of attending the trial on the traffic... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Illinois on
Q: My husband just was told he may have a 7 year old son he didnt know about. The mother hasn't had the child for awhile.

the mother is in jail right now waiting a trial and then will go to prison for a while. I am his wife. We want to prove paternity and totally adopt him as OURS . But don't want him around his "mother" ever again seeing as she is so unfit. We have 4 kids of our own and a house and I... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 25, 2022

There are too many variables in your situation for a lawyer to give you solid advice on these issues without sitting down and talking to you and your husband. I encourage you to make an appointment with an attorney in your area who handles adoptions. Also, if DCFS has to due an investigation of you... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: I'm being told that because I no longer work there they don't have to pay me my vacation or personal time off ?

I worked there for 3 years an give 2 weeks notice of taken a new job

James G. Ahlberg
James G. Ahlberg answered on Jan 25, 2022

If your employer is located within the State of Illinois, he is required to pay you the proportion of your vacation which you've earned when you leave the job. For example, if your employer provided two weeks of vacation per year and you worked half the year before leaving, he must pay you for... Read more »

1 Answer | Asked in Criminal Law and Immigration Law for Illinois on
Q: I am on H1 work permit and have recently been fined with Civil penalty (retail theft). shall I make payment or wait judg

I am an immigrant working on H1B work permit. I have recently been fined with Civil penalty (retail theft) and charged with misdemeanor.

Question:

1. Shall I make payment or wait for the judgement?

2. What is the consequence on immigration because of this?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 24, 2022

I would retain a criminal defense attorney as that crime of moral turpitude will negatively affect your H1B visa and it will be cancelled. The defense counsel once retained could request a hearing and amend that criminal charge to a non CIMT (Crime of Moral Turpitude charge) misdemeanor. Once... Read more »

1 Answer | Asked in Insurance Defense for Illinois on
Q: Should I give my insurance a recorded statement?

My insurance is asking for a recorded statement. They already paid my claim + my car was fixed. They say they need the recorded statement to get my deductible back for me. I've already given a written statement. Should I give a recorded statement? I was always told not to do this in the past... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 22, 2022

An Illinois attorney could advise best, but your question remains open for two weeks. Insurance policies generally require cooperation from policyholders in the event of an accident. This can mean making vehicles available for inspection, making oneself available for physician examinations,... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Illinois on
Q: Uncle left house to another family member with stipulation my parents could live for set rent price for life.

My mother took care of my great uncle years ago before he passed away. He left the house she lives in, to his granddaughter with the stipulation my parents could live there for life for a set rent price. They sold the property to another company and that is not being honoured anymore. Rent has... Read more »

Charles E. Hutchinson
Charles E. Hutchinson answered on Jan 20, 2022

If your great uncle stipulated in his will or in his trust that your parents could live in the house at a set rent price, then depending on how those instructions were worded - it is possible that your mom has a case. If this was an "understanding" not in writing, the case becomes much... Read more »

2 Answers | Asked in Workers' Compensation for Illinois on
Q: I am a healthcare worker in Illinois/tested Covid+. 2 other coworkers also +. Is this a work comp claim?

I am a healthcare worker in Illinois and tested Covid +. 2 other coworkers also tested positive (one had a Covid + child at home). I had no previous close contacts. I was off work 5 days (Friday-Tuesday ). My boss says I have to use PTO for the Friday, Monday, Tuesday I was off. Could this be... Read more »

Richard K. Johnson
Richard K. Johnson answered on Jan 18, 2022

Yes, you may very well have a Workers' Compensation claim. Unfortunately, there is no weekly payment for temporary total disability for the first three working days until you are disabled 14 calendar days. If you have lingering symptoms or "covid long haul" then you may have a... Read more »

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1 Answer | Asked in Estate Planning, Family Law and Probate for Illinois on
Q: What can the disabled ward do? When the ward and guardian disagree? What options does the ward have
Stephanie Sexauer
Stephanie Sexauer answered on Jan 17, 2022

A Ward has the opportunity to seek to restore himself or herself at any time. This request can be made to the Judge directly or to the Guardian ad Litem (if one was appointed). Though it's not required, it would aide the Judge in making a determination that your circumstances have changed so... Read more »

3 Answers | Asked in Workers' Compensation and Health Care Law for Illinois on
Q: Question about a family member who is hospitalized

My brother is hospitalized after having a stroke, he not able to communicate well but for hospital aid and benefits we need to access thinks like bank statements and pay stubs. They haven’t been given to us at the bank or his job. Is there some legal paper we can get to be able to access that on... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 17, 2022

If he hasn't appointed anyone to hold his power of attorney for health care, you'll need to make an appointment with a lawyer to file papers in court to create a guardianship for a disabled adult. From what you describe, this should be done as quickly as possible.

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1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: do police officers have the right to say they smell marijuana and then search your car? in Illinois

i got wrongly pulled over for a stop sign that led to my car being searched and me being in handcuffs because it smelled like marijuana i am trying to find out if what the cop did to me is wrong or not

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 14, 2022

Yes.

One of the legitimate investigative tools for the police is personal observation and senses. Thus, if a police officer detects a smell of controlled substances that provides a reasonable probable cause to continue to investigate possible contraband in the vehicle.

Secondly, if...
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1 Answer | Asked in Probate for Illinois on
Q: Hello, My wife's mother passed away a week ago. My wife has been estranged from her family for several years.

We are unsure if there is a will. How do we find out if there is one? My wife's sister is currently living in the house my mother in-law owned. There is life insurance policies, bank accounts and other assets. If there is no will and we are not on speaking terms with her sister, how do we go... Read more »

Stephanie Sexauer
Stephanie Sexauer answered on Jan 14, 2022

John, I'm sorry to hear what you're all going through.

In Illinois, wills are required to be signed and witnessed by two people. If there is a will, all wills need to be filed in the county in which the Decedent resided within 30 days of death. If there is a valid will, and it...
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2 Answers | Asked in Car Accidents, Domestic Violence and Small Claims for Illinois on
Q: My ex has my car that i paid for. He has the car because both names are on the car. He totaled it and wants the title.

There is a restraining order so this is why it’s difficult. What do i do about the car situation and the title? I believe he’s getting money from the insurance company.

Chase Van Oostendorp
Chase Van Oostendorp answered on Jan 13, 2022

Is your ex your ex husband? If so, does the Divorce Decree state who retains possession of the vehicle? Is the restraining order against you or your ex?

These factors will have an impact on what your relief may be in this situation.

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1 Answer | Asked in Car Accidents and Tax Law for Illinois on
Q: I got hit from a semi truck from behind . I called the police and he give me the ticket . Developed dvt,head injury back
Charles Candiano
Charles Candiano answered on Jan 13, 2022

The only way that YOU could be ticketed on a rear-end accident is if your disabled car was in the roadway. If this is not the case, you should NOT have received a ticket AND you should be able to recover. Please contact my office and I am happy to answer any questions you may have without any... Read more »

1 Answer | Asked in Probate for Illinois on
Q: Mom passed away,had no will. Brother is on the house deed with her, can he keep the house, how can he transfer car title

She put him on the deed last year, can he transfer the car into his name? There are 3 siblings but we have all decided everything is his we do not want anything. The small estate affidavit states there can be no property. He can not even get the mlney out of her bank account to settle some of her... Read more »

Stephanie Sexauer
Stephanie Sexauer answered on Jan 12, 2022

I'm so sorry to hear about your mom; I hope you're all hanging in there.

If the property was owned as joint tenants with right of survivorship, your brother is now the sole owner. A small estate affidavit can then be used to transfer other property, so long as it's cumulative...
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1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: My great grandmother had land in Puerto Rico and passed in the 1970s. Do we still have claim on the land?

My great grandmother had land in Puerto Rico and passed in the 1970s. She left deed to my grandma and her sister, her only children. Both passed within last ten years and we uncovered the deed to the land. What rightful claim is there to the land? We visited it and saw it was empty.

James G. Ahlberg
James G. Ahlberg answered on Jan 11, 2022

This is a great question, but it should be asked of a lawyer licensed to practice in Puerto Rico. I strongly encourage you to do so.

1 Answer | Asked in Criminal Law for Illinois on
Q: If I'm on my own property,sensory training my dog with a horn, am I in violation of Hunter Interference act Illinois?

Hunters are hunting in the field across from my home. They are set up 100 yards away from my property line, which is in regulation. I sensory train my dog in my yard, on my property with a loud horn, which might disrupt the hunters. Am I in violation of hunter interference act of Illinois?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 11, 2022

Yes, since your horn emits the loud sound that does interfere with legitimate hunting sound protocol even on your own property.

1 Answer | Asked in Family Law for Illinois on
Q: If you never married but we're with someone for 25 yrs and 3 children together are you entitled to there pension?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 8, 2022

No. The sharing of retirement benefits applies only to people who are married.

1 Answer | Asked in Elder Law for Illinois on
Q: Can I buy my 91 yr old Mom's home and then rent it to her without impacting her possible future Medicaid eligibility?
Stephanie Sexauer
Stephanie Sexauer answered on Jan 7, 2022

I see you're located in Wisconsin, but posted this for an Illinois attorney, so I'll respond regarding Illinois law.

There is a 5 year Medicaid look back period. If your mom sells you her home for less than fair market value and she does require a nursing home stay during that...
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2 Answers | Asked in Bankruptcy and Consumer Law for Illinois on
Q: Law suit loan company took loan money after I filed bankruptcy.

I took a loan against my workers comp case in 2018. I filed chapter 7 bankruptcy in December 2020, bankruptcy was discharged April 2021 with the loan company on the bankruptcy and they did not contest the discharge. WC attorney office paid the loan company in December 2021 when my case settled not... Read more »

Robert J. Walinski
Robert J. Walinski answered on Jan 7, 2022

In all probability the lender had a perfected security interest in the settlement. While any personal liability on your part was discharged, the lien would survive the discharge unless you successfully moved to avoid it. The basis for such avoidance would normally be that the lien somehow... Read more »

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