Lawyers, Answer Questions  & Get Points Log In
Illinois Questions & Answers
1 Answer | Asked in Estate Planning for Illinois on
Q: A family member had a new will and POA made to change my aunt’s current one & she signed it against her wishes. Illegal?

The aunt had a nephew named as POA because her only daughter had died. The widowed son-in-law wanted control for his kids (the grandkids), so he had a lawyer make a new will and POA naming his kids. When she signed this new document she was distraught over her husband’s death and going thru many... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 23, 2020

Yes, she can do a new will revoking all prior wills and she can do a new POA revoking all prior POAs. She should also notify anyone in possession of the original or copies of the revoked POAs that they have been revoked. She should have an estate planning attorney help her with this to make sure... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Can my grandmother sell a house in Puerto Rico that is willed out to me and my sister by my deceased grandfather.

Can she change his will and sell the house herself ? They only had one son, my father and he is deceased also.

Nina Whitehurst
Nina Whitehurst answered on Jan 23, 2020

If the entire interest in the house was owned by your grandfather at the time of his death, and if he left it to you and your sister in his will, then it should already be titled in your name and your sister's name. If it is not, then either it was not in fact left to you and your sister or your... Read more »

1 Answer | Asked in Traffic Tickets for Illinois on
Q: What would be cheaper for a traffic stop... To go to court or pay tickets in full?

Hi, my husband recently got pullover for making an illegal right turn. In that traffic stop he got issued 2 tickets. One for the turn and the second one for having an expired plate sticker. The officer explained something to us about court supervision and asking the County clerk for the cost of... Read more »

Theodore J. Harvatin
Theodore J. Harvatin answered on Jan 23, 2020

Update the registration sticker. Bring proof to court. That ticket will be dropped. Ask for supervision on the other one. No points against his record

1 Answer | Asked in DUI / DWI and Personal Injury for Illinois on
Q: my sister was killed by a 22 year old drunk driver over 27 beers in one court report.july 4 1983 can I sue

His name is Charles kerr from tampa and I would like to sue him-not his parents etc I just want him to see how it is not to have a life. My sister was an 18 year old homecoming queen and then she was killed.

Theodore J. Harvatin
Theodore J. Harvatin answered on Jan 22, 2020

No. The statute of limitations expired about 25 years ago.

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: What happens if original will states one thing, but decedent changes his mind but it wasn’t recorded?

My father in law passed away (in IL) over thirty days ago. In the original will it stated his home was to be sold and split among the heirs. A couple months prior to his passing he stated he wanted my husband to have the home, which my husband agreed to (it is not paid off). My husbands name was... Read more »

Bryan R. Bagdady
Bryan R. Bagdady answered on Jan 22, 2020

When you state that your husband's name was added to the deed, what exactly do you mean. As a general principle, the will governs the disposition of the decedents property as that property exists at the time of death. If your father-in-law conveyed and properly recorded the deed of conveyance into... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: Will home be considered shared asset?

Married 27 years. Moved in home almost 20 years ago. Home is currently in father in laws name. Husband and I have been paying mortgage directly to father in laws bank account. Both of us have worked and contributed to mortgage and home upkeep and remodeling. Husband is working on refinancing home... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 22, 2020

At the best, you have an uphill battle if you hope to establish that the home is a marital asset. Talk in person to an experienced divorce lawyer who can learn more facts from you. It might turn out that you have a claim to reimbursement for the marital funds that were contributed to the home that... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Real Estate Law for Illinois on
Q: I feel that I was wrongfully terminated from my job as an independently contracted leasing agent. What are my rights?

I feel that I was misclassified as an independent contractor in the first place but I know things get blurry in the realm of real estate: does this change anything? I also believe that I was terminated on grounds that were discriminatory and retaliatory but I am unfamiliar with my rights since I... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 22, 2020

You're asking the right questions. The problem is that you need to schedule an appointment with a lawyer well-versed in employment law who can develop the information necessary to answer them by speaking with you. No one can provide you useful advice on the scant information provided.

One...
Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: My n a traffic stop,I gave consent to search my car.my purse was on my person,I wasnt arrested yet,the oofficers wanted

To then search my purse,to Wich I told them no,tried to had my purse to my son,was then wrestling with the officers,then was cuffed and then they searched my purse when we got to the jail.is that leagally,or does that violates my 4th adm.right,and fall under illeagly searched/seized evidence.i then... Read more »

Juan Ooink
Juan Ooink answered on Jan 21, 2020

You need to hire an attorney to assist you with your pending charges. The sooner you hire an attorney, the better. That attorney will review your case for any possible motions.

1 Answer | Asked in Criminal Law for Illinois on
Q: yes so i was working at Target, and i stole $1k worth of promotional gift cards.

yes so i was working at Target, and i stole $1k worth of promotional gift cards. I was caught, and arrested. I was released the following day on a 10,000 I-Bond. I showed up to court a couple weeks later to find out that I was indicted. So i now have a court date this upcoming Friday. The last... Read more »

Juan Ooink
Juan Ooink answered on Jan 21, 2020

You need to hire an attorney right away. The sooner you hire an attorney, the better. The longer you wait, the worse things will be and harder for an attorney to fix.

3 Answers | Asked in Traffic Tickets and DUI / DWI for Illinois on
Q: My license are revoked in Illinois over 10 years. Can I ever get a license again? taneziabb@gmail.com or 225-470-3303
Theodore J. Harvatin
Theodore J. Harvatin answered on Jan 21, 2020

Yes. There are some excellent attorneys on this list who specialize in drivers license reinstatement in the Chicago area.

View More Answers

3 Answers | Asked in Gov & Administrative Law, Government Contracts, Traffic Tickets and DUI / DWI for Illinois on
Q: My license has been revoked for over 10 years. I was caught driving a month ago. Can I get a license again in Illinois
Theodore J. Harvatin
Theodore J. Harvatin answered on Jan 21, 2020

Unless you have 4 or more convictions for DUI yes you can. First you have to resolve the driving while revoked ticket. Then you will have to have a hearing with the Illinois Secretary of State. There’s a long process to getting ready for that and you should consider retaining an attorney.

View More Answers

1 Answer | Asked in Real Estate Law for Illinois on
Q: In Illinois, can I back out of the sale of my house? I discovered a erroneous lien and need it released.

Realtor says I still have to sell.

Kori Maria Bazanos
Kori Maria Bazanos answered on Jan 20, 2020

Generally, real estate sales contracts require the seller to deliver good and merchantable title to the buyer, which means conveying title clear of liens. It sounds like there is a lien that you would like to challenge. You should discuss the lien with the attorney representing you with the... Read more »

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Can I find out if a will was entered into Texas court by my father before his death?
James G. Ahlberg
James G. Ahlberg answered on Jan 20, 2020

In Illinois a will isn't filed until after someone dies. I'd be astounded if the law of Texas is different, but a phone call to a Texas lawyer should yield a reliable answer.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Can you get evicted for smoking in your apartment if you have Oxigan

No

James G. Ahlberg
James G. Ahlberg answered on Jan 20, 2020

If your lease forbids smoking, yes. Possibly if your lease forbids you from doing anything in the apartment that might cause the landlord's insurance to increase. You must realize the danger of smoking near an oxygen supply or you wouldn't have asked the question.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: If our child drops out of college and decides to enroll again prior to age 23 can I be held financially responsible?

Child wants to graduate high school early but I don't think they are mature enough yet. We don't have anything outlined in the parental plan for higher education however I am the primary decision maker with high school.

I'm curious if our child attends college after graduation and then... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 20, 2020

Frankly, the best answer I can give is not to fret about something so far away over which you have little or no control. This is the advice I'd give if you were a client.

1 Answer | Asked in Child Custody for Illinois on
Q: If mother of your child doesn't want you on birth certificate is their any papers I can file to get put on it

How to get legal visiting rights

James G. Ahlberg
James G. Ahlberg answered on Jan 20, 2020

Your best bet is to hire a lawyer to file a paternity action. If you're the father, the court will issue an order saying so. It can also order that your name be added to the birth certificate, decide what parenting time (formerly known as custody and visitation) each of you gets, and determine how... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: My wife wants to get a quick divorce /no kids/no assets/ but neither can't live elsewhere for 6 months

She wants to leave US with no plans of coming back with in six months, and we both have no friends to just move there, niether money to just rent another apartment.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 19, 2020

Your question seems to assume that there must be a six month separation before you can get divorced. This is not true. If both of you agree to the divorce, you do not have to be separated for even one minute.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: If parental order was not followed prior to child attending College, am I financially responsible?

Our current order states that the three of us (mother, father and child) will work unilaterally regarding College. So far I've been kept in the dark and our child won't answer any of my questions regarding college. Our currently order only states that if the three of us cannot agree regarding... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 18, 2020

Ask your ex-spouse about college. Your child wasn't a party to the legal proceeding in which the order was entered, whereas your ex was. Your child can't be held in contempt for not obeying an order in a legal proceeding to which the child was not a party. Your ex is bound by the order since he or... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: My grand mother just passed December. My mom says that she has to pay upwards of 30k for inheiring my grandmother's home

Her house should be valued at upwards of 200k. I cant find anywhere online of anyone paying 30k to inherit a home? Is this true? Is there any scenario at all where she would have to pay that much money to get a home or is she lying?

James G. Ahlberg
James G. Ahlberg answered on Jan 18, 2020

One scenario might be that your grandmother had a mortgage on the home which had a $30,000 balance remaining

due at the time of her death.

1 Answer | Asked in Criminal Law and Juvenile Law for Illinois on
Q: Can you tell me the maximum and mandatory sentence for a juvenile charged with Murder/intent to kill? In Rock Island, il

I was made aware of possible change to number of years for this charge

William Wolf
William Wolf answered on Jan 18, 2020

Your question requires more information. If you're asking this question on the juvenile's behalf, you really need to be asking this question of his or her lawyer.

I assume that this juvenile is being charged as an adult. The minimum for first degree murder is 20 years in the Illinois...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.