Illinois Questions & Answers by Practice Area
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Illinois Questions & Answers
Q: I am separated and my husband is telling me I can not have my kids back. Can he legally keep them from me
James G. Ahlberg's answer
Unless a court order says otherwise, parents of children have exactly the same rights. In other words his right to parenting time (formerly called custody) is the same as yours. I encourage you to find a lawyer and secure a court order determining when each of you has parenting time.
Unless a court order says otherwise, parents of children have exactly the same rights. In other words his right to parenting time (formerly called custody) is the same as yours. I encourage you to find a lawyer and secure a court order determining when each of you has parenting time.
Q: I slipped going into a clients home, did not fall down, but put my arm up to try and keep from falling, all of my weight
James G. Ahlberg's answer
A workers' compensation insurer is allowed a limited time to review a case and determine whether to accept liability. If the facts are as clear as you say they are Iencourage you to contact a workers' compensation attorney ASAP.
A workers' compensation insurer is allowed a limited time to review a case and determine whether to accept liability. If the facts are as clear as you say they are Iencourage you to contact a workers' compensation attorney ASAP.
Q: My brother filed A probate to become the independent executor can I object .
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Probate
for
Illinois
on
Answered on Oct 22, 2018
Answered on Oct 22, 2018
James G. Ahlberg's answer
You can show up on your own, though your odds of success should increase if you have an attorney. If your brother has an attorney, you should definitely have one. If you hire an attorney, bring him or her a copy of the will to review when you meet.
You can show up on your own, though your odds of success should increase if you have an attorney. If your brother has an attorney, you should definitely have one. If you hire an attorney, bring him or her a copy of the will to review when you meet.
Q: Boyfriend moving in, can that change child support obligation.
1 Answer
| Asked
in
Child Custody, Child Support, Divorce and Family Law
for
Illinois
on
Answered on Oct 22, 2018
Answered on Oct 22, 2018
J. Richard Kulerski Esq.'s answer
The income of one's new spouse or live-in significant other cannot be used when determining child support obligations.
The income of one's new spouse or live-in significant other cannot be used when determining child support obligations.
Q: Can I drop a case towards somebody for domestic without the state picking it up??? So they can be released
William Wolf's answer
The best short answer is that individual citizens don't charge people, prosecutors do.
Similarly, the prosecutor gets to decide whether to proceed with the prosecution or drop it.
The best short answer is that individual citizens don't charge people, prosecutors do.
Similarly, the prosecutor gets to decide whether to proceed with the prosecution or drop it.
Q: Could I sue someone for using a logo that's part of my religion
1 Answer
| Asked
in
Copyright, Civil Rights and Native American Law
for
Illinois
on
Answered on Oct 21, 2018
Answered on Oct 21, 2018
Gary Kollin's answer
You can sue for anything. Whether it will be a viable suit or have any legal merit is another thing.
Sounds like you want to sue the Washington Redskins. Read (google) all the articles. Do you think there is a reason no one else is suing?
You can sue for anything. Whether it will be a viable suit or have any legal merit is another thing.
Sounds like you want to sue the Washington Redskins. Read (google) all the articles. Do you think there is a reason no one else is suing?
Q: i have a court date in 2 days in a county far from me, they say i got a drug pariphinalia ticket...
William Wolf's answer
Without seeing the paperwork you have (or computer entries), it's impossible to say if this is something old which caught up with you or if it's a case where someone used your name and information.
I have seen both happen. You should call a lawyer.
Without seeing the paperwork you have (or computer entries), it's impossible to say if this is something old which caught up with you or if it's a case where someone used your name and information.
I have seen both happen. You should call a lawyer.
Q: Is there a monetary amount under which my heirs won't have to pay estate taxes?
Stephanie Sexauer's answer
Heirs don't pay estate taxes; the estate itself might pay estate tax, if the estate exceeds $11,180,000.00 in 2018. The estate may also be subject to income tax if the Decedent earned income that year (the same way a person pays their own income tax each year), or other taxes. Please note, you should consult with an estate planning attorney to clarify this question, as it was vague. This is not legal advice and we have not established an attorney/client relationship.
Heirs don't pay estate taxes; the estate itself might pay estate tax, if the estate exceeds $11,180,000.00 in 2018. The estate may also be subject to income tax if the Decedent earned income that year (the same way a person pays their own income tax each year), or other taxes. Please note, you should consult with an estate planning attorney to clarify this question, as it was vague. This is not legal advice and we have not established an attorney/client relationship.
Q: I am looking to find out, as my sister's POA, on how to handle a settlement from a class action suit.
Stephanie Sexauer's answer
I'm sorry to hear about this situation. An easy solution might be to spend the money in the months its received an a Medicaid-eligible purchase, such as a prepaid funeral/burial. In this case, as in all cases, you should connect directly with an elder law attorney and discuss the specifics further. Please note, this is not legal advice and we have not established an attorney/client relationship.
I'm sorry to hear about this situation. An easy solution might be to spend the money in the months its received an a Medicaid-eligible purchase, such as a prepaid funeral/burial. In this case, as in all cases, you should connect directly with an elder law attorney and discuss the specifics further. Please note, this is not legal advice and we have not established an attorney/client relationship.
Q: Should a 10% shareholder of an established LLC have access to an independent contractors personal information?
1 Answer
| Asked
in
Mergers & Acquisitions and Employment Law
for
Illinois
on
Answered on Oct 20, 2018
Answered on Oct 20, 2018
T. J. Jesky's answer
This is a good question. If the 10% shareholder is involved in the day-to-day business operations of the LLC, I can see where they might have access to this information.
If the shareholder is a passive investor, the managing member of the LLC may have passed the line in sharing this information with the 10% shareholder.
This is a good question. If the 10% shareholder is involved in the day-to-day business operations of the LLC, I can see where they might have access to this information.
If the shareholder is a passive investor, the managing member of the LLC may have passed the line in sharing this information with the 10% shareholder.
Q: Can you lose your drivers license in IL if you cause a certain number of accidents?
T. J. Jesky's answer
It is going to depend on the reason for the accident and if the judge views you license should be suspended.
For example, in Illinois, failure to yield right-of-way is 20 points against you, negligent driving is 10 points. Generally, motorists who commit three or more offenses within 12 months, increase the number of demerit points on their record, will lose their privilege to drive.
It is going to depend on the reason for the accident and if the judge views you license should be suspended.
For example, in Illinois, failure to yield right-of-way is 20 points against you, negligent driving is 10 points. Generally, motorists who commit three or more offenses within 12 months, increase the number of demerit points on their record, will lose their privilege to drive.
Q: My parents lived in Chicago and owned a home in Puerto Rico. They both passed away within the last year and half.
T. J. Jesky's answer
First, find out how the property is titled in Puerto Rico. Is it in the name of your parents? Perhaps it is a life estate where it is reverted to you and your brother (I doubt this would be the case, but who knows?). If you have the property identification number, you might be able to find this information on-line. Or do you have a copy of the Deed?
Once you find out how the property is titled, if I were you and your brother, I would hire a local Estate Attorney. Tell them you need...
First, find out how the property is titled in Puerto Rico. Is it in the name of your parents? Perhaps it is a life estate where it is reverted to you and your brother (I doubt this would be the case, but who knows?). If you have the property identification number, you might be able to find this information on-line. Or do you have a copy of the Deed?
Once you find out how the property is titled, if I were you and your brother, I would hire a local Estate Attorney. Tell them you need...
Q: We signed a contract for deed in IL and cannot afford to stay. Can we vacate the premises and return property to seller
T. J. Jesky's answer
There are too many missing parts to your question. If you signed a contract to lease the premises and with option to purchase at the end of the lease, then you would be liable for the term of the lease. That being said, the landlord would need to make a reasonable effort to the lease the premises, mitigate his damages, and if he did the lease the premises you would be off the hook.
If you signed a purchase agreement to purchase the property, and you wanted to walk away and return the...
There are too many missing parts to your question. If you signed a contract to lease the premises and with option to purchase at the end of the lease, then you would be liable for the term of the lease. That being said, the landlord would need to make a reasonable effort to the lease the premises, mitigate his damages, and if he did the lease the premises you would be off the hook.
If you signed a purchase agreement to purchase the property, and you wanted to walk away and return the...
Q: Does the federal government always get jurisdiction if you commit a crime across state lines or are there instances when
Gary Kollin's answer
Actually, the dual sovereign principal which is before the Supreme Court this year for review allows the federal government to both prosecute and sentence. Under your scenario all three, both states and the federal government, could prosecute and separately sentence.
Often the feds chose not to prosecute and instead the state solely prosecutes
Actually, the dual sovereign principal which is before the Supreme Court this year for review allows the federal government to both prosecute and sentence. Under your scenario all three, both states and the federal government, could prosecute and separately sentence.
Often the feds chose not to prosecute and instead the state solely prosecutes
Q: If a person embezzled from us, are we entitled to the entire sum back?
William Wolf's answer
This is something you need to bring up with the prosecutor who is prosecuting this person for the embezzlement.
Courts have the authority to order restitution, ordering a defendant who is convicted to compensate the person or persons he or she stole from.
I hope this helps.
This is something you need to bring up with the prosecutor who is prosecuting this person for the embezzlement.
Courts have the authority to order restitution, ordering a defendant who is convicted to compensate the person or persons he or she stole from.
I hope this helps.
Q: Is it possible to disprove breathalyzer results?
Theodore J. Harvatin's answer
Yes but it is much harder than attacking blood test results provided it was properly administered.
Yes but it is much harder than attacking blood test results provided it was properly administered.
Q: Who will be deemed responsible in the accident?
Charles Candiano's answer
On your facts, you had a stop sign. The other driver had the Right of Way. You were obligated to Yield the Right of Way. The moment you decided to enter the intersection, you were primarily responsible for the accident.
On your facts, you had a stop sign. The other driver had the Right of Way. You were obligated to Yield the Right of Way. The moment you decided to enter the intersection, you were primarily responsible for the accident.
Q: I have received a notice of intent to pursue collection remmedies from the custodial parent. What are my next steps?
Ray Choudhry's answer
Modification is for future changes.
If you are in violation, you will have to address that as a separate issue.
If there really is a need for modification the other side may be willing to work out a deal.
Modification is for future changes.
If you are in violation, you will have to address that as a separate issue.
If there really is a need for modification the other side may be willing to work out a deal.
Q: when providing the complaint what would else need to be filed and can emails be including in the complaint for evidenc
Ethan White's answer
It is not clear what kind of complaint you are trying to file - in court, with an agency (IDHR, EEOC)? Regardless of where you are filing, if there are documents or emails that support your claims, you should reference those in your complaint and attach them if possible. Good luck.
It is not clear what kind of complaint you are trying to file - in court, with an agency (IDHR, EEOC)? Regardless of where you are filing, if there are documents or emails that support your claims, you should reference those in your complaint and attach them if possible. Good luck.
Q: I just married my husband. I want to bring him to USA. Am a green card holder. But my husband as went for an interview
Iskra Panteva's answer
It depends on the visa he is applying for. He shouldn’t have problems applying for immigrant visa. However, if he is applying for tourist visa, there might be a problem as to whether he intents to come here temporarily. Consult with immigration attorney on your particular situation.
It depends on the visa he is applying for. He shouldn’t have problems applying for immigrant visa. However, if he is applying for tourist visa, there might be a problem as to whether he intents to come here temporarily. Consult with immigration attorney on your particular situation.
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