Illinois Questions & Answers

Q: Is there a way to get a family member out of my mothers home? I do not live there and the family member is over 21

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Illinois on
Answered on Dec 11, 2017

Does your mother want the person to leave? As a practical matter, if your mother owns the property it's up to her who lives there, not you, and you cannot do anything about it unless (1)your mother is elderly and this person is abusing her or taking financial advantage of her, or (2)your mother is not of sound mind and a guardian is appointed to manage her affairs and get this person out. If your mother is of sound mind and wants the person out she needs to begin an eviction process (formally...
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Q: Can my roommate tell me i have to be gon in 4 days without a legal eviction even if im not on the lease?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Answered on Dec 11, 2017

No. He must still follow the legal steps to get you evicted. As a practical matter, I advise clients in this situation to start looking for another place immediately and to get out as soon as possible.
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Q: i have custody & the father has every other wkd 6pm fri until 6 pm sun. He hasn't got his kids in 7 mths can i deny him

1 Answer | Asked in Child Custody for Illinois on
Answered on Dec 11, 2017

No, not without a court order limiting or ending his right of visitation.
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Q: Got a speeding ticket on 12/11/2017, the court date is written 1/2/2017 (instead of 1/2/2018). Can I dismiss the ticket?

1 Answer | Asked in Traffic Tickets for Illinois on
Answered on Dec 11, 2017

You show up and the judge will say, you knew to be here where is the harm? You skip it, they enter a conviction and maybe an arrest warrant and then you have to go to court anyway. It’s clear what your court date is.
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Q: Ran my tags and pulled me over for suspended license. But how did they know it was me driving? Is this legal?

1 Answer | Asked in Traffic Tickets for Illinois on
Answered on Dec 11, 2017

They radio in the plates. Dispatcher radios back a description of the driver. If the driver is a middle aged white male they would not have cause. But if the description reasonably matches her it’s probably a good stop.
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Q: Do I need to sign a form if I'm now NOT taking time from work for a previously scheduled procedure that I cancelled?

1 Answer | Asked in Employment Law and Education Law for Illinois on
Answered on Dec 11, 2017

Employers these days do everything they can to protect themselves. They are highly likely telling you the truth, that having you sign the document is simply intended to prevent you from claiming they wouldn't give you the time off later on. From the employer's viewpoint, it makes perfect sense. From your viewpoint it ought to be "No harm, no foul;" in other words, it costs you nothing to make your employer happy, it doesn't jeopardize your rights in any way, and signing it will likely cause...
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Q: Does alimony have to end in the state of IL if one of us gets remarried?

1 Answer | Asked in Divorce for Illinois on
Answered on Dec 11, 2017

Maintenance terminates by law upon the remarriage of the party receiving the maintenance unless the parties agree in their Judgment that maintenance will continue even if that party remarries. This is a situation where the parties have the right to agree to deviate from the way the law is typically applied.
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Q: What are the procedures for filing to serve by publication (pro se) if I cannot locate my spouse for divorce?

1 Answer | Asked in Divorce for Illinois on
Answered on Dec 11, 2017

Simply check with the Clerk of the Court in your county, and they will tell you in what newspapers you should publish, and follow the procedures they recommend
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Q: I received a ticket and enrollment into online TSS. I paid the ticket but didn't do the TSS. What happens?

2 Answers | Asked in Traffic Tickets for Illinois on
Answered on Dec 11, 2017

Most likely your problem will come when you try to renew your license and they won’t let you.
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Q: During the last meeting with my lawyer, I smelled alcohol on his breath.

1 Answer | Asked in Legal Malpractice for Illinois on
Answered on Dec 10, 2017

If you trust your lawyer, consider staying with him. On the other hand, if this has shaken your confidence in the lawyer, consider switching lawyers. If you believe he was intoxicated you may wish to consider contacting the Lawyers Assistance Program at (312) 726-6607. They are trained to assist lawyers who suffer from alcohol or drug problems. I believe it's possible to do this in such a way that they lawyer will not learn who contacted them.
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Q: Does the employer get penalized etc. for not reporting accidents. Thanks

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Dec 10, 2017

I'm not sure what you mean when you say the injuries "were never turned in to work comp."

Do you mean a workers' compensation claim was never filed with the Illinois Workers' Compensation Commission? Doing that is the responsibility of the injured employee.

Do you mean the employer never notified its workers' compensation insurance company? If they had insurance and didn't do this they may have trouble with their insurance company. If they didn't have workers' compensation...
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Q: My brother in law drowned while out of state 5yrs ago, his body was never found. How do I have him declared deceased?

1 Answer | Asked in Estate Planning, Family Law and Probate for Illinois on
Answered on Dec 10, 2017

It depends on whether he had a will or not. If he had a will, the situation is governed by Section 6-20 of the Probate Act. If he did not have a will, it is governed by Section 9-6. Go to a lawyer experienced in handling estates about this. The process is somewhat involved and must be done precisely. And now I have a question: Why are you doing this instead of your brother-in-law's blood relative?
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Q: If my name is not on the house mortgage would I still have to sign a document waiving my right to the “homestead”?

1 Answer | Asked in Real Estate Law for Illinois on
Answered on Dec 10, 2017

Normally a lender would require you to waive your homestead rights so your husband could refinance. There may be peculiarities in your situation that would change this answer, but I'd be surprised. You need to bring this to the attention of the lawyer handling your divorce as quickly as possible. As far as what law it falls under, your lawyer needs to look at 735 ILCS 5/12 -901 et seq.
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Q: Am I responsible for replacement of limited property in a condo association

1 Answer | Asked in Civil Litigation and Real Estate Law for Illinois on
Answered on Dec 10, 2017

Review the condo association's by-laws. They should address circumstances like this. If you can't determine the answer after doing that, take the by-laws to an attorney in your area who practices in the field of real estate and get his or her analysis.
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Q: I twisted my ankle at work retrieving a box of lesson materials from the classroom supply closet.

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Answered on Dec 10, 2017

If there was nothing about the circumstance of your injury causing risk of injury to have been increased by the employment, they may be right. However, increased risk of injury is a tricky thing -- water or a loose floor tile such as you mention are only a couple of them. Were you stretching to get the supplies off a high shelf or bending in an awkward position to get them from a low shelf cause your ankle to twist when you returned to a normal standing position? Was the supply closet so small...
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Q: In Il, can a wc settlement be leined for a foreclosure when seperated from spouse & not on the mortgage?

1 Answer | Asked in Foreclosure, Real Estate Law and Workers' Compensation for Illinois on
Answered on Dec 10, 2017

No. Illinois law forbids liens on workers' compensation awards other than claims of the Illinois Department of Healthcare and Family Services for reimbursement of its expense in paying medical bills related to the injury and attorney fees for the attorney who handled the injured party's case. If a group health provider paid some bills, they may have a contractual right to recover what they paid. And that's it.
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Q: What are the penalties for a 16 yr old in Illinois that committed a class 3 felony (theft less than $300 from a person)

1 Answer | Asked in Criminal Law for Illinois on
Answered on Dec 10, 2017

2 to 5 years in the juvenile dept of corrections. Is the max. Probation is more likely.
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Q: Can a Woman just put you on child support without Your Knowledge if your Not even the dad

1 Answer | Asked in Child Support for Illinois on
Answered on Dec 10, 2017

No. Unless ur name is on birth cetificate, you signed a voluntary acknowledgement of paternity, or u were defaulted in a court proceeding or did not show up for a paternity test.
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Q: Divorce in IL. I took out a student loan in my name only for our daughter’s college expenses. Will the debt be divided?

2 Answers | Asked in Divorce for Illinois on
Answered on Dec 10, 2017
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Q: How do I go about filing an emergency temporary custody. I have started the case in 2016.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Answered on Dec 10, 2017

You need a lawyer to determine whether or not it is an illinois case or a wi case. Get one asap!
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