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Illinois Questions & Answers
1 Answer | Asked in Juvenile Law for Illinois on
Q: will me being blackmailed wave my crime?

I "stole" my friends car, he doesn't care but his mom does. She is making me pay her 300 bucks or she is telling the police for sure, if i pay her she may still tell. Obviously im in the wrong but now that she's blackmailing me will the crime be waved especially because my friend doesn't care?

Cheryl Powell
Cheryl Powell
answered on Mar 19, 2025

Don't pay blackmail, there is no end to that. If she turns you in, so be it. The timing of the police report will be taken into consideration. If it's your friends car and he gave you permission, what is the problem?

1 Answer | Asked in Criminal Law for Illinois on
Q: Could I face legal trouble if a felon hasn't changed their address but doesn’t live with me and I legally own a gun?

I legally own a gun and live alone without allowing anyone, including a felon who hasn't changed their address, into my home. The gun is securely stored in a closet. Could I face any legal trouble due to the felon's unchanged address?

Cheryl Powell
Cheryl Powell
answered on Mar 19, 2025

No. The address is his responsibility, not yours. He would only have to report his address if he is on pre trial release, probation, parole or a sex offender. But if he listed your address, you may choose to let them know he does not live there anymore as his address is subject to being searched... View More

1 Answer | Asked in Estate Planning, Business Formation and Business Law for Illinois on
Q: Conflict between Italian citizen's will and Illinois partnership agreement.

I have a question regarding a conflict between testamentary dispositions and partnership rules. An Italian citizen, who was a resident and deceased in Italy, left a will with provisions contradicting a partnership agreement made years ago in the USA (specifically Illinois). The partnership... View More

Anthony M. Avery
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answered on Mar 17, 2025

You are going to need an IL attorney in addition to the Italian probate attorney. But whatever the decedent actually owned in the partnership will then go through his Estate, regardless what the will claims it is. Decedent does not get to change his partnership contract through a testamentary... View More

2 Answers | Asked in Wrongful Death and Legal Malpractice for Illinois on
Q: Negotiating wrongful death settlement in Illinois led to pressured agreement; attorney left shortly after. What are my options?

I've been negotiating a wrongful death settlement in Illinois. Initially, the opposing party offered $40,000, below our range of $250,000 to $850,000. After years of negotiation, my attorney urgently emailed me to settle for $250,000, stating it was a limited-time offer. I felt pressured and... View More

Charles Candiano
Charles Candiano
answered on Mar 17, 2025

If you haven't signed any documents, your case is NOT settled. NO Insurance company is going to order a check until they have your executed release. If you did not file a lawsuit, the statute of limitations is NOT tolled.

Before an attorney conveys an offer on the case, the...
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2 Answers | Asked in Wrongful Death and Legal Malpractice for Illinois on
Q: Negotiating wrongful death settlement in Illinois led to pressured agreement; attorney left shortly after. What are my options?

I've been negotiating a wrongful death settlement in Illinois. Initially, the opposing party offered $40,000, below our range of $250,000 to $850,000. After years of negotiation, my attorney urgently emailed me to settle for $250,000, stating it was a limited-time offer. I felt pressured and... View More

Scott Martin Hendler
Scott Martin Hendler
answered on Mar 17, 2025

If you haven’t signed any documents, you can definitely seek a second opinion to evaluate the facts and the propriety of the proposed settlement. You should contact the owner or Managing Partner of the law firm that represented you to find out the status of your case, why your lawyer left, and... View More

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2 Answers | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: Consequences of improper left yield ticket with collision in Illinois?

I received a traffic ticket for improper left yield near my driveway, which resulted in a collision with another car in Illinois. The ticket doesn't mention the cost, and there were no injuries reported. I have no previous traffic violations and have been instructed to appear in court. What... View More

Theodore J. Harvatin
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answered on Mar 17, 2025

Most likely, if you had insurance covering the accident, the other driver will not show up and the ticket will be dismissed. If the other driver shows that show up you can request court supervision. The consequences will be a small fine. The amount depends on factors that vary by courthouse.

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2 Answers | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: Consequences of improper left yield ticket with collision in Illinois?

I received a traffic ticket for improper left yield near my driveway, which resulted in a collision with another car in Illinois. The ticket doesn't mention the cost, and there were no injuries reported. I have no previous traffic violations and have been instructed to appear in court. What... View More

Charles Candiano
Charles Candiano
answered on Mar 17, 2025

The responding officer cited you for failure to yield the right-of-way and you did fail to yield or there would not have been an accident. I'm sure there was damage to both vehicles and by morning the other driver and/or passengers will experience some symptoms and may go to the ER. All of... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: How can my wife take over the home mortgage if I die unexpectedly?

I would like to ensure that my wife can take over our home mortgage if I die unexpectedly. She is not currently a co-signor or co-owner of the property, and we do not have an estate plan in place yet. I have a life insurance policy that could help cover the mortgage. What steps should I take?

Nina Whitehurst
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answered on Mar 16, 2025

Under federal law, when a home loan borrower dies and the house is inherited by a family member, such as a spouse, the lender may not call a loan due or force the family member to assume the loan. All your wife will need to do is notify the lender that you have passed and that she has inherited... View More

2 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for Illinois on
Q: Can I sue after signing a law and injury form with State Farm and my car was totaled?

I was in a car accident and signed a law and injury form with State Farm. A couple of days later, State Farm totaled out my car. Given this situation, am I still able to sue?

Charles Candiano
Charles Candiano
answered on Mar 10, 2025

There is no such thing as a "Law and Injury Form," so it is difficult to answer. Your property damage claim is handled entirely separately from your personal injury claim. Before any insurance company will release any money to you for property damage or personal injury, you must... View More

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1 Answer | Asked in Divorce and Legal Malpractice for Illinois on
Q: Can a lawyer prolong a divorce despite client's wishes?

I'm recently divorced, and my ex-husband dragged the divorce out for 2 years. He claims his lawyer refused to draft the Marital Settlement Agreement (MSA) according to his instructions to let me have all the marital assets. Allegedly, the lawyer insisted that my ex should receive something... View More

Brian W. Reidy
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Brian W. Reidy
answered on Mar 7, 2025

It’s difficult to say whether a lawyer prolonged the case without knowing the specifics. Attorney-client communication is protected by privilege, so without direct insight, we’d only be speculating about what was said or why certain decisions were made.

If your spouse is being...
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1 Answer | Asked in Divorce and Tax Law for Illinois on
Q: Can I proceed with divorce court date without filing taxes?

My spouse and I have not filed our taxes for the previous two years, but we have agreed to split whatever we owe to the IRS. My first divorce court date is next month in DuPage County, Illinois. Can I proceed with the court date even if the tax filings are still pending?

Brian W. Reidy
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Brian W. Reidy
answered on Mar 7, 2025

You "can" proceed with your divorce without filing your taxes, but that doesn’t mean you "should". If your first court date is next month, you don’t have to finalize everything right away. It’s best practice to know exactly what is being divided before finalizing your... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Illinois on
Q: Can I remove a 2008 firearm possession conviction to obtain a FOID card in Illinois?

I was convicted of unlawful possession of a firearm in Illinois in 2008 and sentenced to two years probation, which I completed without any incidents. I have not had any legal issues since then. However, I've been unable to obtain a FOID card because the conviction is a felony. Can I have this... View More

Cheryl Powell
Cheryl Powell
answered on Mar 4, 2025

I am not aware of any law that gives you the right to do so currently. Apparently, you were a felon on another conviction before that one. In the State of Illinois, one cannot possess a FOID card as a felon. There is a challenge to the FOID Law, however, in White County, Illinois. So check back... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Is forced eviction without notice legal in Illinois?

I have been living in a rental property in Kane County, Illinois, for almost three years, and I am current on my rent payments. Recently, my landlord forced me out of the property and moved my belongings to storage without providing any written communication or an eviction notice. Is it legal for... View More

James G. Ahlberg
James G. Ahlberg
answered on Mar 4, 2025

Eviction without notice is not legal in Illinois, although the type of notice may vary ion such a way that you were not aware of it. If you had abandoned the property, for example, notice can be provided by posting a notice on the property and be effective regardless of whether you have seen it.... View More

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Personal Injury for Illinois on
Q: Can I win a case against my neighbor for their Doberman attacking and killing my dog?

My neighbor's Doberman came into my yard and bit my 10 lb Pomeranian on the neck, resulting in my dog's death. My dog was on a leash being held at the time. The incident cost me $800 plus additional expenses. The Sheriff came out, and I have a police report, but Animal Control did not... View More

Charles Candiano
Charles Candiano
answered on Mar 3, 2025

Unless you were on your neighbor's property, the Doberman was NOT under its owner's control when it attacked your dog, so your neighbor IS responsible. Animal control CANNOT choose not to respond to an animal attack. Go to animal control and demand that they prepare a report. Did the... View More

2 Answers | Asked in Copyright and Trademark for Illinois on
Q: Trademark/copyright issue on using university-associated Catholic name

I have a trademark/copyright question regarding the use of a name that a university also uses. Although I believe the university has trademarked the name, the name is related to Catholicism and is not owned by them exclusively, meaning any Catholic can use it. I plan to use the name for a... View More

Alan Harrison
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answered on Mar 1, 2025

Trade mark registrations are limited to specific goods / services for which the registrant is *actually* using the mark. A registration that claims goods / services for which the registrant does not use the mark, often can be canceled.

Assuming that the university is not in the classified...
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2 Answers | Asked in Traffic Tickets and Consumer Law for Illinois on
Q: Can a judge order SR-22 for no insurance ticket?

I was pulled over because my plate was suspended, which I was unaware of, but I only received a ticket for no insurance. I have already had a court hearing regarding the no insurance charge. Can a judge still order me to obtain an SR-22?

Theodore J. Harvatin
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answered on Feb 28, 2025

It is not the judge who orders it. The safety responsibility law requires anybody who receives court supervision for no insurance ticket and then later purchases insurance and brings proof to court to carry SR 22. If on the other hand, you had insurance at the time of the ticket and simply did... View More

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1 Answer | Asked in Family Law and Gov & Administrative Law for Illinois on
Q: What are the requirements and responsibilities for short-term guardianship in Illinois?

I am looking to become a short-term guardian for a family friend in Illinois, specifically to handle medical and school-related matters. Could you explain the requirements and responsibilities for this role, and how the process works for a guardianship lasting up to one year?

Cheryl Powell
Cheryl Powell
answered on Feb 26, 2025

You can use a form on the internet for this. Court is not necessary. Both mother and father should sign. Search for CFS 444-2 and you will find that form.

You will raise the child as yours for one year.

You are responsible for costs, including medical, educational, etc. that are...
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3 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: Can I sue multiple hospitals for negligence in Illinois for failing to diagnose septic arthritis?

I am considering suing multiple hospitals for medical malpractice or negligence due to a failure to diagnose septic arthritis. From October to December, several doctors overlooked my blood test results and complaints. After visiting the fifth hospital, where I received an aspiration, the correct... View More

Charles Candiano
Charles Candiano
answered on Feb 24, 2025

By all means, consult medical malpractice attorneys. Much will depend upon your present physician's ability to testify as to the ADDITIONAL harm that you sustained as a result of your delayed diagnosis. If the delay in your diagnosis resulted in no additional harm ( beyond your continuing... View More

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2 Answers | Asked in Car Accidents, Insurance Defense and DUI / DWI for Illinois on
Q: Can the other driver go over $25,000 settlement cap without DUI proof?

I was involved in a minor collision early last year where my grill was chipped and my license plate bent. The police told me to "just go," and I didn't take a DUI test. Now, the other driver is suing my car insurance for injuries, but they don't want to settle for my policy cap... View More

Theodore J. Harvatin
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answered on Feb 23, 2025

They probably will not be able to prove you were under the influence but there’s nothing stopping them for making the claim although there should be some evidence to support it before they claim it is the case.

On your other thing, you probably received a letter from your insurance...
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2 Answers | Asked in Car Accidents, Insurance Defense and DUI / DWI for Illinois on
Q: Can the other driver go over $25,000 settlement cap without DUI proof?

I was involved in a minor collision early last year where my grill was chipped and my license plate bent. The police told me to "just go," and I didn't take a DUI test. Now, the other driver is suing my car insurance for injuries, but they don't want to settle for my policy cap... View More

Charles Candiano
Charles Candiano
answered on Feb 24, 2025

Let's get something clear. When you have an accident, you are either at fault or not at fault. Beyond that, for the purposes of calculating the value of the claim nothing else matters. You could be a nun, driving sisters to a convent or you could be a junkie, with an open bottle of... View More

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