Lawyers, Answer Questions  & Get Points Log In
Illinois Questions & Answers
1 Answer | Asked in Divorce and Land Use & Zoning for Illinois on
Q: If I buy land but don't want my husband to take it from me in divorce can I gift it to my children or otherwise save it?

I'm not even sure divorce is the answer for me but I don't want my kids and I to be left with nothing and I feel like he would do his best to leave us begging for air. If I bought land with my own savings could I gift it to my children so that he couldn't take it but the kids (and I)... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Mar 2, 2021

You mention using your own savings. If the savings came from money earned during the marriage, then it would not be your savings, it would be marital savings. If you bought land with it, the land would be a marital asset and therefore subject to division at the time of divorce.

4 Answers | Asked in Traffic Tickets for Illinois on
Q: Over 21, clean record. Was cited as going 94 in a 60 on highway (34 over so a Class B) What next?

As above, clean record. Cop cited me for 2,500$ but class B only denotes 1500$ max. Is there a way I can keep this off my record as I need a clean background check for work.

Brandon K. Davis
Brandon K. Davis answered on Mar 1, 2021

Agg speeding 26-34 over is a class b misdemeanor. Technically, the offense can be punished by up to 6 months in jail and a $1500 fine. In many of these cases, it is possible to avoid a criminal conviction on your record. It may even be possible to reduce this to a petty offense. Contact an attorney... Read more »

View More Answers

3 Answers | Asked in Estate Planning for Illinois on
Q: My mother passed away with an irrevocable family trust. Under the terms I am the beneficiary. How do I get assets?

My father is executor and for two years has refused to give me info unless I sign 1/2 to him. This was from my grandparents estate. What actions need to be taken?

Stephanie Sexauer
Stephanie Sexauer answered on Mar 1, 2021

Hi there,

To start off, I'm really sorry to hear you're going through this. From what you say, it sounds like your father is wrongfully withholding/assets from you. I'd be happy to speak with you about some options, if you'd like to give me a call at (312)300-4743 or...
Read more »

View More Answers

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Speeding ticket fine went from $0, to $362, just finding out from a collection agency. Not sure what happened or how?

Initially I got a ticket for speeding 21-25mph hour over. I asked the cop what the fine was and was promoted “no fine today, but you can go to traffic school to get it off your record”. I assume warning? No, he said it’s still I ticket but I don’t have to pay anything. Ticket said fine of... Read more »

Juan Ooink
Juan Ooink answered on Mar 1, 2021

First, I have never heard of a ticket having $0.00 fine. You always have to pay something. Second, it seems you did not do anything with this ticket, which includes taking Traffic Safety School. Finally, you can try and motion the ticket up into court and address it in front of the Judge. You will... Read more »

1 Answer | Asked in Traffic Tickets for Illinois on
Q: An officer says on my ticket he pulled me over for improper use of turn signal but over for failure to stop
Juan Ooink
Juan Ooink answered on Mar 1, 2021

Not sure what your question is here because you do not ask one. If you are facing charges, you should hire an attorney to assist you right away.

1 Answer | Asked in Cannabis & Marijuana Law and Traffic Tickets for Illinois on
Q: what happens when your 19 years old and gets pulled over for a turning signal and the coo finds marijuana in the car
Juan Ooink
Juan Ooink answered on Mar 1, 2021

You will get at least two tickets and possible charged with the criminal offense of possession. If you have pending charges, you need to hire a Criminal Defense Attorney right away.

1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: My boyfriend is bipolar and wasn't taking his meds. He ended up assaulting me. Can I work with his lawyer to hel

So my boyfriend is bipolar and can become manic. He ended up assaulting me pretty bad. My family took me to the hospital were I found out I had a broken nose, two black eyes, a chiped tooth and bruises from head to toe. They pressured me to make report which I did but I thought I could drop the... Read more »

Dan Nold
Dan Nold answered on Feb 28, 2021

Victims of domestic violence have rights pursuant to Marsy's Law. Those include the right to hire an attorney and be informed of everything going on in the case and the ability to make a statement to the judge. You should consult with an attorney who represents victims of domestic violence... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: Search warrant issued specifically for a gun/bullets in a persons home can anything besides said items be seized?

Neighbor accused of discharging a firearm in town was n a standoff in the street in front of my home. The man was suicidal and I went outside only seeing police pointing guns at him. I coarsed the man into my home and calmed him down and reasoned w him to go outside w me and give himself over to... Read more »

Dan Nold
Dan Nold answered on Feb 28, 2021

This sounds like a whole can of worms, but generally, things in plain view may subject you to criminal charges. Stop talking about your case on the internet, do not talk to the police, and lawyer up.

1 Answer | Asked in Criminal Law for Illinois on
Q: If I overdosed and my girlfriend calls 911 aren't we both protected under Good Samaritan act or the immunity act??

I was in a hotel with my girlfriend and a buddy stopped by and has heroin, I take methadone from a clinic, I take to much and overdose, my friend runs and leaves while my gf calls 911... well my "friend" leaves his heroin behind as he flee's cause he says he has warrants... The... Read more »

Dan Nold
Dan Nold answered on Feb 28, 2021

There are certainly defenses like what you are referring to. The facts of the case must fit a very specific fact pattern. You should consult with an attorney to further evaluate this defense and help you defend this charge.

1 Answer | Asked in Consumer Law, Employment Law, Constitutional Law and Employment Discrimination for Illinois on
Q: Hello. I haven't received my rise due Dec 2020. Also construction going on was sent home without pay. Miriam

I was FT now PT due to coronavirus Manager cut my hours to 60. I tried unemployment. I was denied because Manager gave me 21 hours a week since pandemic should've have been 20 or less a week. Also I get no Holiday pay when I worked FT. I had to use my vacation time for Holidays to get paid.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2021

as to unemployment, some changes are being made so that federal benefits may be applied for.

1 Answer | Asked in Car Accidents for Illinois on
Q: Recently my car was stuck in the snow I called a tow truck.

Upon the tow truck arrival I asked him to tow the vehicle from the front which there was room to allow that to happen. Instead he attached to chain to the bottom of the rear of the vehicle. As he drove off he began to snatch the vehicle several times slamming my vehicle into garbage cans after... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

Get an estimate, file a claim with their insurance company.

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Are my only options for this traffic ticket to PLEAD GUILTY and pay or to show up to court and may pay more?

My offense was "disobeyed traffic control signal". My ticket is marked NO COURT APPEARANCE REQUIRED.

When I wanted to pay on the website my only options were to plead guilty and pay or not pay at all.

Juan Ooink
Juan Ooink answered on Feb 25, 2021

If those are the only options you were given, then yes. You should never just pay a moving violation ticket because it will go on your record as a conviction and your insurance company will be able to see it. You should appear in court and request Court Supervision. Yes, you will pay an increased... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: Would reporting my concern to internal affairs about my relatives being harassed by visits help my situation

I've retained an attorney. But my relatives have been questioned by sheriffs department and feel harassed . Plus neighbors at my complex feel they are being investigated or are in trouble. I've been told its a missing teen that contacted me

Juan Ooink
Juan Ooink answered on Feb 25, 2021

You need to discuss your concerns with your attorney.

1 Answer | Asked in Criminal Law and Legal Malpractice for Illinois on
Q: What if a prosecutor is found committing misconduct and is fired. Should his court cases during that time be dismissed?
Juan Ooink
Juan Ooink answered on Feb 25, 2021

It all depends on the case and the misconduct. This is something you should be discussing with your attorney. Only your attorney will have the needed information in order to address your concerns. If you have not hire an attorney yet, you should do so right away.

1 Answer | Asked in Car Accidents for Illinois on
Q: I got a ticket for driving too fast for conditions and now have a curfew. I was 17 now I’m 18. So I still follow it?

I was 17 at the time of the accident and now I am 18. I just got the letter the other day for the curfew. Do I still have to follow it now that I am 18?

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

if its an order it's an order. You want to change the order but don't disobey it until you do.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: good morning question my father inlaw set up a s trust for his family for the business he owned

he is now deceased but his wife is still alive and she wants change it she thinks its unfair

please let me know

thank you

Charles E. Hutchinson
Charles E. Hutchinson answered on Feb 24, 2021

The devil is always in the details. In general, the trust can only be changed by the grantor (the one who created it). Once the grantor passes away, the trust is as it is.

However to fully address the issue it would be best to give all relevant documents to a lawyer for review. The...
Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Internet Law for Illinois on
Q: How are police able to track you on the internet if you committed a crime?

If you committed a cyber crime can police track you in any way other then an ip address? Like via your internet browser even if the cyber crime took place on a different website other then your internet search site or a MAC address? If they are able to track you only through an ip address and you... Read more »

Juan Ooink
Juan Ooink answered on Feb 22, 2021

First, you need to stop posting information regarding a potential crime. Second, if you have been charged with an offense, you need to hire a Criminal Defense Attorney right away. Finally, DO NOT speak to the police without an attorney by your side.

1 Answer | Asked in Criminal Law for Illinois on
Q: Need legal advice

If you committed a cyber crime worth over $1M dollars what would be the possible legal consequences. The crime that was committed was that over $1M dollars worth of merchandise was purchased for the retail store where i work. None of it was going to be taken it would be all to sell. When they got... Read more »

Juan Ooink
Juan Ooink answered on Feb 22, 2021

Your fact pattern is not very clear. Generally, it is typically better to say nothing and wait to see what happens. If anyone asks you questions regarding your actions, you need to hire a Criminal Defense Attorney before you do anything. Absolutely, DO NOT speak with the police without an attorney... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Q: I need help trying to get a divorce . I have a 9 yr old son an a house under mine and husbands name.

He will seek for full custody of my son. And will make things hard for him to sign divorce papers. I really need guidance. And and idea of how much will this cost me.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Feb 20, 2021

The best guidance I can suggest is for you to contact a local divorce lawyer, and explain ALL of the facts to him/her. You really have not provided us with enough info to assist you properly. It is not uncommon for a bully-type husband to make the threat about custody. Divorce lawyers hear this... Read more »

View More Answers

1 Answer | Asked in Medical Malpractice for Illinois on
Q: Emergency Room Malpractice. How do I handle this?

On January 20th, 2021 I was experiencing a medical emergency. I had a severe abscess in my jaw that was causing extreme pain, my heart to race, body shakes and sweats and caused me to lose consciousness. I went to Thorek Emergency Room, there were no other people in the waiting room and no... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 19, 2021

An Illinois attorney could advise best, but your question remains open for two weeks. As a general matter, a case based on medical malpractice would require showing a breach of a duty of care and injuries that ensue as a result. The level of care/level of medical-dental specialties required to be... 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.