Illinois Questions & Answers

Q: DuPage Cty - Ticket in Oct '16. Requested Supervision, but it was denied due to tkt from Dec '15 that I forgot about.

2 Answers | Asked in Traffic Tickets for Illinois on
Answered on Apr 26, 2017

The Secretary of State keeps a record of everyone's driving history in Illinois.

They keep 2 types of records.

Those available to the public which do not show court supervisions because they are not convictions.

The other set are more detailed and used for court purposes.

You need to get your driving abstract for court purposes from the Secretary of State.

Then you will know what is and is not on your record.
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Q: Can divorce be kept a secret from future wife or church?

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 26, 2017

You won't be able to keep this up much longer because the marriage license application asks about prior marriages.
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Q: My daughters father took custody of our child without my knowledge or constent.

1 Answer | Asked in Child Custody and Federal Crimes for Illinois on
Answered on Apr 26, 2017

You need to get a copy of the entire court file and take it to a lawyer to look at to see if you have anything to go on.

You say you didn't go to first custody hearing. That means he probably filed a paternity case and asked for custody.
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Q: I have question about my ex girlfriend breaking court order rules and being unstable

1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on
Answered on Apr 26, 2017

Contact the order of protection advocate at the courthouse to see what they think about an order of protection against her.

As to the father, if the order is being violated, you can do a contempt case.

You could also try to amend the order to try to put more restrictions as to the girl friend being around your daughter.
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Q: IL divorce father does not participate in children's lives. Coukd mother be awarded more $ compensation bc of his lack?

1 Answer | Asked in Divorce, Family Law and Child Support for Illinois on
Answered on Apr 26, 2017

No.

Divorce says what he has to pay and he doesn't have to do more.

On the other hand, you may be entitled to more support.

Illinois is changing the way child support is calculated.

Contact your lawyer to see if you may entitled to a modification to increase child support.
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Q: Can a joint custody parent declare a child a runaway if they walk to their other parents residence?

1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Answered on Apr 26, 2017

Have to congratulate the ex for having come up with a neat way to threaten the kids and keep them in line.

The divorce says where the kids are supposed to be.

If they're supposed to be at her house, that's where they should be.

If the arrangement needs to be changed, then it should be done with a change in the court order.

See your attorney.
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Q: My ex-husband just died in GA. He had a will from when we were married and never made another one. Is it still valid?

1 Answer | Asked in Estate Planning for Illinois on
Answered on Apr 26, 2017

In Illinois the will would be valid but you would be left out and treated as though you predeceased him.
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Q: if my mom passed away and the land trust is in my name does it have to be re-titled in to all my siblings names?

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Illinois on
Answered on Apr 26, 2017

Land trust has a trustee and one or more beneficiaries.

What does the trust say as to who is the beneficiary.

It it's you, then you own the house and the siblings have nothing to do with it.

If the house has to be probated, you have a claim for taking care of your invalid mother which has to be paid before anyone inherits anything.
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Q: I created my own will and poa and had it notarized. I gave all my children copies. Will this be valid when I die?

1 Answer | Asked in Estate Planning for Illinois on
Answered on Apr 26, 2017

If the will wasn't witnessed by two witnesses who were present when you signed and they signed as witnesses, it's not worth the paper it's written on.

The notary doesn't count to determine whether there is a valid will.

The powers of attorney have their own wrinkles.
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Q: How do I have my brother removed as power of attorney over our mother? How do I get guardianship?

1 Answer | Asked in Family Law, Elder Law and Estate Planning for Illinois on
Answered on Apr 26, 2017

If the power of attorney was properly prepared, then the only way to remove the agent (your brother) is to show

that he has violated his duty of care by failing to act in the best interests of the principal (your mother).

This might involve financial abuse or medical abuse.
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Q: Can I find out if any inheritance belongs to me?

1 Answer | Asked in Estate Planning for Illinois on
Answered on Apr 26, 2017

A good place to start is the Clerk of Circuit Court of the county in which he was a resident or owned real estate.

They will tell you if his estate was probated. If it was, you can get copies of all the records.
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Q: Is it true that you can draw up an advance directive that specifically addresses mental health?

1 Answer | Asked in Estate Planning for Illinois on
Answered on Apr 26, 2017

Yes.

http://midamericalawoffice.com/mental-health/
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Q: I have had property for sale and have buyers for said properties, awaiting soil samples. These properties have had a

1 Answer | Asked in Estate Planning for Illinois on
Answered on Apr 26, 2017

Husband dies. Properties are in his name. You get appointed to administer his estate.

So far, so good.

You spent your money to try to get more out of the real estate.

If there was no will, you as widow get at least one-half plus widows award.

If you spent money to maintain or improve to sell, you need to file a claim to get paid by the estate.

If others stand to inherit, you have a problem because they may question your claim, especially since you didn't...
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Q: Clean record. First mechanical violation. Can I go take traffic safety course to keep my employer from seeing this?

2 Answers | Asked in Traffic Tickets for Illinois on
Answered on Apr 26, 2017

Mechanical Violation?

Need more information on the violation.
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Q: Can I sue an individual in small claims court for maliciously breaking my cellphone?

1 Answer | Asked in Civil Litigation and Small Claims for Illinois on
Answered on Apr 26, 2017

Yes, you are certainly able to do so, however it would not be very cost effective. You will need to pay in excess of $300 in filing fees and to obtain service on the individual, none of which will be reimbursed. Plus, you will likely need to expend a substantial time drafting pleadings and attending court hearings. Instead of filing a lawsuit, I would recommend considering filing a police report and asking for restitution through local law enforcement. If the individual is approached by the...
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Q: I have a contract with a company that no longer has work for me. Do they still have to fulfill the terms?

1 Answer | Asked in Contracts and Employment Law for Illinois on
Answered on Apr 26, 2017

It is impossible to give an opinion on the enforceability of a contract without having read it. I believe it would be worth your time and money to contact a local attorney for assistance.
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Q: If common law couple rents 1stfl apartment from you and one of them dies the other one continues to pay to live there.

1 Answer | Asked in Criminal Law for Illinois on
Answered on Apr 26, 2017

I do not understand your question. There is no such thing as common law marriage in illinois.
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Q: I'm 18 but I got 2 speeding tickets when I was 17 and I went on court supervision and that was over earlier this month

1 Answer | Asked in Traffic Tickets for Illinois on
Answered on Apr 26, 2017

Hello Asker,

I would caution that you should speak to a lawyer because three tickets under the age of 21 within a year is fairly high risk territory for suspension. In such situations, I often prefer to see a copy of a driving record or court records to give a definitive answer of the risk of suspension because it gets very date specific. Having a ticket a few days later can make the difference between a high risk and low risk of suspension (I should know. I've seen it personally...
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Q: My ex received speeding tickets on my car. He hasn't been to court. Does that affect my car? Do I have to go to court?

1 Answer | Asked in Traffic Tickets for Illinois on
Answered on Apr 26, 2017

Hello Asker,

Generally speaking, tickets received follow the license holder's license number and their record, not the vehicle. That being said, there is one general exception to this rule. For fines received as a result of a camera, parking, or tollway issue, these are generally connected to the license plate of the vehicle being used. This is because for these types of violations, there was no way to visually identify the driver of the vehicle and thus the only way to connect the...
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Q: I received a ticket for making a right turn while the light was red. I argued that there was no sign prohibiting

1 Answer | Asked in Traffic Tickets for Illinois on
Answered on Apr 26, 2017

Hello Asker,

We don't handle too many appellate matters but I would recommend that you contact the state appellate defender. They are very helpful and may have useful forms and guides that can help you in seeking an appeal in this matter if you so desired. Here is their website.

https://www.illinois.gov/osad/Pages/default.aspx

I hope that helps and let us know if you have any additional questions!

Sincerely,

Jason A. Wilkins

Traffic Attorney...
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