Illinois Recent Legal Answers from Lawyers

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Illinois Recent Legal Answers from Lawyers
Page 14 of lawyers' answers to legal questions about Illinois.

Recent Legal Answers

If my neighbor receives SSI but her son has power of attorney and has her card, and is out of state, what can I do for her?

Answered 8 years and 7 months ago by Christine Sabio Socrates (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Family Law
If your neighbor is of sound mind, she can revoke the power of attorney if her son is not fulfilling his duties required of him. She can execute another power of attorney appointing another person who is capable of helping her.
If your neighbor is of sound mind, she can revoke the power of attorney if her son is not fulfilling his duties required of him. She can execute... Read Answer

Is there a motion you could file to discard fines that are over seven years old?

Answered 8 years and 7 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
A lawyer needs to evaluate the exact nature of the fines. One issue is whether they are in the form of a judgment. Another is whether they are criminal or civil. For many civil fines owed to government entities and representing fines for violation of the law, there is no statute of limitations.... Read Answer
A lawyer needs to evaluate the exact nature of the fines. One issue is whether they are in the form of a judgment. Another is whether they are... Read Answer
You can, but she should appear and make sure that the case is dismissed. If the lawsuit is not by the bank itself, but by a debt buyer, see a lawyer who handles this sort of case.
You can, but she should appear and make sure that the case is dismissed. If the lawsuit is not by the bank itself, but by a debt buyer, see a lawyer... Read Answer

What are the steps to recover money?

Answered 8 years and 7 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
You should consult an attorney. Relevant information that is needed includes: What is the amount? What is the type of debt? What kind of documentation and proof exists? Is this against a consumer or a business? Is the defendant collectible? Are there any defenses or counterclaims?
You should consult an attorney. Relevant information that is needed includes: What is the amount? What is the type of debt? What kind of... Read Answer

Can this family member move my children to another state without my permission?

Answered 8 years and 7 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Yes, an attorney can help. You have to establish paternity regarding the children, and that can be done in court. You are the father and have the right to not only have an attorney appointed, but once paternity is established, you have a lot more rights.
Yes, an attorney can help. You have to establish paternity regarding the children, and that can be done in court. You are the father and have the... Read Answer

If they divorced is the wife still responsible for husbandโ€™s student loan debt?

Answered 8 years and 7 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It is non-marital debt. Unless the debt was refinances and she signed the new loan papers.
It is non-marital debt. Unless the debt was refinances and she signed the new loan papers.

Can child's father fight for his parental rights?

Answered 8 years and 7 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
IT is highly unlikely that there would be a change, unless you have done something which justifies the change.
IT is highly unlikely that there would be a change, unless you have done something which justifies the change.

Can a LLC file and appear before a judge in small claims court

Answered 8 years and 7 months ago by attorney Bruce Robins   |   1 Answer
That depends.  Some small claims courts will not hear cases in which an attorney represents one or more parties.  Since an llc can't represent itself, it will need an attorney to appear in any court.
That depends.  Some small claims courts will not hear cases in which an attorney represents one or more parties.  Since an llc can't... Read Answer

If I have been married 30 years and I have a 401K for the last 18 years, is my husband entitled to half in the divorce and how do I fight that?

Answered 8 years and 7 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You cannot fight it. The plan is marital property subject to division.
You cannot fight it. The plan is marital property subject to division.

Where on the visa bulletin do I look to know when my ir2 priority becomes current?

Answered 8 years and 7 months ago by attorney Kevin L. Dixler   |   1 Answer   |  Legal Topics: Immigration
It depends upon which country you are from. Also, whether you are considered the child, under 21, of a permanent resident or spouse, then F2a. Finally, if you are the child, over 21 years old, of a permanent resident, then F2b. Note there is a date to start processing and a date when the visa can be approved. In general, due to the challenges with the current consular processing system, I strongly recommend that you hire a competent and experienced immigration attorney to handle National Visa Center processing.... Read Answer
It depends upon which country you are from. Also, whether you are considered the child, under 21, of a permanent resident or spouse, then F2a.... Read Answer

Can a judge order me to pay the child support and/or maintenance for my husband's kids if he has lost his job?

Answered 8 years and 7 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The Court cannot order you personally to do anything. The judge can order him to pay money even though he has lost his job, and send him to jail if he doesn't pay. Remind your lawyer that he has changed regarding support first and second families.
The Court cannot order you personally to do anything. The judge can order him to pay money even though he has lost his job, and send him to jail if... Read Answer

What can I do if my sonโ€™s mother wants child support but will not let me see him?

Answered 8 years and 7 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The two rights or duties are legally independent, You do have the right to develop a relationship with your child. But starting it on Facetime is not great. It all depends on how old the child is. The longer you have not seen the child the harder it is to develop that relationship and the younger the child is the more frequent contact is needed to develop a relationship.... Read Answer
The two rights or duties are legally independent, You do have the right to develop a relationship with your child. But starting it on Facetime is... Read Answer
Either 4 or 10 years.
Either 4 or 10 years.

What should we do next if the executor is failing to disburse funds?

Answered 8 years and 7 months ago by Randall C. Romei (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
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It is way past time to close the estate account. The executor should provide you with an accounting of the assets, income, and costs, that may take some time to put together. Once the house and the vehicle were sold the estate accounting should have been done and the assets distributed. With the house sold and the length of time since your mother's death, there is no valid reason for the delay. Now it is the inconvenience of preparing the accounting and that should be done as soon as possible. You may need to push the issue by using an attorney.... Read Answer
It is way past time to close the estate account. The executor should provide you with an accounting of the assets, income, and costs, that may take... Read Answer

If my wife left this morning taking my son with her, how long before he comes back should I be concerned?

Answered 8 years and 7 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Now. She has no more rights than you to possession of the child.
Now. She has no more rights than you to possession of the child.

How do I find out if mom wanted me to have any money from the sale of the house?

Answered 8 years and 7 months ago by Randall C. Romei (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
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You should ask to see a copy of the Trust Agreement. You should find out if the house was transferred into the trust before you passed away. This information will be critical to you determine your status and your options. You should see an estate planning and probate attorney to discuss your options.... Read Answer
You should ask to see a copy of the Trust Agreement. You should find out if the house was transferred into the trust before you passed away. This... Read Answer
If this is a court ordered wage deduction, the judgment creditor is supposed to mail you a copy of the affidavit/ application for a wage deduction order. Ordinary mail is sufficient. Your failure to receive it does not violate anything. If the order is improper for some reason, you need to file a motion to vacate it. There are administrative wage deduction orders for student loans. You are supposed to be sent a notice of a right to a hearing prior to any deduction. If you did not receive one, you may request a hearing in writing. If this is a wage assignment, which is not ordered by a court, you can cancel the assignment and the deduction by written notice to the creditor and your employer. This does not extinguish the debt; for example, they can sue you.... Read Answer
If this is a court ordered wage deduction, the judgment creditor is supposed to mail you a copy of the affidavit/ application for a wage deduction... Read Answer

Is there such a thing as an arrest warrant for non-availability?

Answered 8 years and 8 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
The only debt-related arrest warrants in Illinois are for contempt for disobeying a court order that is personally served on you. You should also be served with an order to show cause why an arrest warrant should not be issued. Threats of arrest for nonpayment of debts are common and are scams.... Read Answer
The only debt-related arrest warrants in Illinois are for contempt for disobeying a court order that is personally served on you. You should also be... Read Answer

Can a married mother take her child out of state without the fatherโ€™s permission?

Answered 8 years and 8 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Unless there is a pending case, a mother/wife can take the child anywhere in the USA without the father/husband's consent without it being a violation of the law.
Unless there is a pending case, a mother/wife can take the child anywhere in the USA without the father/husband's consent without it being a... Read Answer

Is it legal to change property tax bill to my name which will qualify for senior citizen exemption and senior freeze exemption on this home?

Answered 8 years and 8 months ago by Thomas Phillip Boggess (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
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If neither of you are living there, you cannot claim a homestead exemption. If you can't claim the homestead exemption, you don't qualify for a senior exemption.
If neither of you are living there, you cannot claim a homestead exemption. If you can't claim the homestead exemption, you don't qualify for a... Read Answer

How do I make sure that the money I give to my son will not be touched by his future wife if wife refused a prenuptial agreement?

Answered 8 years and 8 months ago by Randall C. Romei (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
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You need to consult with an estate planning attorney that will assist you in creating one or more trusts that will restrict the use and beneficiaries of the funds in the trust.
You need to consult with an estate planning attorney that will assist you in creating one or more trusts that will restrict the use and beneficiaries... Read Answer

How do I force the bank to release funds that was left to me by my mother?

Answered 8 years and 8 months ago by Randall C. Romei (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
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Bring a copy of the order to an attorney and find out your options. The exact wording of the order is critical to the necessary action.
Bring a copy of the order to an attorney and find out your options. The exact wording of the order is critical to the necessary action.

Where can I find help for my disabled brothers, who is being taken advantage of by his immigrant (U.S.Resident now) wife?

Answered 8 years and 8 months ago by Alexander Joseph Segal (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
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What your family felt is not really relevant not it is decisive in terms of the answers you seek. As long as he was not found by any court of competent jurisdiction to be incompetent, the decisions are all his and not yours or your family. Maybe he likes her and wants to be with her? How would you know what he or, for that matter, she feels? ... Read Answer
What your family felt is not really relevant not it is decisive in terms of the answers you seek. As long as he was not found by any court of... Read Answer

Can my car be lien for attorney fees?

Answered 8 years and 8 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
A creditor cannot seize or lien assets without a judgment or an agreement.
A creditor cannot seize or lien assets without a judgment or an agreement.
You can try, but absent a contract or statute which provides for the prevailing party to have his legal fees and expenses reimbursed by the loser,, each side pays their own.  However, if you are suing your landlord under your lease, you need to review it; leases generally contain attorneys' fees provisions.... Read Answer
You can try, but absent a contract or statute which provides for the prevailing party to have his legal fees and expenses reimbursed by the loser,,... Read Answer