Illinois Recent Legal Answers from Lawyers

There process that must be followed to get the house in your name. It depends on whose name is on the title now. If it was just Mom, then an Affidavit of Heirship must be prepared to show to who is passes to, if there is no will. If there is a will, the will has to be filed and depending on the size of the estate and the date of death of your Mom, a probate may have to be opened. There are also may other possible twists and turns.... Read Answer

It depends on where you live now. The statute says: 750 ilcs 5/601 (1) a change of residence from the child's current primary residence located in the county of Cook, DuPage, Kane, Lake, McHenry, or Will to a new residence within this State that is more than 25 miles from the child's current residence, as measured by an Internet mapping service; (2) a change of residence from the child's current primary residence located in a county not listed in paragraph (1) to a new residence within this State that is more than 50 miles from the child's current primary residence, as measured by an Internet mapping service; or (3) a change of residence from the child's current.... Read Answer

All owners have to sign a deed to transfer it. If an owner owns a defined partial interest as a tenant-in-common that partial interest can be transferred but such a transfer will not change the ownership of the other partial interest owners. A partition action would be required to sell the property as a whole. You should consult with an attorney to discuss your options.... Read Answer

If your sister-in-law did without a spouse, had no children, and her parents pre-deceased her, then her siblings would be her heirs under the statutes on Descent and Distribution. If your husband was alive at her death and was her only sibling then he would be her sole heir. He could file a claim for the asset using a small estate affidavit, assuming no probate was opened for his sister. You can only use a small estate affidavit if the assets are less than $100,000. What was the value of her assets when she died. What happened to her assets then? If an estate was opened then it may have to be reopened now. If no estate was opened for her then you would have to open an estate for your husband to file a claim on his behalf. You should consult with an attorney.... Read Answer

There are multiple ways this could be resolved.  Assuming all is correct and that all needed copies exist, the following self-help solution is suggested: 1. get a copy of your discharge with the page of notified parties, which should include this creditor. 2. get a copy of the credit report showing this debt remains shown, despite the BK7, 3. object through the complaint mechanism established by the credit reporting services (a review of their websites will provide the information needed. 4. make a complaint letter that details your position AND attach/enclose the copies proving your position and send. A review should then take place with all of the attachments forwarded to the al creditor by the Service, who should have no choice but to acknowledge the inclusion of the debt in the BK7, thereby subjecting it to a discharge.  The matter should then be removed from the Report. If not, then an attorney needs to be contacted to review this matter to see why there is no removal (as a lien is not affected by a BK) or if there was an automatic stay violation to institute a suit seeking damages.  Depending on your exact situation, there may be other means available as well.... Read Answer

There are too many unanswered questions. IF you do not want the truck and have not signed any papers, turn the truck over to the company that holds the lien. You are not personally liable for the payments unless you agreed to be liable. IF there are other heirs, offer the truck to them. Same with the house. Title passes to you on death. But you did not sign for the loan. To avoid liability for ownership of the home, a formal disclaimer will void liability to the local units of government.... Read Answer

First, your familiarity with school law and your son's school district's policies are not those of an experienced attorney.  Secondly, you may be too close to the situation AND your son may not truly be comfortable with telling you everything involved.  Most importantly, his future is on the line - an explusion from school can be quite damning. Therefore, the simple answer is YES! If you do not know who to contact, your local bar association should have a referral system in place.   Get some names and then do some computer review to review their website and "google" the attorney.  This should provide you with a start to make an appointment for you and your son.  Hopefully, you will both feel comforable with the attorney and the resultant strategy.... Read Answer

A good place to start is through your County's Bar Associaton.  There should be a referral service and that may include pro bono or reduced fee attorneys. A Federal BK District may be larger than just your county.   For example, although Cook County is its own federal district, another district includes LaSalle, Kendall, Grundy, and Will Counties. As such, you may wish to determine the County or Counties making up your district to widen your search area. As an aside, you appear Judgment proof, whereby there may be no need now to file a Bankruptcy.  That may allow time to get a job, a plan of action, and then file a Bankruptcy.  However, this is a decision best made by a knowledgeable attorney with a full complete grasp of your individual facts and factors.  In the very least, a referral with a consultation should be made.... Read Answer

Yes, but it should be denied. The I-130 petitions for such F2a or b family visa categories are subject to extremely low quotas. Also, your situation suggests that you cannot adjust status at this time. I strongly recommend an appointment with a competent and experienced immigration attorney. The above is general information, not legal advice, and does not create an attorney client relationship.... Read Answer

Yes. All people benefit from having an impartial, trained professional in their corner.  Not only is representation provided, but a buffer agent is installed with the ability to answer your questions and protect your interests. Your local bar association should offer referrals.  Those names can then be researched on the internet with an appointment set with the attorney of your preference.  Maybe only a consultation first or a review of the completed document is needed.  That should be a matter better discussed with the attorney.... Read Answer

The answer appears to be no. If the title is solely in your name, that should control.  How there was a loan given to your wife with your mtorcycle as collateral is another question.  There may be a need for her to discuss this with her BK7 attorney.  A simple resolution may be giving a copy of the title to the attorney showing she is not a holder; if need be, the attorney can then produce it to shown this to the Trustee. As to the loan, it may be discharged; your wife may face a non-dischargeability claim.  There may be no further need for payment, but, again, this depends on what the loan note/agreement actually says.  An attorney review might be in order.  It does seem that, regardless of the loan, the motorcycle should not be included as an asset - exempt or otherwise - in her BK7.... Read Answer

Your F1 status may be extended in the U. S. as long as you have maintained F1 status and a full schedule at an F1 accredited educational facility that is willing to allow you to study. How and whether you can extend depends upon all of the facts. You may seek help from the international student official at your school. You may also seek assistance from a competent immigration and visa attorney. If you leave the U. S., you must have a valid unexpired passport, be admissible, have an unexpired I-20, and maintain nonimmigrant intent to seek an F1 visa to return, again. The consular official always has the 'last word' on those issues. If you have any questions or concerns, then I strongly recommend an appointment with a competent and experienced immigration attorney. T... Read Answer

While legally the cars are yours, you may be short sighted by denying him a vehicle. How does he get around? What can he transfer to you in exchange for you transferring the car to him? Are the cars paid off? Do you need financial assistance from him to the loans? It is not simply black and white.... Read Answer

Dear Ms Jones, From your description, it sounds as if you have a case.  By not removing an ovary that should have been removed, the physicians exposed you to an unnecessary risk of cancer recurrence and additional surgeries you would not have had to undergo.   Regards, James Karamanis ... Read Answer

You may or may not have a problem with the arrest at the consulate or at the port of entry. Although your case was concluded with a disorderly conduct plea, that does not mean that a consular officer or immigration inspector cannot ask about the entire incident. Under U. S. immigration laws, an individual who applies for a visa or entry into the U. S. is considered inadmissible if he or she admits having committed or admits committing acts which constitute the essential elements of an excludable offense. You should bring certified copies of the court disposition and be prepared to explain the circumstances of your arrest. I note that some consulates also require a certified copy of the police report. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer