Illinois Recent Legal Answers from Lawyers

The question of whether a Durable Power of Attorney was legally obtained does not turn on the time remaining until death or the prognosis but on whether the person who signed it had legal capacity to do so when he did.  The answer is not clear. Even if the Durable Power of Attorney was valid and gave the agent (your daughter) authority over your husband's personal property, that Durable Power of Attorney and that authority expired with your husband.  A suit may be had for conversion (converting your husband's property, and perhaps yours or property in which you have an interest into hers). This might best be handled together with the probate of your husband's estate.  Talk with a local probate lawyer.      ... Read Answer

Anyone coming to the USA on a visitor visa intending to remain permanently is technically committing immigration fraud. The visitor visa only allows people to enter the country to visit temporarily and then return home. If she wants to process her green card the honest way she should process at the foreign consulate overseas. ... Read Answer

Hi, you do ask two questions. A felon is a person who has been convicted of a crime. A fugitive is a person who has attempted to escape law enforcement. I would just call your local SSA office.                Scott F. Bocchio, Esq. 855-254-7841... Read Answer

The 90 days that a naturalization applicant can file file prior to the eligibility date only applies to continuous residence in our understanding. 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

It should be fairly easy finding a Hindi speaking lawyer in Chicago. It seems that all newspapers catering to a specific nationality have a section for lawyers. In the Chinese community newspapers in New York, there are pages upon pages of Chinese speaking attorneys. 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

Yes.  They are as much heirs of your father as you and your brother are.  If the life insurance is payable to the estate rather than to a named beneficiary, they, like you, will inherit.  Hire a probate lawyer who practices in the county in which your father lived and died.  Ask whether the estate can be settled by using a small estate affidavit.... Read Answer

You must present the Will to the county probate court.  The court will issue Letters Testamentary to the person named as executor in the Will (unless that person is somehow disqualified).  That person can sign and record an Executor's Deed (also called a Distribution Deed) deeding the house to you, subject to the mortgage.  This is not a DIY project.  Hire a probate lawyer who practices in the county in which your father died.... Read Answer

That doesn’t seem to make sense.  Are you sure your uncle didn’t apply to become the administrator of your father’s estate, which has nothing to do with being beneficiary.  At any rate, if you are against your uncle’s application, file opposition to it.  You may want to consult an attorney. ... Read Answer

Hi, very sorry to hear of all your medical issues. If you have enough work credits and applying for SSDI, your spouses income will not matter. Now if you do not have the sufficent work credits and apply for SSI, his income would more than likely make you ineligible for that particulat benefit. Again, very sorry to hear of all your medical condtions. Take care.             Scott Bocchio 855-254-7841 https://www.yourlegalrightsadvocates.com/... Read Answer

Hi Maribeth. Unfortunately there is no mother in law category. But if your husband has a green card, he can file for his mom once he obtains his citizenship. If he acquired his green card through marriage he can file for his citizenship within 3 years from the date of his green card. Hope that helps. ... Read Answer

The examples you name would likely be considered "scrivener's errors" and resolved by the probate court issuing a Declaratory Judgment.  However, if you can get the original lawyer to testify as to his apparent lack of legal capacity (and especially if that lawyer has a writing noting that at the time the stepmother sought to have the Will changed), you may be able to persuade the court that the later Will is invalid.... Read Answer

It can be tried in either if the defendant has enough contacts with the place to confer jurisdiction upon it (here I'm assuming that Canadian law is the same as U.S. law), but where the case is brought does not determine what substantive law applies.  If you are sued in a U.S. court over an accident that took place in Canada, for example, it is likely that Canadian substantive law (as opposed to procedural law, like how liong you have to oppose a motion, etc.) would apply even though the suit is taking place in the U.S.  In that case, which law applies to the attorneys' fee question would depend on whether the basis (whether based on contract or statute or court rule) on which fees are sought is substantive or procedural.  My gut says that this is a substantive issue, not a procedural one, but I'm not 100% certain.  ... Read Answer

You can certainly enter into a settlement agreement without any need for involving the civil court, but any agreement to forego criminal prosecution as a consideration for settling civil claims would likely be held unenforceable.  However, if the other party gets its money back it may keep it private, even though not legally obligated to do so. ... Read Answer