Illinois Recent Legal Answers from Lawyers

Illinois is an "equitable division" state, not a 50/50 division state when it comes to property division.  It is possible under some circumstances for the court to order your wife to receive more than 50% of the marital portion of your pension (meaning 50% of the portion that accrued during the marriage vs. the total pension accrued).  It doesn't happen very often - most of the time, the court will order that she receive 50% of the marital portion.  The courts look at several factors when dividing property - assets, income, ability to continue to accrue income and assets, age, employment status, etc.  The court starts with the concept of a 50/50 division, but is one spouse has much more in assets or ability to earn much more income than the other party, the one with a lot less can get more than 50% of the marital assets.... Read More

If she has no assets and no job, it will be very difficult to get a travel visa. You can sponsor her for a fiance visa, but there is an in person physical meeting requirement that needs to be met. You could travel there when the ban is lifted and then after that sponsor her for a fiance visa or you could travel there and marry her then sponsor her for a spousal visa. Both pathways are taking about 13 months from the time of filing. ... Read More

Based on your narrative, if he signed the titles to the trailers over to you, and you titled them in you name, there is not much he can do, unless he obtains a court order.  It is unlikely he would be able to convince a judge that you breached your agreement.  If you purchased his share of the semi-trailer, keep a copy of the checks/receipt in a safe place, in case you are challenged.  It does not sound as if your need an attorney at this time. This sounds as if the seller now has second thoughts about selling the semi-trailers.  He is just trying to extract more money from you, and based on what your wrote, he has no basis to do so.  ... Read More

According to the contract, it renewed for another 2 year term when it was not cancelled in 2020, and will now run until 2022, at which point you can cancel it if you give proper notice 60 days before it ends.  In NY, however, there are some contracts in which automatic renewals are unenforceable.  I don't know if it is the same in Illinois.... Read More

This sounds as if it has the makings of a Class Action Lawsuit in Federal Court.  If you only have a few people (approximately under 30 people) who want to join in a lawsuit, the Plaintiffs are joined together.  However, if there are many people, who had identical injuries (paying for something that was suppose to be free), it has the makings of a Class Action Lawsuit.   The suit would need to be certified first by the Judge before it moves foward.  Many litigation attorneys are open to Class Action Lawsuit.  ... Read More

I am sure that when you opened your account with TradeStation, you were required to sign an agreement.  And, most likely this agreement had some small print.  I would continue to believe that their agreement stated that they have the right to do as they please.  If they want to drop you as a customer, they can do so.  Unless your original agreements says something to contrary, if they want to change your commission schedule, they can do so.  Go back, and read your original opening account agreement.  You'll probably be surprised at the terms of this agreement.  However, if the agreement states you had no commissions  for the first year, tell them that you want to set-up a FINRA arbiration session.  They will get their attention.... Read More

Only a probate court can grant you access to her assets.  From your description, it appears that you may be able to file a Small Estate Affidavit.  While in many states these can be filed without an attorney, about half of those filed without an attorney are denied because they are incorrectly completed.  Your local probate court clerk should have the form.... Read More

Hello.  If your husband was in the Local 174 pension when you got married and has been in it the entire time, then there is no reason why you wouldn't get 50% of the marital portion - meaning 50% of the benefit accrued during the marriage.     I draft and enter QDROs, so if you need my help, let me know - I'm at 815-714-2900. Cynthia Petersen Petersen Law and QDROs LLC... Read More

There are normally three grounds for contesting a Will:  fraud (such as forgery), lack of legal capacity to make a Will, and undue influence.  Your description indicates none of these.  Rather, it indicates that writing you out of the Will was for a long time a part of your mother's estate plan.  Whether you can recover something from the estate for your expenses and your services is another matter.  Please contact a probate attorney who handles fiduciary litigation in the county in which your mother's Will will be probated, bringing all receipts and records of what you spent and the services you provided.  Keep in mind that your mother's decision may have been based not on a lack of regard for you but on a concern that your brothers would need the money.... Read More

Short answer:  No   Based on your commentary, you settled the claim.  Most likely, the settlement agreement states you cannot open a lawsuit.  Once the statute of limitations has past, you lose your opportunity to file a lawsuit.  To preverse your rights, you would have needed to file a lawsuit on the final day before the statute of limitations takes effect.  ... Read More

I certainly hope you did not commit or sign any agreement that you would contribute $75,000 for this project.  It is not a question if the inventor should contibute.  It comes down to what you can negotiate.  First of all, you are inventor.  If they want your product, you can control the negotiations.   In order to make this work for you, change the terms.  For example, let them know that you are willing to accept 25% of the equity in exchange for zero contribution.  Once you start negotiating you should be able to find a solution that works for you.  ... Read More