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Recent Blog Posts
Eviction Mistakes to Avoid in Illinois
Navigating the eviction process can be challenging for Illinois landlords. There are nuances in the law and thorough procedures that must be followed. Making mistakes can delay evictions, lead to lawsuits, and cause significant financial harm. You should be aware of the biggest eviction mistakes. An Illinois lawyer can help you with the process so you do not make the wrong move.
Not Following Proper Notice Procedures
Illinois law requires landlords to formally notify tenants before filing for eviction. This includes serving the appropriate written notice form and waiting for the minimum notice period. For nonpayment of rent, a 5-Day Notice is required. Other lease violations need a 10-day Notice. Sending an informal warning or skipping notices altogether leads to defective filings.
Sidestepping Probate Pitfalls in Illinois
Going through a probate can be filled with pitfalls for grieving executors and beneficiaries. But an Illinois attorney can guide you through the complex process smoothly. Common mistakes can be avoided by understanding probate procedures, promptly securing assets, and maintaining meticulous records.
With legal representation, you can minimize disputes, delays, and disruptions when settling your loved one’s estate. You should be aware of key steps to sidestep probate problems and honor their legacy responsibly.
Understanding the Probate Process
Settling an estate through probate can be emotionally and legally challenging. Without guidance, even well-meaning executors and beneficiaries can stumble. A misstep might simply delay asset distribution. Or worse, it can spark bitter inheritance disputes. You can protect heirs and your deceased’s wishes by working with a probate attorney.
Can I Evict a Tenant in Illinois for Late Rent Payments?
As a landlord in Illinois, having tenants consistently pay late can be extremely frustrating. You may wonder what options you have to evict a tenant for chronically late rent with the help of an Illinois attorney. Here is what Illinois landlords need to know about evicting tenants for late rent payments.
Notice Requirements for Late Rent
Before a tenant in Illinois can be evicted for late rent, you must provide proper written notice. The notice must specify the amount owed and provide at least five days for the tenant to pay before you can file for eviction.
If the tenant pays within five days, you cannot proceed with eviction solely based on that late payment. However, if the tenant still does not pay after you provide notice, you can move forward with the eviction filing.
Debunking Common Misconceptions Regarding Chapter 7 Bankruptcy
Chapter 7 bankruptcy offers individuals overwhelmed by debt a fresh start. However, misconceptions often surround this legal process, leading to confusion and misinformation. Today, we will be debunking some of the most common misconceptions regarding Chapter 7 bankruptcy, empowering individuals with accurate knowledge and dispelling myths associated with this debt relief option. If you are considering filing for Chapter 7 bankruptcy, contact an experienced bankruptcy attorney to ensure you receive the critical legal guidance you need during this trying time.
Losing Everything
One significant misconception is that filing for Chapter 7 bankruptcy means losing all assets. In reality, exceptions exist to protect certain property types, such as essential household items, a vehicle, and in some cases, even your home. Understanding the exemptions available in your state is crucial to safeguarding your assets throughout the process.
How Can Radon Complicate the Sale of a Home?
Radon is a harmful substance that is found in the ground. Sometimes, radon can leach out of the ground and appear in the basement of residential homes. When a homeowner wants to sell, tests will usually be performed during the sale process to determine the home’s radon levels. If they come back showing high levels of radon, it can throw a wrench into the residential real estate transaction process. Deals can still go through, even with a high radon level, but they usually require some adjustment.
Radon Is a Dangerous Gas
Radon is a gas that is created when radioactive elements in the ground decay. Large-scale exposure to radon is carcinogenic. Radon is blamed for approximately 20,000 deaths each year and is a major contributor to high rates of lung cancer among non-smokers. Accordingly, radon testing is a part of the due diligence and inspections that a buyer performs before the home selling transaction is completed.
Can I Buy a Car After Bankruptcy?
Many people who file for bankruptcy believe that they will never be able to get any kind of credit in the future. They believe that things like a new car are out of reach. It is possible to get car loans after bankruptcy, but you will need to pay more for it. A Geneva bankruptcy lawyer can advise you of the potential effects of declaring bankruptcy and what could happen in the following years.
You Can Get Some Types of Credit
In general, bankruptcy will remain on your record for seven years after the process concludes. The bankruptcy will continue to affect your credit. Immediately after the debt is discharged is when there will be the highest impact. Most lenders will decline for traditional auto loans because of your credit. However, the more time passes after your bankruptcy, the more the impact will diminish. It may be possible to get a traditional car loan several years after your bankruptcy.
FAQs Regarding Powers of Attorney in Illinois
For most adults, the prospect of being unable to make your own decisions is not something we want to consider. While this is understandable, incapacitation planning is still a crucial part of the estate planning process. Planning for the possibility of severe illness is important regardless of your age, health, or financial circumstances.
A power of attorney is an estate planning tool that lets you choose another individual to make decisions on your behalf should you become incapacitated. In this blog, we will answer some of the most common questions people have about powers of attorney in Illinois.
What Does a Power of Attorney Agent Do?
The power of attorney agent, or “attorney-in-fact,” has the authority to make decisions about your personal affairs if you are too sick to do so yourself. A power of attorney for healthcare permits the agent to make medical decisions on your behalf, such as whether you will undergo surgery or receive certain medications or medical treatments. A power of attorney for property, or financial power of attorney, allows the agent to manage your financial affairs.
The Forcible Entry and Detainer Process for Illinois Landlords
As a landlord, the last thing you want is to be forced to evict a tenant. Not only is the eviction process complicated and often expensive, landlords also must cope with the emotional toll that comes along with evicting someone from their home. At DLAW, PC we help landlords throughout the eviction process.
In Illinois, there is a specific process for eviction known as Forcible Entry and Detainer. This legal action allows landlords to regain control of their rental property when a tenant fails to comply with lease terms or pay rent.
Providing Notice of the Pending Eviction to the Tenants
There are specific procedures you must follow when evicting a tenant. Failure to follow the correct procedures can lead to major financial and legal headaches. If you need to evict someone because they are not paying rent in accordance with your lease agreement, you will give them a five-day notice. The notice must state that if the tenant does not pay the rent within five days, you will be taking legal action.
Should I File for Bankruptcy if I Am Sued by a Creditor?
Finding out that you are being sued by a creditor for unpaid debt can be extremely upsetting. Many people with debt try their best to repay it, but life circumstances and unexpected financial obligations get in the way. If you are being sued by a creditor, you may understandably worry about the consequences. Lawsuits like these can lead to wage garnishment, property liens, the seizure of assets, or other measures to collect the debt. Many people in this situation wonder whether they should file for bankruptcy.
Will Bankruptcy Stop the Lawsuit?
When someone files for bankruptcy, an "automatic stay" is issued which stops any collection efforts. This means that all debt collection activities must be ceased, including most lawsuits. Creditors cannot garnish wages, seize assets, or otherwise attempt to collect the debt until the bankruptcy case is concluded. Therefore, filing for bankruptcy often provides immediate relief from creditors and lawsuits - with a few exceptions. In some cases, a creditor can ask the bankruptcy judge to remove the automatic stay and allow them to proceed with their lawsuit.
Living Wills and Incapacitation Planning
Many people assume that estate planning only deals with the distribution of assets after an individual’s death. However, testamentary planning is only part of the estate planning process. It is also essential to plan for the possibility of becoming incapacitated by illness or injury. If you became terminally ill and could not express your wishes regarding medical care, what types of care would you want? Do you want doctors to try everything to keep you alive as long as possible or would you prefer not to be placed on mechanical ventilation or to receive CPR?
These are extremely personal decisions, and it is important to document them in a legally recognized way. This is where incapacity planning comes into the picture.
Use a Living Will to Describe the Medical Treatment You Want and Do Not Want
A living will allows you to express your wishes regarding the medical care you would potentially receive if you become incapacitated due to illness or injury. Most people have deeply held beliefs about end-of-life care. Your desires regarding incapacitation care may be influenced by your life circumstances, past medical history, your family, and your religious and spiritual beliefs.
From our office in Geneva, Illinois, we serve clients throughout the region, including the communities of St. Charles, Batavia, Aurora, Elgin, Elburn, Sugar Grove, North Aurora, South Elgin, West Chicago, Fox Valley, Winfield, Wayne, Big Rock, Naperville, Wheaton, and Downers Grove, as well as other municipalities in Kane County and DuPage County.
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