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1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: do police officers have the right to say they smell marijuana and then search your car? in Illinois

i got wrongly pulled over for a stop sign that led to my car being searched and me being in handcuffs because it smelled like marijuana i am trying to find out if what the cop did to me is wrong or not

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 14, 2022

Yes.

One of the legitimate investigative tools for the police is personal observation and senses. Thus, if a police officer detects a smell of controlled substances that provides a reasonable probable cause to continue to investigate possible contraband in the vehicle.

Secondly, if...
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1 Answer | Asked in Probate for Illinois on
Q: Hello, My wife's mother passed away a week ago. My wife has been estranged from her family for several years.

We are unsure if there is a will. How do we find out if there is one? My wife's sister is currently living in the house my mother in-law owned. There is life insurance policies, bank accounts and other assets. If there is no will and we are not on speaking terms with her sister, how do we go... Read more »

Stephanie Sexauer
Stephanie Sexauer answered on Jan 14, 2022

John, I'm sorry to hear what you're all going through.

In Illinois, wills are required to be signed and witnessed by two people. If there is a will, all wills need to be filed in the county in which the Decedent resided within 30 days of death. If there is a valid will, and it...
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2 Answers | Asked in Car Accidents, Domestic Violence and Small Claims for Illinois on
Q: My ex has my car that i paid for. He has the car because both names are on the car. He totaled it and wants the title.

There is a restraining order so this is why it’s difficult. What do i do about the car situation and the title? I believe he’s getting money from the insurance company.

Chase Van Oostendorp
Chase Van Oostendorp answered on Jan 13, 2022

Is your ex your ex husband? If so, does the Divorce Decree state who retains possession of the vehicle? Is the restraining order against you or your ex?

These factors will have an impact on what your relief may be in this situation.

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1 Answer | Asked in Car Accidents and Tax Law for Illinois on
Q: I got hit from a semi truck from behind . I called the police and he give me the ticket . Developed dvt,head injury back
Charles Candiano
Charles Candiano answered on Jan 13, 2022

The only way that YOU could be ticketed on a rear-end accident is if your disabled car was in the roadway. If this is not the case, you should NOT have received a ticket AND you should be able to recover. Please contact my office and I am happy to answer any questions you may have without any... Read more »

1 Answer | Asked in Probate for Illinois on
Q: Mom passed away,had no will. Brother is on the house deed with her, can he keep the house, how can he transfer car title

She put him on the deed last year, can he transfer the car into his name? There are 3 siblings but we have all decided everything is his we do not want anything. The small estate affidavit states there can be no property. He can not even get the mlney out of her bank account to settle some of her... Read more »

Stephanie Sexauer
Stephanie Sexauer answered on Jan 12, 2022

I'm so sorry to hear about your mom; I hope you're all hanging in there.

If the property was owned as joint tenants with right of survivorship, your brother is now the sole owner. A small estate affidavit can then be used to transfer other property, so long as it's cumulative...
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1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: My great grandmother had land in Puerto Rico and passed in the 1970s. Do we still have claim on the land?

My great grandmother had land in Puerto Rico and passed in the 1970s. She left deed to my grandma and her sister, her only children. Both passed within last ten years and we uncovered the deed to the land. What rightful claim is there to the land? We visited it and saw it was empty.

James G. Ahlberg
James G. Ahlberg answered on Jan 11, 2022

This is a great question, but it should be asked of a lawyer licensed to practice in Puerto Rico. I strongly encourage you to do so.

1 Answer | Asked in Criminal Law for Illinois on
Q: If I'm on my own property,sensory training my dog with a horn, am I in violation of Hunter Interference act Illinois?

Hunters are hunting in the field across from my home. They are set up 100 yards away from my property line, which is in regulation. I sensory train my dog in my yard, on my property with a loud horn, which might disrupt the hunters. Am I in violation of hunter interference act of Illinois?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 11, 2022

Yes, since your horn emits the loud sound that does interfere with legitimate hunting sound protocol even on your own property.

1 Answer | Asked in Family Law for Illinois on
Q: If you never married but we're with someone for 25 yrs and 3 children together are you entitled to there pension?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 8, 2022

No. The sharing of retirement benefits applies only to people who are married.

1 Answer | Asked in Elder Law for Illinois on
Q: Can I buy my 91 yr old Mom's home and then rent it to her without impacting her possible future Medicaid eligibility?
Stephanie Sexauer
Stephanie Sexauer answered on Jan 7, 2022

I see you're located in Wisconsin, but posted this for an Illinois attorney, so I'll respond regarding Illinois law.

There is a 5 year Medicaid look back period. If your mom sells you her home for less than fair market value and she does require a nursing home stay during that...
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2 Answers | Asked in Bankruptcy and Consumer Law for Illinois on
Q: Law suit loan company took loan money after I filed bankruptcy.

I took a loan against my workers comp case in 2018. I filed chapter 7 bankruptcy in December 2020, bankruptcy was discharged April 2021 with the loan company on the bankruptcy and they did not contest the discharge. WC attorney office paid the loan company in December 2021 when my case settled not... Read more »

Robert J. Walinski
Robert J. Walinski answered on Jan 7, 2022

In all probability the lender had a perfected security interest in the settlement. While any personal liability on your part was discharged, the lien would survive the discharge unless you successfully moved to avoid it. The basis for such avoidance would normally be that the lien somehow... Read more »

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1 Answer | Asked in Family Law and Real Estate Law for Illinois on
Q: If a couple is living together and is unmarried, and only one has right to possession does other person have claim?

If a couple is living together unmarried and previously one of the people purchased the house In their name, if the couple was to break up does the person without ownership have any legal claim to the property?

Erik K Jacobs
Erik K Jacobs answered on Jan 6, 2022

The short answer is no. The property was purchased prior to the relationship and was the sole property of the person purchasing it. It is not marital property, since there was no marriage.

2 Answers | Asked in Criminal Law and Domestic Violence for Illinois on
Q: False arrest

My fiance was arrested on November 25th for Domestic Battery and unlawful restraint and he is not guilty

Alan E. Jones
Alan E. Jones answered on Jan 5, 2022

I recommend finding a good local defense attorney from the county where the case is being prosecuted to handle his case. Best of luck. Al Jones

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1 Answer | Asked in Domestic Violence and Employment Law for Illinois on
Q: I work at a domestic violence shelter. I have a coworker who has been giving me the silent treatment for months which

Is a form of abuse yet my employer does nothing

Carrie Dyer
Carrie Dyer answered on Jan 5, 2022

More information is needed to answer your question. Is your coworker singling you out and giving you the silent treatment due to your status in a protected class (race, religion, age, etc)? If not, and the reason for giving you the silent treatment is merely a personality conflict, your employer is... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: If I purchased investment properties in Illinois before I was married does my wife have any rights to the properties?
Erik K Jacobs
Erik K Jacobs answered on Jan 5, 2022

Unfortunately, without more information, the law is not so black and white. Like many other legal questions, the answer is maybe. Did you buy the properties outright or did you obtain a mortgage? If you bought them outright, did you ever add your wife to the title? If you had a mortgage, did... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: Say you get pulled over and your driving someone else’s vehicle do the police have the right to search said vehicle?

Like if your using their vehicle and you get pulled over don’t they need the registered owners permission to search the vehicle or at least impound the vehicle to be able to search it since it’s not your vehicle to give consent to allow them to search it

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 4, 2022

Yes.

Any motorist operating any vehicle may trigger a completely lawful traffic stop warrantless search if the traffic stop, the motorist’s conduct or statements, visible evidence of the contraband creates an articulable reasonable suspicion to conduct an investigation based on the...
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1 Answer | Asked in Juvenile Law and Municipal Law for Illinois on
Q: Can a court system file charges without a police report?
William Wolf
William Wolf answered on Jan 4, 2022

In short, yes.

Police have the job of investigating cases.

Prosecutors have the job of deciding whether to file charges, on which charges they should be, and whether and how to proceed on them.

There is no legal requirement, despite how unusual that may be, for...
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1 Answer | Asked in Arbitration / Mediation Law for Illinois on
Q: Can you tell me more about arbitration and how much my case is worth or the range I should be asking for

I was fired after being hospitalized for my disability.

Tim Akpinar
Tim Akpinar answered on Jan 2, 2022

An Illinois attorney could advise best, but your post remains open for two weeks. Here are a few very basic and general facts about arbitration. It can be more economical and quicker than traditional litigation. Certain formalities under civil procedure codes could be eased in the interest of... Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: Can you apply for an immediate family green card while having a different-category green card pending?

Hi, can I apply for marriage based green card while having a pending case for a green card ( from a parent) that is expected to take another 3-4 years to complete? Do I need to withdraw from the old one or I should just only mention it in the new application where they ask?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 2, 2022

Yes.

If you are married to a USC and present in the U.S. you may initiate your adjustment of status at once.

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1 Answer | Asked in Traffic Tickets for Illinois on
Q: Hi, I got two violations one for going 70 in a 55 and one for illegal u-turn cop was right behind me.

I have court coming up on Jan 4. The cop filed a motion saying court be continued on the 7th of Jan when he comes back from vacation. that is unfair correct? How is it my fault that on the date the court gave me for a bench trial the officer will be on vacation? The court should have done their due... Read more »

Dan Nold
Dan Nold answered on Jan 2, 2022

If it’s the state’s first request for a continuance of a bench trial and the motion to continue is supported with a signed affidavit by the officer, the judge will grant the motion.

If those conditions are not met, the judge might deny the motion to continue and dismiss the case....
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1 Answer | Asked in Divorce for Illinois on
Q: What do I do if the sheriff I sent a divorce summons to serve does not properly serve or send a receipt of having serve

I have filed for divorce and mailed the summons, as directed, to the sheriff of the county the individual being summoned is in. The sheriff however did not properly serve the individual, has no record of serving, and upon my calling to check on the situation, I was met with dead answers and I dont... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 31, 2021

Did you include the Petition for Dissolution with the Summons? Did you pay the Sheriff's fee and mileage cost, if any, in advance? Depending on what county you want the service to be made in, you could go online to see if there are any special process servers in that area. If so, hire one.... Read more »

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