Every Wednesday we provide five legal tips based on questions we receive from readers:
I just read about a guy that got his 7th DUI in Illinois! How does a person like that have a license to drive?
He probably doesn’t. In Illinois after your fourth conviction (assuming it was after 1999 and all four are in Illinois) you are revoked from legally driving again without ever having the possibility of reinstatement.
My son has a child and is divorcing. The Judge has given him visitation with our grandchild every Saturday and some holidays. We were told by his lawyer that the Mom can keep the child from seeing us at other times when it is her visitation. Can we bring our own case?
With limited exceptions that is true. You are best off working with your son and trying to enhance his argument that it’s in the best interests of your granchild that he get more time with the boy so then you can get more time.
I am getting a divorce. What does a marital asset mean?
A marital asset is anything acquired during the marriage. Examples would be if you had a pension or 401k; the portion acquired during the marriage would be a marital asset and would likely get split 50/50. If you bought a house, that would be one too, so would a business started during the marriage. The one big exception is inherited property so long as it is not co-mingled with the rest of the marital assets.
What is a contingency fee?
A contingency fee means that the lawyer doesn’t get paid if they win the case and if they do win it is a percentage of what they recover. Here is more information about Illinois contingency lawyers and how they work. It’s typical for injury cases or other matters where the winner gets paid money. It can’t be done for criminal cases or divorce.
I live in Oregon. My Dad died in Chicago and had a will prepared by an attorney friend of his. Do we have to use that attorney go probate the estate? Honestly we don’t like him and he’s rude. We never said anything to my Dad because they were friends, but I just don’t want to work with him.
You don’t have to work with him. Your Dad’s will can name an executor of the estate, but it is up to the executor to choose what attorney to help probate the estate.
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