Brian Joseph Cohan's Answers

Brian Joseph Cohan
Long Grove Estate Planning Attorney.
Contributor Level 10

2

Attorney answers:

  1. Brian Joseph Cohan
  2. Steven J. Fromm

How can i find out if i am a trust beneficiary

Asked by a user in Chicago, IL - over 2 years ago.

If you are a trust beneficiary, other than a beneficiary of a specific gift, you are entitled to a copy of the trust and a full accounting for the trustee's actions. Remember, the trustee works as a fiduciary on behalf of the beneficiary so do not be timid in approaching the trustee as if you were the trustee's boss. Also remember, the trustee is likely collecting a fee for its services.

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Attorney answers:

  1. Brian Joseph Cohan

Can a person file a harassment complaint against wife's attorney for obvious attacks of verbal abuse to me?

Asked by a user in Chicago, IL - over 2 years ago.

Likely not. You would do well to ignore the sarcasm, give the attorney whatever discovery is requested, and try to move on with your life. Her lawyer's job is not to be your best friend, and in most cases of this kind, there is an underlying reason why individuals are subjected to this type of treatment, usually at the direction of the other party.

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Attorney answers:

  1. Brian Joseph Cohan

IL child custody laws, father's right to seek primary custody, procedure under IL state law

Asked by a user in Chicago, IL - over 3 years ago.

There is no way to answer this. You need an experienced custody lawyer who has familiarity with this judge. Your child should also be repesented, especially if she is capable of expressing herself and her desires for her living arrangement.

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2

Attorney answers:

  1. Brian Joseph Cohan
  2. Irina Melnik

What is the statute of limitations regarding the appoinment of an administrator for an estate in illinois?

Asked by a user in Chicago, IL - over 2 years ago.

There is no statute of limitations on being appointed an administrator. There is a two year statute of limitation on creditor actions following the date of death of the decedent.

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Attorney answers:

  1. Brian Joseph Cohan

I had a roof installed less then a yr ago and it is leaking, they wont return my calls and when i do get an answer the tell me

Asked by a user in Frankfort, IL - over 2 years ago.

Check your written warranty for coverage. Send them a certified letter telling them if they do not repair you are going to contact the State of Illinois Attorney General's Consumer Fraud Division to initiate a complaint. I have also found that online internet sites such as "RipOff Report" are something that most businesses want to avoid. If they are in breach of their warranty, you can always take them to court.

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Attorney answers:

  1. Brian Joseph Cohan

I am pregnant due very soon The father of my child, agreed to pay child support, draft I typed indicated so, with no visitatiion

Asked by a user in Chicago, IL - almost 3 years ago.

See the State's Attorney to bring a parentage action and get him under court order for support and medical.

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Attorney answers:

  1. Brian Joseph Cohan

Can I file for child support even though I am still married ?

Asked by a user in Chicago, IL - over 2 years ago.

Yes, file a petition for dissolution, or separation and get an order of support, He should be paying at a minimum 20 percent of his net income for support.

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Attorney answers:

  1. Brian Joseph Cohan

Can I file for back child support adjustments? My father paid an amount (low) and has been making over 6 figures& is successful

Asked by a user in Chicago, IL - almost 3 years ago.

Only if he lied, and you can prove he lied under oath in a sworn statement or testimony given to the court, then the court will consider issuing a nunc pro tunc order relating back to the original date of hearing. Otherwise, you are stuck, and have to go to court now for an order of modification.

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Attorney answers:

  1. Brian Joseph Cohan

What can I do if I received an Order of Possession 6/8/09 and the lawyer spindled it and the judge vacated it today 6/15

Asked by a user in Chicago, IL - almost 3 years ago.

You are required to follow all court orders. You can file a motion for reconsideration within thirty days of the decision of which you complain.

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Attorney answers:

  1. Brian Joseph Cohan

Can i put a lean on her house?

Asked by a user in Chicago, IL - over 2 years ago.

No, you cannot put a "Lien" on her house. You can sue her for breach of the oral contract which you had in small claims court.