Meika Beth Mersman’s Answers

Meika Beth Mersman

Chicago Probate Attorney.

Contributor Level 8
  1. Rented a home and did not get back security deposit.

    Answered about 4 years ago.

    1. Meika Beth Mersman
    2. Alan James Brinkmeier
    2 lawyer answers

    Yes, if the landlord is only holding back the security deposit for what she is claiming is a 1/2 month of unpaid rent, and you can prove you had an agreement with her that you were not responsible for that time frame, you will be able to get your security deposit back. The landlord may keep your security deposit for unpaid rent, but only for the exact amount of unpaid rent. In addition, in Cook County, the landlord must keep your security deposit in an interest barring account. Before you...

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  2. Do we need a lawyer to sell house of deceased parents. We live in Illinois

    Answered over 4 years ago.

    1. Meika Beth Mersman
    2. Benjamin W. Wong
    3. Henry Repay
    4. Kenneth V. Zichi
    4 lawyer answers

    In some areas of Illinois, it is becoming more common to sell a decedent's home without probate. It is not always a viable or recommended option, but it may be possible with the approval of the title company and potential a bond in lieu of probate. If the home is the only asset your parents had, and especially if it has been more than 2 years since your parents passing, I suggest you contact a local lawyer that does both real estate and probate law to go over the pros and cons with you of...

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  3. In Illinois Can I do a small estate affidavit for vehicle title and a bond in lieu of probate for real estate?

    Answered about 4 years ago.

    1. Paul A. Smolinski
    2. Henry Repay
    3. Jeffrey Jon Kabbe
    4. Meika Beth Mersman
    4 lawyer answers

    I agree with everything the other attorneys have said. I will just add that the IL Secretary of State's Office does have special forms for transferring title to a car upon a person's death. If you go to your local office, they will be able to give you the forms you need to transfer the title to the car.

    1 lawyer agreed with this answer

  4. How can i find a copy of my fathers estate inventory.

    Answered almost 6 years ago.

    1. Meika Beth Mersman
    2. Laura Mcfarland-Taylor
    2 lawyer answers

    You have said your father had mentioned an insurance policy. An insurance policy could be hard to find for a couple of reasons: if a beneficiary was named on the policy, the insurance policy would not have been considered a probate asset and not included on any probate court documents, the insurance company should have paid it directly to the named beneficiary; or your father could have lapsed in paying the policy premiums and therefore there may not have been any existing policy at his...

    2 people marked this answer as helpful

  5. If my bank account is exempted from garnishment, do I still need to show up at the hearing?

    Answered about 4 years ago.

    1. Alan James Brinkmeier
    2. Meika Beth Mersman
    3. Dorothy G Bunce
    3 lawyer answers

    In Cook County, IL, in order to protect your bank account, you should go to the court hearing to testify that your account is exempt. The bank may not have the information to show that your account should be exempt and you may have to file documentation with the Court. It is in your best interest to attend the Court hearing.

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  6. Can misrepresentation of facts lead to a voidance of a sale and can you sue for the return of a pet?

    Answered almost 4 years ago.

    1. Bernard James Conway
    2. Laura Mcfarland-Taylor
    3. Meika Beth Mersman
    3 lawyer answers

    I agree with the above responses that more information is needed. However, to simply answer the question of whether it may be possible to sue for the return of property under a contract due to false information, the general answer is yes (with the right facts). This would be a case of fraud, and more specifically, fraud in the inducement to enter into a contract. Cases of fraud can be confusing to present to a court, so it is recommended to contact an attorney.

  7. I am a foster parent to a minor relative who's mother (my cousin) passed away last month. The state was terminating her rights

    Answered almost 4 years ago.

    1. David Matthew Gotzh
    2. Meika Beth Mersman
    3. Eliz C A Johnson
    3 lawyer answers

    As stated above, it is always a good idea to contact a probate attorney to speak in detail about all of the issues involved in a case like this. However, to give you some ideas, if the child is named on the bank account, the account may not even be an estate asset, but could simply transfer to the child. You could hold the account for the sake of the minor child under a UTMA account (Uniform Transfer to Minors Act). If the deceased mother may have debts, it could be in your best interest...

  8. Power of Attorney

    Answered almost 4 years ago.

    1. Alan James Brinkmeier
    2. Andrew John Hawes
    3. Meika Beth Mersman
    3 lawyer answers

    In short, the trustee has power over all assets in the trust. There are also two different types of powers of attorney, one concerning healthcare decisions and another for property/assets. If the power of attorney is for healthcare, that person has no authority over the individual's assets. If it is a power of attorney for property, the power of attorney agent has authority over all assets outside of the trust. A careful reading of the documents would also help determine specifics of...

  9. My 15 yrs old grandson has been told he cannot come to live with his dad because his mom has full custody.

    Answered almost 4 years ago.

    1. David Matthew Gotzh
    2. Meika Beth Mersman
    2 lawyer answers

    This is something that would have to be worked out under the parents divorce proceedings. The father should file a motion to revise/revoke the custody agreement. He should consult with a divorce attorney to make sure his rights, and the rights of his son are protected.

  10. If a person dies leaving a will and names a acting trustee with a revocable trust declaration,does the will or probate need to

    Answered almost 4 years ago.

    1. Meika Beth Mersman
    2. James Brian Thomas
    2 lawyer answers

    First, in IL a will is supposed to be filed with the local Court within 30 days of a person passing away. It is free to file the will and must be done regardless of whether there is a trust or probate is needed. Second, the need for probate is based on several factors, and do I suggest that you consult with me or another IL attorney. If all of the person's assets are in their trust, probate is usually not needed. If there are assets under $100,000 (not including real estate) outside of...