Donna L Otis’s Answers

Donna L Otis

Chicago Guardianship Law Attorney.

Contributor Level 8
  1. I need legal advice on my custodial/guardianship rights

    Answered almost 3 years ago.

    1. Donna L Otis
    1 lawyer answer

    My initial advice is to obtain an attorney to represent you in the proceeding to terminate your guardianship of your grandchild. A parent can request at any time that the Court terminate a guardianship. However, the parent will have to show that they are now capable of taking care of the child. In Cook County probate court, a Guardian Ad Litem would be appointed who would represent the best interest of the child and investigate the pending petition. A home study and background check would...

  2. How do I get my 13 year old daughter back?

    Answered almost 3 years ago.

    1. Alan James Brinkmeier
    2. Dawn Weekly
    3. Donna L Otis
    3 lawyer answers

    You stated in your comment that the court granted your daughter "permanent guardianship" of your minor child. Guardianship is not permanent and you can petition to terminate or modify the guardianship. Usually to terminate or modify guardianship, you must be able to show that you are capable of caring for the minor.

  3. My mother has been deceased now over 5 years and I am trying to find out, how to transfer her property into my name?

    Answered about 3 years ago.

    1. Henry Repay
    2. Donna L Otis
    3. Steven Alan Fink
    4. Steven J. Fromm
    4 lawyer answers

    In order to determine, how to transfer the property into your name you should consult a probate attorney. For your general informaton, since your mother died without a will, she died intestate which means her assets will pass according to the laws of intestacy which are defined in Illinois statute, 755 ILCS 5/2-1. If your mother died with a husband and descendants, her estate when be transfered 50% to her husband and the other 50% divided equally among living descendants. If no husband...

  4. What is the statute of limitations for filing a will etc in Illinois?

    Answered about 3 years ago.

    1. Donna L Otis
    2. Henry Repay
    3. Herbert Warren Cooper IV
    3 lawyer answers

    In Illinois, Illinois statute 755 ILCS 5/6-1 Duty to file will - altering, destroying or secreting, states immediately upon the death of the testator any person who has the testator's will in his possession shall file it with the clerk of the court of the property county. Illinois statute 5/6-3 extends the law and provides an executor must within 30 days after acquiring knowledge he is named as executor of the will of a deceased person, he shall institute a proceeding to have the will admitted...

  5. Do you have to renew a claim againest an estate every 5 years

    Answered over 3 years ago.

    1. Donna L Otis
    1 lawyer answer

    I would advise you to contact the probate court and determine if the estate is still open. If you properly filed a claim and the claim was allowed, you should receive notice before any distribution. You should immediately determine the status of your claim and consider hiring a probate attorney to assist. It is not necessary to renew a claim if claim was filed or notice given to the attorney or estate representative by the deadline.

  6. I had taken guardianship away from parents in ny. Then I got deathly ill,i gave guardianship over to my sister.How do i get back

    Answered about 3 years ago.

    1. Barry A. Stein
    2. Donna L Otis
    2 lawyer answers

    In order to end an existing guardianship, you would need to file a Petition to Terminate Guardianship. It may be helptful to obtain an attorney in Florida who is familiar with guardianships.

    1 person marked this answer as helpful

  7. My mother die becasue of medical negligence, i was awarded guardianship of him because he was 13 when my mother passed away, if

    Answered over 3 years ago.

    1. Donna L Otis
    1 lawyer answer

    I suggest you review the settlement agreement you signed to settle out of Court and consult an attorney if you have any questions. Typically, depending on the size of the settlement the minor's award may have to be administered through the guardianship case and may require you to obtain a bond and be appointed as guardian of the estate.

    1 person marked this answer as helpful

  8. How do I obtain a copy of a legal guardianship court order?

    Answered about 3 years ago.

    1. Donna L Otis
    1 lawyer answer

    If you are aware of what Circuit Court handled the guardianship, you can contact the circuit court clerk and ask for the division which handles guardianships, usually the probate diviision, and provide your friend's name. The Court will be able to advise you if the case file is available and how to obtain a copy of the Court order.

  9. Do I need a lawyer to vacate a guardianship order?

    Answered about 3 years ago.

    1. Donna L Otis
    1 lawyer answer

    The mother would need to file a Petition to Terminate Guardianship and at a Court hearing be able to show that she is now capable of taking care of her child. The Court will generally ask for proof of income, residence, and will perform a background check. It may be helpful to hire an attorney in your area to assist with terminating the guardianship.

  10. I want to file for Guardianship of my dad. Do I have to notify my mother (his wife) that I am fileing. She was his payee and was

    Answered over 3 years ago.

    1. Donna L Otis
    1 lawyer answer

    I would consult with an attorney in your area familiar with Guardianship. I am an attorney in Illinois. In Illinois, notice when have to be given to all interested parties and therefore your mother would have to receive notice of the guardianship proceeding.