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Charles Todd Newland
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Charles Newland’s Answers

6 total

  • Can we request a signed paper bill, not in email attachment form from lawyer?

    we want to recieve signed paper bill from lawyer for his service.

    Charles’s Answer

    You can ask but unless it's required by the terms of your retainer he is not obligated to provide it.

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  • My husband recently passed away. He had no interest in any real estate, stocks, etc. Am I responsible for his medical debts?

    He had some personal effects and we had some joint bank accounts which have reverted to me now. What are my liabilities relative to the possiblity of medical bills that may not be covered by Medicare and our supplement? At his last stay in the h...

    Charles’s Answer

    While you may have liability under the family expense act, if insurance or medicare pays for most of the bills and there is no probate estate open because his assets are below the probate limit ($100,000) they probably will not pursue you for the difference. Even if there is no insurance or medicare payments, they may not pursue you if there is no probate estate.

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  • How can I obtain property in illinois via adverse possession way? Is it hard to do? Is it recognized in illinois (ownership)?

    With many foreclosed property in illinois, what are my chances of successfully obtaining great property via the adverse possession route? What are the legal realmifications involved? Can it work? How do I get started? I need a place to call ho...

    Charles’s Answer

    Adverse possession is recognized in Illinois but your question really does not pertain to your situation. It applies in a situation where you physically occupy property owned by someone else and your occupancy is open for the owner to see with no objection for at least 20 years. It usually occurs with lot line disputes or vacant land. It does not really apply in a foreclosure situation for a home. If you want to acquire a home through foreclosure you need to attend a foreclosure sale.

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  • In Illinois, can a lender come after us if we do a short sale on our home?

    We are now in the foreclosure process, and we were considering doing a short sale on our property.

    Charles’s Answer

    The short general answer is yes. Unless the lender gives you a full release for the deficiency, (the difference between the net proceeds from the sale and what you owe) the lender can pursue you to collect on what you owe. While many have yet to do this yet, it is early in this crisis and the statute of limitations on breach of a written contract is 10 years. The lender can also sell your debt to a debt collection company and that company can pursue you at a later date.

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  • I'am POA for dementia father. Now to be his Guardian. Do I have to appear in court or how is this handled?

    My father, who has dementia, has had an anger ouburst at a new facility he was transported to. He is now in a ward. I'am now, to be his guardian. Is this a court appearance for me or does a judge handle this without my appearance. I've been told b...

    Charles’s Answer

    In most instances you will have to appear in court for your appointment. Most judges like to size you up and instruct you on your responsibilities as a guardian.

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  • How can I obtain Guardianship & Conservator for my father in another state?

    A Michigan attorney petition for guardianship,without seeking if I was willing to become Guardian. Other siblings live in the same state, but are not financially able or stable to care for my father. I think the courts are working together to depl...

    Charles’s Answer

    You definitely need to hire an attorney in the state where your father resides. However, under the recent Uniform Adult Guardianship Protected Persons Jurisdiction Act you may be able to get guardianship in your state if your dad has "significant contacts" with that state. The Act has not been passed by all 50 states and because it is so new there is very little case law interpreting the act. If you have to go into a foreign jurisdiction to get guardianship of your father there I would recommend that you file a petition asking to be appointed co-guardian with a local bank, trust company or other local corporate fiduciary that the court there is familiar with. It will relieve the court of any practical concerns over you managing things for your father from another state and give you credibility.

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