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Lawrence Allen Stein
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Lawrence Stein’s Answers

443 total


  • Who is responsible for house expenses after death? Executor or person who inherits it?

    My mother passed away and her will states I inherit her house (no mortgage, her only asset.) Am I responsible for taking over the association payments, taxes and other monthly bills or is that the executors responsibility until probate is over?

    Lawrence’s Answer

    The executor may pay the expenses with estate funds during the probate process, but you will probably be ultimately responsible to repay the those expenses arising after the death to the executor to add replenish the estate funds.

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  • Federal Court - Defendant during discovery produced fraudulent documents, ie test results, reports, etc.

    How can you prove them to be fraudulent?

    Lawrence’s Answer

    By subpoenaing the authentic documents from whoever may have them.

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  • What is the remedy when a judge acts illegally in a civil case

    i am a defendant pro se in cook county chancery court i filed for cause a petition for substitution of judge instead of the judge sending the petition to a 3 rd party judge to determine she illegally determined the petition herself on its merit...

    Lawrence’s Answer

    I think you really have no other realistic options other than those you've identified. But you may have the advantage of two bites at the apple, as if you win, the other side can't appeal based on that error, but if you lose, you can appeal on that error, and may get a "do over." You may want to consider seeking a writ of mandamus, but I don't reccomend it.

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  • Can I take legal action? What type of case can I file against her? Do I need a lawyer or can I file Pro Se? Can I be Sanctioned?

    I like to know if I can take legal action against my sister that is withholding my U.S. Passport, Birth Certificate, Social Security Card and Marriage Certificate. She refuses to give them back to me and I have sent her a Demand letter requesting ...

    Lawrence’s Answer

    Why even bother with a lawsuit? All those things can be replaced with less hassle, delay, risk, and expense of a lawsuit.

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  • Can a 3rd party to a suit show up to say he is filing a protective order when he is not on the docket for that day?

    The other party is on for tomorrow to argue a motion to dismiss. A third party to the suit told me that they will be there, even though they are not a schedule to the proceedings, just to inform the judge of their protective order that is on the ...

    Lawrence’s Answer

    Since you seem to know this third party Is going to be asking for the protective order, it strikes me that the third party gave notice to the other parties. Giving the appropriate written notice to the parties is sufficient to bring the matter to the court's attention, though the court need not entertain the request when first raised, and may reschedule the issue raised by the third party.

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  • Is opposing counsel allowed to argue my motion for me?

    I am a pro se and when the judge asked what the motion was before him today I was just about to read it and the opposing attorney jumped in and said that he would be glad to explain it to the judge for me- before I could even get a word out.

    Lawrence’s Answer

    Yes. The judge probably would have let you argue it, but it seems from your question like you were simply reading the text of your motion. That's not appropriate. The judge can read it himself. Arguing is more than reading the motion out loud.

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  • How do I get an affidavit thrown out if I think the person is lying?

    My opponent is asking the court for summary judgement. The foundation of his request is based upon an affidavit. I am told that in this type of case that an affidavit is sufficient to accomplish his goal. The signer of the affidavit, however, i...

    Lawrence’s Answer

    That's not a basis to strike an affidavit. Affidavits are only used in proceedings before trial, to see if there is a question of fact. The best you can hope for before trial is that the judge will find there's an issue of fact. The way to do that is to file your own affidavit. If the two affidavits show there's an issue of fact, the judge can usually only resolve the issue with a trial, where both witnesses testify live. The judge (or jury) then gets to decide who's telling the truth and who's lying.

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  • Where to file small claim court complaint for internet transaction

    An internet company located in the same state as me in Illinois but is based in a different county, I reside in Dupage County and they are based in Cooking County. They are internet sellers and we have a dispute over a transaction and they refused...

    Lawrence’s Answer

    Du Page sounds good to me. Part of the transaction occurred there.

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  • What does "execute or perform" mean when you see it on the case history of events on the docket search?

    You can look up the history of events in a case online and it listed this "event" that occurred in court on a certain date but I don't know what the term means.

    Lawrence’s Answer

    It means someone was supposed to do something, didn't', the other side complained to the judge, and the judge ordered the person to do what they were supposed to do.

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  • How must I fill out the plaintiff section of a civil suite court document for a minor

    In the paper I need to name the plaintiff who sustained the injury which would be my son, however he cannot file a suite. Should I put my own name and then on behalf of then his name?

    Lawrence’s Answer

    I'm not even sure you're even allowed to file suit on behalf of your son without a lawyer.

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