Attorney Michael Crosby answers questions sent in by our viewers. In an effort to protect viewer confidentiality, please understand that we are only using first names, and we may alter the location and the nature of the question somewhat.
QUESTION #1
ALAN: Is there a way to protect one’s financial well-being when an illness takes away your ability to communicate and decide on issues affecting one’s home and other assets?
MICHAEL: The power of attorney for property enables a person you choose to make decisions to preserve your assets for your family when you cannot.
QUESTION #2
ALAN: What documents do you need to pass your property after you have passed on?
MICHAEL: A last will and testament provides an executor to gather your assets, pay your final bills, and distribute the bounty of your estate to your loved ones.
QUESTION #3
ALAN: Our first question comes from Vince in Winnebago…my father passed away, and I found out I was named as executor in his will, what do I do now?
MICHAEL: File the will with the courthouse where you live and contact an attorney on what your duties are as executor to pay your father’s last bills and provide for the family.
QUESTION #4
ALAN: This next question comes from Genevieve from Machesney Park…Several years ago, my husband was ordered to pay child support to his first wife for two children and now the oldest is eighteen and out of high school…We have received a petition for child support from the ex-wife, but don’t know where to turn…We saw in the newspaper that support is different now…What’s the difference?
MICHAEL: This is a critical time for you to seek an attorney’s help; the new support method takes into account the income of both parents and has a new method of calculation in setting an amount of child support.
QUESTION #5
ALAN: The next question comes from Mitchell in Rockford…MY Brother has just gotten out of prison, he has just started a job, has little money, but lost a house before he went to prison, and the bank is hounding him for money owed on the house. Is there anything he can do to get relief from this old debt?
MICHAEL: Your brother needs to come in and see an attorney to check if he meets the income standards required to file for bankruptcy on the money the bank is going after him for on the old house.
QUESTION #6
ALAN: This next question comes from Rebecca from Loves Park…I was driving my car home from an office party and was stopped by a police officer, and he asked me to blow into a breathalyzer machine. I refused. Now I have a letter from the Secretary of State’s office saying my driver’s license is suspended for six months…I can’t get to work without my car…What can I do to get some help?
MICHAEL: When you sign your driver’s license, you also sign a consent to the breathalyzer test when asked. Your suspension was increased due to refusal. You will need an attorney to go with you to a hearing with the Secretary of State for a permit to drive to work.
QUESTION #7
ALAN: Our final question comes from Joe in Davis Junction… My son was driving our car and got in a rear-end collision…We have received a letter from an attorney threatening to seize our house for the damages to the other driver, since it was our car…Can they take our house for something our son did?
MICHAEL: Illinois is not a permissive use state when it comes to liability for an auto collision. Your son is liable for his negligence in the collision you are not liable for his negligence.
