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What should you consider if you have received a notice of disciplinary proceedings against your professional license?
In Illinois, professional licensure is overseen by theDepartment of Financial and Professional Regulation (“IDFPR”). Consequently, the IDFPR oversees all aspects of licensing from testing requirements down to discipline. Hopefully, most licensed professionals deal with the former and not the latter; but what should you consider when you receive a notice of discipline from IDFPR?
In this article, we will explain defamation law in Illinois. In order to state a cause of action for defamation in Illinois, the plaintiff must allege the following elements:
The purpose of this article is to provide a summary of Illinois franchise law and federal franchise law as applied in Illinois. Because franchises are governed by both federal and state regulations, franchise law is complex, and an experienced franchise attorney should be an essential part of your team, whether you are a franchisor or franchisee.
WHAT IS THE DEFINITION OF A FRANCHISE IN ILLINOIS?
It is important to understand that regardless of the label that the parties to an agreement place on the agreement (e.g. joint venture, licensing agreement, consulting agreement), the relationship between two parties will be considered a franchise, and therefore will be subject to state and federal franchise laws, if the relationship possesses the legal elements of a franchisor/franchisee relationship. The elements of a franchise vary slightly from state to state. However, Illinois has adopted the federal definition of the term "franchise."
In this article, we discuss Illinois Franchise Laws that may affect you in the year 2021, including:
General contractor agreements for construction projects contain many provisions that are subject to negotiation between the owner and the general contractor based on the specifics of the project and the relative negotiating power of each party. The purpose of this article is to explain the most important clauses in general contractor agreements for construction projects. We will explain the purpose of each clause as well as negotiation considerations between the owner and the general contractor.
When you sign a contract for the purchase or sale of residential real estate, you will typically have 5 days to review the contract with your attorney in order for your attorney to modify its terms. Check out our previous article, Attorney Modification of Residential Real Estate Contracts, for more on this topic. In this article, we will discuss the top 5 things you should be on the look out for when reviewing the contract with your real estate attorney.
Wondering if you can sue a real estate agent for negligence? Negligence, such as failing to disclose crucial property details, can be costly. This article outlines when you can hold your agent legally responsible and the steps to take action, helping you understand your rights and the path to potential compensation when you decide to sue your real estate agent for negligence.
Only an active will can be contested. Wills are activated upon the testator’s death, when they are filed with the court to begin the process to settle an estate.
If a person with an interest in the estate, such as an heir, beneficiary, or creditor of the decedent, believes the authenticity of a will is questionable, they have the right to contest the will in question. A will cannot be contested simply because interested parties are unsatisfied with its terms. Verbal confirmation of a will’s terms is not considered valid grounds to contest either.
When someone passes away, the person responsible for administering his or her estate (the “executor” or “administrator”) has a responsibility to determine who the deceased owed money to (known as a “creditor”) and to either pay the full amount owed from the estate or provide the creditor with proper notice of the estate. In this article, we explain the duty of an estate executor to determine creditors of the estate and provide notice of probate in Illinois.
In this article we will explain the procedure for will contests in Illinois probate cases. We will discuss the difference between will contests and formal proof of will hearings, the causes of action, defenses, and burdens of proof for Illinois will contests, the Illinois statute of limitations for will contests, as well as several procedural issues regarding will contests such as who has standing to contest a will, who is entitled to notice of a will contest, the executor’s duty to defend the will, and who is responsible for paying attorney fees in a will contest.
In this article, we’ll discuss whether or not a creditor can file a claim against a living trust and what level of reach a creditor has against assets in a living trust. Setting up a living trust, also known as a revocable trust, is a common part of estate planning and acts as a way for certain assets to avoid probate.
In this article, we explain trust reformation in Illinois. Even the best plans can face unexpected hurdles. If a will or trust does not address unforeseen circumstances, one can expect litigation by competing beneficiaries.
Probate is a court case during which the court oversees the management and distribution of a deceased individual’s estate. Probate is required in Illinois when a deceased individual owned any real estate outside of a trust and without a deed indicating joint survivorship, or at least $100,000.00 in assets outside of a trust or outside of payable-on-death accounts.
In this article, we explain how to challenge and revoke an existing guardianship in Illinois. In the case of both minor guardianship and the guardianship of an incapacitated adult, the guardianship arrangement can be challenged and revoked under Illinois law. Guardianship is a court-appointed order, and therefore requires a court order to modify or terminate the guardianship appointment. We will discuss in detail the process for challenging guardianship of a minor and challenging the guardianship of an incapacitated adult.
What is needed to become a guardian in Illinois? In this article, we will explain the minimum requirements of being a guardian in Illinois and what factors can influence a guardianship in Illinois.
In this article we will explain the different ways that a guardianship can end in Illinois. Since guardianship is a court-appointed order, only an order from a court can end or modify an existing guardianship. However, there are instances when a guardianship may end without court involvement. We will explain what happens if a guardian dies, what happens to a guardianship if the ward dies, what happens if a guardian resigns, “when does a guardianship of a minor end?”, and “how can guardianship of an incapacitated adult end?
In this article, we will explore housing discrimination laws in Illinois based on sexual orientation and gender identity. We will answer the question: “can a landlord deny a tenant based on sexual orientation?” We will also discuss legal protections from housing discrimination in Illinois and how to prove housing discrimination in Illinois.
In this article, we answer the questions, “can a landlord require tenants to pay rent by ACH transfer in Illinois?” and “can an Illinois landlord require a tenant to pay rent via specific methods?”
In this article, we will provide an overview of Breach of Contract law in Illinois with a look to the future. We will discuss:
In this article, we will explain some of the remedies most commonly used for breach of contract cases. Five remedies for breach of contract include: “Award of Damages”, “Restitution”, “Rescission”, “Reformation”, and “Specific Performance”.
Ever wondered what is needed for a contract to be legally binding? The answer lies in four critical ingredients: an offer, acceptance, consideration, and mutual intent to establish a legal commitment. In this article, we’ll briefly highlight these key components, setting the stage for a deeper understanding of each and how they interplay to form a solid, enforceable contract.
In this article we explain family settlement agreements for Illinois probate litigation and trust disputes. A family settlement agreement can be used to resolve ambiguities within a trust or will in order to avoid tension between family members and costly litigation. We will answer the questions, “what is a family settlement agreement in Illinois probate or trust cases?” and “what can family settlement agreements in probate or trust cases resolve?”
In this article, we’ll discuss whether or not a creditor can file a claim against a living trust and what level of reach a creditor has against assets in a living trust. Setting up a living trust, also known as a revocable trust, is a common part of estate planning and acts as a way for certain assets to avoid probate.
The probate process is where a court checks the validity of a will and then oversees the proper disbursement of assets identified in the will as a gift to another person or entity. Historically people have used a last will and testament to make their wishes known regarding how their property is divided after their death and to give instructions as to things like funeral arrangements. Probate can last around a year, depending on the size of the estate, the complexity of the estate, issues with creditors, and if there are any will challenges or other legal issues.
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