Frequently Asked Questions.
Clear, plain-English answers to the questions clients ask most often about civil rights, estate planning, and real estate.
Understanding your rights against government actors.
Not necessarily. Movies and TV shows often depict police officers telling arrestees upon their arrest that they have the right to remain silent and that they have the right to an attorney. These are called "Miranda rights."
Contrary to popular belief, police officers are not required to read you your Miranda rights, unless and until you are subjected to a custodial interrogation. This means that you must be in police custody and questioned pursuant to an investigation. Simply being arrested does not mean that a police officer must read you these rights.
The difference between these claims centers on who caused the injury or violation. Civil rights claims arise from constitutional violations and are against government actors. Some examples of government actors include police officers, public school officials, and individuals employed by city, state, and federal agencies.
In contrast, personal injury claims arise from injuries caused by private individuals and businesses. These claims stem from the violations of state laws.
The answer to this question is fact dependent. Generally speaking, a police officer must have a valid warrant supported by probable cause and signed by a judge in order to enter a private residence to search the home and/or arrest an occupant. However, a warrantless entry is permitted where exigent circumstances exist.
Exigent circumstances are circumstances that would cause a reasonable person to believe that someone, including the police officers, may be in immediate danger. Exigent circumstances also exist when there is a reasonable belief that relevant evidence is being destroyed or a fleeing felon is inside the home.
In the civil realm, the statute of limitations is a law that requires that a civil claim (i.e. lawsuit) is filed within a certain time period after the underlying event occurs.
Most federal civil rights claims must be filed within two years of the event that triggers the claim. In some circumstances, the statute of limitations is one year from the date of the incident. Most state-law claims have much shorter statutes of limitations. Many are one year or less.
Civil rights and state-law claims that are filed after the statute of limitations will be dismissed as untimely. This means that the court will not allow you to pursue those claims whatsoever.
The statute of limitations period depends on the particular claim. You may or may not have several claims available to you.
If you believe you have a civil claim, it is imperative that you speak to an attorney immediately so action can be taken prior to the statute of limitations deadline. Contact us today so we can assist you.
Protecting your family, your property, and your legacy.
An estate plan is simply a plan for the future comprised of a collection of documents such as wills or trusts and powers of attorney that dictate how your property is to be divided upon death, who will be appointed as the legal guardian of your minor children upon death, and who will make decisions concerning your health and finances in the event that you are unable to make those decisions on your own.
An estate is made up of your property. Almost everyone has an estate. Most estates include a car, a home, money, various investments, jewelry, life insurance policies, furniture, and other personal possessions.
An estate plan is important for everyone no matter your life circumstances. It is particularly critical for parents with children under the age of 18 because it allows you to designate who will care for your children in the event of your death. Without a will, a court will make that decision for you.
A will (or a trust as an alternative) is required if you wish to control how and to whom your property is distributed upon death. Without it, your property will be distributed according to state law, often in ways you would not desire.
Trusts and wills are estate planning tools that are used to accomplish different goals related to the distribution of your property upon death. Those goals, combined with your particular life circumstances, dictate whether a will or a trust is appropriate for you.
During your free consultation, we will take the time to explore your unique circumstances and help determine what estate plan is best suited to carry out your wishes going forward.
A power of attorney is often included in an estate plan. It is a critical legal document as it allows you to predetermine issues concerning your health and finances in the unfortunate event that you are physically or mentally incapable of making those decisions in the future.
For those who wish to pass their assets onto someone with whom they do not have a binding legal or familial relationship, such as an unmarried long-term partner, a will or trust is required. With neither the benefit of a will or trust nor a relationship recognized by law, your loved one will be left with nothing upon your death. A proper will puts the power of distributing your assets in your hands.
Navigating the buying, selling, and closing process.
A real estate closing is the final step in the home buying or selling process. During a closing, the buyer formally purchases the home by issuing a check to the seller at the agreed-upon purchase price. The seller transfers the deed to the buyer and the title company registers the new deed with the appropriate governmental agencies. When the closing is over, the transaction is complete.
You are not required to retain an attorney for real estate transactions under Illinois law. However, failing to do so puts you at risk of the transaction falling through. You can also lose a significant amount of money and possibly even face a lawsuit.
An attorney is the only professional who can help you mitigate or eliminate those risks. To do that, an attorney will review the contract, deed, and title to ensure that a clean title is transferred and that you are able to sell or buy your home without issue.
An escrow account is an account where money is held by a third party for the benefit of the buyer or seller.
Escrow accounts are used to protect the buyer's money in the event that the seller does not fulfill his or her contractual obligations. They also hold the buyer's property tax and insurance money for the duration of the mortgage loan.
Still have questions?
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