Claimed Lawyer ProfileQ&A
- Estate Planning
- Family Law
- Foreclosure Defense
- Free Consultation
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- Associate Attorney
- George Pecherek & Associates, P.C.
- - Current
- Family Law, Estate Planning, Estate Litigation, Estate Administration, Bankruptcy
- University of Wisconsin Law School
- Honors: Graduated Cum Laude, Moot Court Board Member and Coach, Semi-Finalist at Stetson International Environmental Moot Court Competition, North America (Atlantic Regional), Spring 2009ABA-BNA Award for Excellence in Health Law
- Activities: Center for Patient Partnerships Patient Advocate, Fall 2008
- Northwestern University
- B.A. | Political Science
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40 Questions Answered
- Q. How do I revoke guardianship of a minor? My parents received this in 2006. I'm back & stable & want full custody back.
- A: As far as I can tell from researching this issue, a minor can only end a guardianship when they attain the age of majority, or if you can convince one of your parents to file a petition and prove, by a preponderance of the evidence, that a material change in the circumstances of the minor or the parent has occurred since the entry of the order appointing the guardian warranting removal of the guardian. They would have to convince the court that it is in your best interest to remove that guardianship.
- Q. CERTIFICATION AND AGREEMENT BY COUNSEL
- A: Yes. If you are in agreement you can both just sign the certification and agreement by counsel. Then you go to the motion/scheduling clerk with this signed agreement to get a "prove-up" date, in which you both will need to go to court. At this time, the judge will ask you questions and then you can get divorced. I recommend you ask legal aid to put your agreement in writing so that you can present that to the court to enter on the date of your prove up.
- Q. My kids father signed voluntary acknlgmnts for our kids and now wants a perternity test, do I have to do it to get suprt
- A: Yes. I answered your question more fully where you posted it again, but the voluntary acknowledgement only raises a presumption of paternity. He may still request a DNA test, and you must comply if you want support.
- Q. Can a parent ask for DNA test if they already signed a voluntary ackknowledgement of pertinity
- A: A voluntary acknowledgement of paternity raises a rebuttable presumption of paternity. This means that he is presumed to be the father UNLESS he can prove otherwise. DNA analysis is one way to prove otherwise, and he is fully entitled to ask for this testing. If the court enters an order directing that DNA testing taking place, you must comply with the court's order. George Pecherek & Associates specializes in family law. You can find out more information here: http://pecherek.com/
- Q. My sister was given an order naming her administrator of my deceased mother's estate (she left no will). Can I contest?
- A: Yes. If you are serious about this, I HIGHLY recommend that you obtain an attorney to assist you with this process. Generally, once an administrator is appointed, they can only be removed by cause as provided for in 755 ILCS 5/23-2 (the Illinois Probate Act). A representative may be removed by petition of an interested party or on the court's own motion. As one of the decedent’s children, you are an interested party. There is one exception to the general rule that allows a court to revoke the letters of administration and issue new letters without a showing of cause as required under §23-2 of the Probate Act. This exception may very well apply to you. If the petitioner for letters of administration did not mail a copy of the petition to a person who is entitled to administer or nominate a person to administer equally with or in preference to the petitioner, then the person entitled to administer or nominate may, within three months from the date letters originally issued, file a petition seeking the issuance of new letters to himself or herself or to his or her nominee. 755 ILCS 5/9-7. At the hearing, with at least ten days' notice to the administrator, the court may revoke the letters previously issued and issue new letters. You are of an equal preference to your sister to be appointed as administrator, and therefore you were required to get this notice. If you did not receive it, then you can seek removal immediately. The ability of the court to revoke and issue new letters within the guidelines set forth in §9-7 of the Probate Act does not preclude the removal of an administrator after three months under §23-2 of the Probate Act if the aggrieved party can show cause, such as the petitioner's failure to send appropriate notice when that information was available to the original petitioner. You can seek removal by filing a petition with the court if you can prove any of the following: (1) the representative is acting under letters secured by false pretenses; (2) the representative is adjudged a person subject to involuntary admission under the Mental Health and Developmental Disabilities Code [405 ILCS 5/1-100 et seq.] or is adjudged a disabled person; (3) the representative is convicted of a felony; (4) the representative wastes or mismanages the estate; (5) the representative conducts himself or herself in such a manner as to endanger any co-representative or the surety on the representative's bond; (6) the representative fails to give sufficient bond or security, counter security or a new bond, after being ordered by the court to do so; (7) the representative fails to file an inventory or accounting after being ordered by the court to do so; (8) the representative conceals himself or herself so that process cannot be served upon the representative or notice cannot be given to the representative;(9) the representative becomes incapable of or unsuitable for the discharge of the representative's duties; or (10) there is other good cause. You should contact an attorney that specializes in this area of law. George Pecherek & Associates does. You can find us online at http://pecherek.com/.
- Q. WHAT DOES A STIPULATION TO HEAR UNCONTESTED CAUSE MEAN?
- A: It means you have reached an agreement, and can get a prove up date. If you have not reached an agreement, but are being asked to sign this form, do not do so.
- Q. How do I get a divorce when Ive been married for 3yrs and he's been a felon on the run since?
- A: I agree with Mr. Kulerski. If you truly do not know where he is located and cannot locate him after trying to do so, you can file an "affidavit for service by publication" after filing your divorce paperwork. You do not need his signature on anything. You may want to hire an attorney to assist, as they may be able to locate him, or alternatively, can make sure that you comply with all of the requirements of service by publication.
- Q. How do I find out info on a company claiming to have filed for bankruptcy in Illinois?
- A: Ask for their case number. Then go to http://www.pacer.gov/. You will need to make an account, but from this website you can look up and access all bankruptcy cases.
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