What happens if a vehicle owner in illinois signs over a car title but dies before it is transferred to the new owner? Is the sale void?
The transfer is valid as of the signing of the title. When the new owner registers the title is irrelevant.
My mother maintains control over my mentally handicapped brother who lives in a care home. If my mother were to pass away, would control of my brother go to the next of kin or would some sort of document need to be done to allow myself or another sibling make decisions for him.
By what legal right does she exercise control?
John
I agree with Attorney Davidson. You do not indicate how your mother maintains control over your brother.
Is your brother a minor (under age 18) or an adult? Has your mother been formally appointed as his legal guardian if he is over 18?
If the answer is yes, then upon her death, guardianship does not transfer to the next of kin. A new guardian would have to be appointed as a successor.
If your mother is not the guardian, then is she only a payee for Social Security purposes? In that case, if your mother died then your brother would have to assign a new payee. But being a payee does not allow the agent to make decisions for someone.
I think that if you are concerned then you probably ought to have a discussion with your mother to see what has been done and make some plans for succession planning. You also should talk to an elder care lawyer as they are most familiar with these types of situations.
I don't know what assets your mother has but she may also want to set up a special needs trust to care for your brother. In such case, she needs to see an estate planning lawyer for that.
My house was foreclosed and sold to the bank 8/23/12. I moved out but the majority of my household goods and furnishings were still inside. The mortgage company never issued a notice to vacate or serve eviction papers and even tho I had moved out I was in and out of the house on a regular basis, even communicating regularly with them and I told them I would be completely moved out and all my personal property removed by Dec 3rd. I was preparing to hold an estate sale and had just begun to move things out when the bank changed the locks, an incident i did not discover had occurred until this past Thursday morning when i went to the house to conduct last minute preparations for my estate sale (which was to be held yesterday and today). Upon arriving at the house Thursday morning I discovered Every last item of personal property had been removed and taken to a landfill. 17 years worth beautiful furnishings and memories including photos, birth certificates, etc. I am devastated! And wondering what legal right I have to sue for the thousands of dollars worth of furniture that I feel was stolen from me? As I said, they knew I was technically still occupying the house; they did not serve me eviction notice; I was regular contact with the mortgage company and they KNEW And gave consent for me to be there until Dec 3rd. They said that because I had turned off all the utilities and the locks had been changed for 1 week and I did not contact them they considered it abandoned, even tho they said and knew I would be there until dec 3rd. Do I have any recourse? Please help!
I think you are going to have a difficult time with this. Very likely, the order confirming the sale provided 30 days for possession and you should have taken better steps to cover yourself after that date. You may be able to make something out of the additional communications you had, but the burden to make the case is going to be on you. I generally work with a consumer protection law firm that deals in mortgage servicing violations to evaluate situations like this.
I bought a used car on 6/28/14 on an "as is" 60 day limited warranty. I reside in florida. as of late we have received a lot of rain and I started getting leaks of water in the truck. my work schedule and the days of operation at the dealer didn't match up. I finally took a day off to get the veh checked out. there is no seal on the top of the wind shield and the truck has taken a lot of water so there is a musty smell possibly mold by now. they have had my truck since 8/1/14 and nothing has been done to fix the issue. they have refused to cover cost stating I should've brought it back when I first bought it if there was an issue. but who dumps water on a truck to see if there are any leaks when they buy it? is there anything I can do?
For a consumer lawyer in your area, go to
http://naca.networkats.com/members_online/members/directorya.asp?token=
One would need to see all the paperwork you signed and the warranty to be able to make a decision on whether you have a case or not.
Good Luck.
How does filing for child custody work?
Can I file for child custody if she has first but my file date is sooner than hers?
If she already has an order of custody, you can file a petition for a change of custody. If not, you can file a petition for custody regardless whether she has filed one previously. You should be prepared to show the reasons why the court ought to award you custody.
