Johnston Tomei Lenczycki & Goldberg LLC

Johnston Tomei Lenczycki & Goldberg LLC Blogs

Blog Authors

Latest from Johnston Tomei Lenczycki & Goldberg LLC

You have recently commissioned the construction or remodeling of a home or business. Nearing the end of the work something goes wrong and it results in a lack of payment to your contractors. Perhaps something was not made to spec and you need it done right before final payment. Perhaps you have paid in full, but your contractor is asking for more than you agreed to.
As a result of this payment dispute, your contractor filed a mechanics lien against your property. What does it mean, and what should you do about it? That is what we’re here to answer
Continue Reading My Contractor Filed a Mechanics Lien. What Should I Do?

 
Can a Debt Collector do that?
Despite what some may believe, debt collectors do not have full reign when attempting to secure payments for defaulted accounts. The Fair Debt Collection Practices Act (FDCPA) prohibits third-party collectors from verbally harassing and using other tactics meant to pressure the debtor into making agreements that he may not be able to keep.
The best way to ensure fair treatment as a debtor is to hire an attorney.
What exactly is the FDCPA?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits the powers of third-party debt collectors. This
Continue Reading Fair Debt Collection Practices Act (FDCPA) and Debt Collection in Illinois

A 2018 report by the United States Census Bureau revealed that about 6.6% of marriages in Illinois end in divorce. Notably, only a fraction of divorces in Illinois are resolved via litigation in a formal court trial. Most divorces are resolved and finalized via mediation. Here is a comprehensive overview of how the divorce mediation process in Illinois works, what to expect, and how to prepare.
The Mediation Process in Illinois – What to Expect
Divorce mediation involves consulting a trained and certified mediator to help you resolve contentious issues regarding your divorce. Mediators adopt a neutral position throughout
Continue Reading The Divorce Mediation Process in Illinois

 
One of the most common questions that lawyers get from clients is ‘how long will the litigation process take?’ This is an important question when it comes to planning because it helps you budget for your finances, especially on how you will pay your attorney.
However, there is no specific timeframe for litigation cases because each case is unique. Your attorney should review your case and give you an approximate time for the case.
What Is Litigation?
Let’s first start by defining litigation. Litigation is the process of taking a dispute to a law court. It is a practical
Continue Reading Litigation: How Long Does It Take To Litigate a Case?

If you’re involved in a divorce case in Lake County, Illinois, you may be concerned about the potential impact your divorce might have on your children. The state of Illinois requires divorcing parents to attend the Illinois Parenting Course (IPC) prior to finalizing their divorce case and receiving their final order of child custody and parenting time.

The goal of the parenting program is to build about co-parenting, post-separation, and the best ways to care for children. The classes offered in Lake County will not be that different from the others- they are all based on the same essential goals.
Continue Reading Illinois Parenting Course in Child Custody Cases: Everything You Need to Know

 
POWER OF ATTORNEY DOCUMENTS – COLLEGE KIDS
When most people think of estate plan documents, they think that is something that you do when you are older, have a family, have a house, etc. However, that is absolutely not the case!
While people under the age of 18 automatically have their parents in charge of their healthcare and property decisions when something happens to them, once they turn 18 that designation no longer exists. In particular, when a person goes away to college, they may be far away from home and may be involved in situations that increase the
Continue Reading What Estate Planning Documents are Needed Once My Child Turns 18?

 
There are many important decisions to make when selling or buying a home, and hiring a real estate attorney is one of them. A real estate attorney can represent you in negotiations with the other party, help you understand your rights and obligations under the contract, and protect your interests if the deal goes south.
Let’s say you are considering the possibility of buying or selling a house in Lake County, Illinois. There is a good chance that you need to consult with a real estate lawyer before proceeding with such a transaction. Here are some things you must
Continue Reading Things to Know Before Buying a Home in Lake County Illinois

 
Nowadays, having a blended family is becoming increasingly common. This can cause estate plan documents to need additional details in order to include or exclude children from a spouse’s previous marriage as beneficiaries of an estate plan.
STEP-CHILDREN
When it comes to step-children from a spouse’s prior marriage, it is up to you to decide if you would like to include or exclude those children as beneficiaries of your estate. This decision can stem from multiple factors such as whether you are close with the children, if you have your own children who you would prefer receive all of
Continue Reading Estate Planning For a Blended Family

 
A person who may feel their safety is in danger may request the court to issue them an Order of Protection.
The legal order will prohibit a person from committing any domestic violence acts or contacting the people protected by the order. The order also serves several protective reliefs like removing licensed firearms from the home, adding other people to the order, and general use of the home.
Once the court issues the orders of protection, it will require the person to stop certain behaviors like contacting or abusing the person requesting the order. Most restraining orders are related
Continue Reading How to Fight an Order of Protection

 
Many people often wonder how to transfer car ownership after the death of a loved one. While the family may have certain plans or expectations of distributing the car, it is best to follow the right process to transfer the vehicle to another person.
There could be challenges and difficulties in handling the situation among family members. However, the family can follow various steps and may engage an estate planning attorney to make the process smooth. Read on to learn more about transferring a car title after the death of a loved one.
Transferring Ownership of a Vehicle When the
Continue Reading How to Transfer a Car Title upon a Person’s Death

Illinois is an “equitable division” state, which means that during a divorce, all marital property should be equitably divided between the parties. Some assets are easier to split, like shared savings accounts and vehicles. But for some, it gets even harder to negotiate who keeps what and who leaves it. This includes dividing a family home and dividing a business and all its assets.

It doesn’t matter who spent most of their time working to build the business; if it was started after marriage, it automatically becomes marital property. In circumstances where one spouse started the business before
Continue Reading Businesses in an Illinois Divorce and How They Are Divided During the Process

As you are perusing listings online, you may come across stipulations on certain houses that are considered “As-Is” property. For some, this is a big enough red flag to make them run away from the home listing as fast as possible. Others would see it as a necessary point in the real estate world.

The truth is that neither is 100% accurate, hence it is very important to understand what the term “as-is” means before you decide whether it’s worth considering buying the house or not. Read on to find out more!
What does the term “as-is” mean in real
Continue Reading “As-Is” In Real Estate Transactions

Division of property can be one of the most divisive moments during a divorce, because not always does everyone get exactly what they want. This is especially so when you live in a state like Illinois.
Illinois is an equitable distribution state, which means that marital assets are not equally distributed between spouses. Rather than dividing everything 50/50, the judge looks at each party’s current condition and future needs to determine what they get. Most cases are resolved with 70/30, 60/40 splits, and rarely some even give all marital property to one party.
The state of Illinois considers several factors
Continue Reading Splitting Marital Property During a Divorce

 
The Illinois Domestic Violence Act (IDVA) was enacted in 1982. It enabled protection to a greater class of persons who have been abused by a family or household member. Under the Act, survivors of domestic abuse such as “persons related by blood or marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, and persons who have or have had a dating or engagement relationship” could now be warranted safety under the law.
With an Order of
Continue Reading When is an Order of Protection Warranted?

A life insurance policy is a safety net for your loved ones. It’s ensuring they are well taken care of when you’re not there. This policy contains the following information;
The death benefit – The amount of money to be paid when the insured person dies. It’s usually income tax-free.
The beneficiaries – These are the people who receive the death benefits. Beneficiaries don’t have to be loved ones or people close to you. You can leave part or all your death benefits to an institution or entity.
The policy term – The length of time for which the insurer
Continue Reading How to Claim a Life Insurance Policy upon a Person’s Death

 
When you’re ready to start building the home of your dreams, you’ll need to hire a contractor to do the work. But how can you be sure that the contractor you choose is reliable and trustworthy? As with most transactions, it’s important to seek advice from other people who have used their services in the past before making any hiring decisions. Here are five tips to help you vet contractors before hiring them to be confident about your choice and avoid any surprises along the way.
1) Ask for referrals
Ask people you trust for their contractor recommendations. Word
Continue Reading Tips for Hiring a Contractor