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Questions Answered by Bryan R. Bagdady
2 Answers | Asked in Estate Planning for Illinois on
Q: In Illinois, is it required to have all heirs names on the estate bank account?
Bryan R. Bagdady
Bryan R. Bagdady
answered on Aug 22, 2022

I assume that when you say "estate bank account" that you mean the account opened by an administrator or executor after a probate estate is opened. In that case, the answer is no. The account is opened in the name of the estate and the administrator or executor is responsible for that... Read more »

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2 Answers | Asked in Contracts, Personal Injury and Construction Law for Illinois on
Q: A guy wants to take my old barn down. What can I do to make sure I'm not liable for accidents etc? ILLINOIS

Agreed he could have half the wood.

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jun 20, 2022

Make sure that you have a written agreement. Although I don't see this work as falling under the Home Repair and Remodeling Act, the act requires written contracts for work in excess of $1,000. That should be a tip that a written agreement may be useful here. Have the contractor agree to... Read more »

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1 Answer | Asked in Probate for Illinois on
Q: My dad passed away with no will. My grandparents are keeping his property

They are preventing me from filing an affadavit of heirship.

Bryan R. Bagdady
Bryan R. Bagdady
answered on Mar 16, 2022

Just to be clear, affidavits of heirship are filed in conjunction with a petition to open an estate. If your grandparents have filed such a petition, you can appear in that case and let the court know where you stand and provide the court with relevant facts. If no such petition has been filed,... Read more »

1 Answer | Asked in Probate for Illinois on
Q: Can you petition to change executor of will & can home improv be paid from assets prior to probate?

Will from 1983 & beneficiaries would agree to whomever the change would be. Party in question is incapacitated but home needs work before can sell for probate.

Bryan R. Bagdady
Bryan R. Bagdady
answered on Feb 14, 2022

The short answer to your question is "yes."

The longer answer is that the executor's duty is to "carry out the wishes of the decedent," acting in the utmost good faith to protect the interests of the beneficiaries, "exercising at the very least that degree of...
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1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Social Security for Illinois on
Q: I'm on SSI Disability can I be garnished by a collection agency about a credit card that I've been unable to pay on?

It's a collection agency who is taking me to court tomorrow via a zoom call. I've not been able to pay on it due to everything going up in price and I live on a very low income and am behind on my water bill and several other bills. I was behind on rent until just recently, over a year... Read more »

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 26, 2022

Your inability to pay does not stop the entry of judgment. If there is already a judgment and you are up on a post judgment citation or garnishment, you should read and be aware of the exemption provisions of the post judgment code of civil procedure. Specifically, 735 ILCS5/2-1402 states at (b)(1)... Read more »

3 Answers | Asked in Estate Planning for Illinois on
Q: My passed away last month. She had no will. Whap happen to her house and bank account?

How to change her house to my name? And her bank account ( She had only very small amount money)?

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 25, 2022

There is no such thing as changing the house to your name. You need to look at the deed and determine how it was titled. if in you Mom's name alone, then you will need to open an estate in order to transfer the asset. If the house was titled as joint tenants, then the property will pass, by... Read more »

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2 Answers | Asked in Contracts and Family Law for Illinois on
Q: I've paid $24,000.00 in legal fees and still owe $23,000. I won my case and a judge awarded me $23,917.00 in legal fees

From the other party. Does this absolve me from the remaining fees?

Bryan R. Bagdady
Bryan R. Bagdady
answered on Dec 3, 2021

No.

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1 Answer | Asked in Civil Litigation, Family Law, Estate Planning and Real Estate Law for Illinois on
Q: how to get a family member out of home.

3 brothers have inherited a large home, one of the brothers are living there and cannot maintain the home due to alcoholism. Each has a 1/3 of real estate as stated in the will. He refused to pay the other 2 brothers rent or expenses. He needs to go to detox and rehab. He is incapable to help with... Read more »

Bryan R. Bagdady
Bryan R. Bagdady
answered on Oct 1, 2021

Illinois has a partition statute to handle situations concerning jointly held real property. The statute is found at 735 ILCS 5/17-101, et seq. If you read section 105 you will see that the court has the power to determine if the property can be divided among the parties without prejudice to any of... Read more »

1 Answer | Asked in Estate Planning for Illinois on
Q: I have been separated from my husband for years and he has recently passed away. Am I entitled to anything of his
Bryan R. Bagdady
Bryan R. Bagdady
answered on Sep 14, 2021

If your husband died with a will, you should review the provisions of the will. If he died without a will, then the Probate Act provides at 755 ILCS 5/2-1, that "Sec. 2-1. Rules of descent and distribution. The intestate real and personal estate of a resident decedent and the intestate real... Read more »

1 Answer | Asked in Contracts for Illinois on
Q: I had verbal contract with my mother on a building. Now 5yrs later after paided off she evicts me for nonpayment of rent

Can she legal do that

Bryan R. Bagdady
Bryan R. Bagdady
answered on Aug 18, 2021

You have encountered a Statute of Frauds Issue. I authored a blog on this topic. I think it is relevant. Portions are stated below:

If you enter into contracts in Illinois, you should at least be aware of the Frauds Act. Illinois law limits certain claims and actions if they are not...
Read more »

1 Answer | Asked in Collections for Illinois on
Q: Judgement vs collections question

Defaulted on a bank line of credit. They won a judgement. They are trying to collect in court but they sold the debt to a collection company. Is it legal to double dip?

Bryan R. Bagdady
Bryan R. Bagdady
answered on Aug 10, 2021

Selling a judgment is not double dipping. During a post judgment proceeding you will be entitled to a credit for payments you made toward the judgment. From your question it does not appear that you have made any such payments. By selling the judgment the judgment creditor has simply transferred... Read more »

2 Answers | Asked in Estate Planning and Probate for Wisconsin on
Q: If a will is signed by the testator on one date and the witnesses on a different date is the will still good?

will created and signed in California for a now Wisconsin resident

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jul 8, 2021

NO. 755 ILCS 5/4-3 requires that every will be in writing, signed by the testator or by some person in his presence and by his direction and attested in the presence of the testator by 2 or more credible witnesses. Under your scenario, the "credible witnesses" did not attest in the... Read more »

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2 Answers | Asked in Contracts, Civil Litigation and Collections for Illinois on
Q: If I won monetary judgement and know that the other party will not pay, what is the next step?

I won my case for selling a car with a vehicle sales agreement. The other party did not show. I see lots of things on the docket that I am not sure about. Due Date , satisfied, 851- Judgement, what do these headings mean?

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jun 30, 2021

You should reference 735 ILCS 5/2-1401 for post judgment proceedings. Make sure that your order is final and appealable, meaning that it resolves all claims brought against all parties in the action. Assuming that to be the case, you will likely want to file a citation to discover assets, a... Read more »

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3 Answers | Asked in Estate Planning and Probate for Illinois on
Q: My dad passed away and without my knowledge my sister sold his home and kept the money.What can I do to receive my part?
Bryan R. Bagdady
Bryan R. Bagdady
answered on Jun 6, 2021

Assuming that your sister did not have proper authority to sell the property or act on behalf of your father's estate, then you need to open an estate (assuming one is not open) or intervene in any pending estate and have the authorized representative file a petition to recover assets. There... Read more »

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2 Answers | Asked in Estate Planning for Illinois on
Q: I am moving to the suburbs and I have a condo I want to give the condo to my son .

There is still a mortgage on it and just want to know as long as he takes over the mortgage I want to give him the property

Bryan R. Bagdady
Bryan R. Bagdady
answered on May 11, 2021

Ownership, leases, and security interests are all separate matters. You are free to gift or sell the condo to your son, but that does not eliminate or transfer the mortgage. You should look at your mortgage loan agreement to see if it has a due on sale clause. If you "sell" the unit to... Read more »

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1 Answer | Asked in Contracts for Illinois on
Q: Is there a downside to not answering Affirmative Defenses and Counterclaim directly ?

Plaintiff sued in contract case (Law Division, Cook County IL). I filed Answers, Aff. Defenses and Counterclaim. Plaintiff did not file a formal answer; rather, they filed Motion for Summary Judgment. Did they forfeit any legal points or put themselves to disadvantage by doing so?

Bryan R. Bagdady
Bryan R. Bagdady
answered on Mar 30, 2021

Yes they did. Motions for summary judgment are controlled by 735 ILCS 5/2-1005. If you are responding to a motion for summary judgment you need to become familiar with this statute. As a general principle, the court will grant summary judgment if the pleadings, depositions, admissions, and... Read more »

3 Answers | Asked in Contracts, Copyright and Patents (Intellectual Property) for Illinois on
Q: Is there a type of disclosure document that I can use to protect an IP idea that i am working on, before it's designed?

I have an idea that I'm working on that will have to be patented, but i am reluctant about asking people with the knowledge to build the idea for assistance as they may steal it and create it themselves. Is there a type of disclosure document that I can use to protect my idea?

Bryan R. Bagdady
Bryan R. Bagdady
answered on Mar 24, 2021

We call then NDA's. You need a signed non-disclosure agreement before you disclose your intellectual property to any party. Remember that public disclosure of a patent idea before you file the patent can interfere with your claim of property protection.

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3 Answers | Asked in Estate Planning for Illinois on
Q: My mother passed away with an irrevocable family trust. Under the terms I am the beneficiary. How do I get assets?

My father is executor and for two years has refused to give me info unless I sign 1/2 to him. This was from my grandparents estate. What actions need to be taken?

Bryan R. Bagdady
Bryan R. Bagdady
answered on Mar 2, 2021

The term executor applies to probate and wills. From your question it sounds like your father has control over a probate estate and a trust. You need to review the Illinois Trust Act. Judicial proceedings and jurisdiction over disputes are identified in sections 201 and 202. The state:... Read more »

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1 Answer | Asked in Estate Planning for Illinois on
Q: Husband passed away with no will kids taking whatever they want

I was married for 21 years and have been seperated for the past 3 years. My husband recently passed away and didn't have a will and our two oldest children are just taking whatever they want from the house without even asking me what I want. We had a watch business and we have amassed quite... Read more »

Bryan R. Bagdady
Bryan R. Bagdady
answered on Dec 9, 2020

Under the Illinois Probate Act, the intestate estate (property of a person dying without a will) is divided between the spouse and the children. The act states at 755 ILCS 5/2-1 as follows: "Sec. 2-1. Rules of descent and distribution. The intestate real and personal estate of a resident... Read more »

1 Answer | Asked in Civil Litigation and Estate Planning for Illinois on
Q: Executor of estate is possibly going against what is written in the will.

My father recently passed away. One of the siblings is the executor, but my other sister and I feel that the other sister is going against what the will says. She’s not letting us in the house, (we fear she’s already taken things that were meant for everyone to have a fair chance to pick out... Read more »

Bryan R. Bagdady
Bryan R. Bagdady
answered on Nov 3, 2020

The executor is lawfully charged with the obligation and the right to marshall the estate assets. Part of the obligation of marshalling includes protecting assets. The executor would be within her rights to secure the house. Having said that, the executor is also obligated to file an inventory... Read more »

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