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Questions Answered by Robert Shipley
1 Answer | Asked in Real Estate Law for Illinois on
Q: Can my siblings sign and notarize a paper to leave our mother house to me when she passes away.

I've been paying taxes and up keep on her home as she lives with me for 3 yrs. 2 brothers have agreed but have not talk to 1 brother yet

Robert Shipley
Robert Shipley answered on Aug 13, 2020

If your mother is in title to the property, then if she wants to leave you the property, she can:

1. Put that directon in a will; or

2. Execute a Quit Claim Deed, to reflect a change of ownership, so that both you and your mother are listed and identified as owners.

Which...
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1 Answer | Asked in Contracts for Illinois on
Q: Possible Impaired Attorney Late on Filing Motion

There is a Motion due tomorrow for which the attorney has already had one extension. I don't think he can get another. The work product was supposed to be sent to me last week but I have only received a lot of excuses. He promised today and now has missed that promise. If he, in fact, does... Read more »

Robert Shipley
Robert Shipley answered on Aug 11, 2020

As the client, you have the absolute right to discharge your current attorney and retain new counsel. Based on the concerns you describe, it would be best for you to immediately start searching for a new attorney while advising your current attorney you no longer want them to represent your... Read more »

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Illinois on
Q: Commercial lease that ends January 2023. Jan 2021 the personal guarantees go away. What happens if we close Feb 2021?

Because of the virus,we want to close our business after the personal guarantees go away. They go away in jan 2021...but our lease doesnt end until Jan 2023....can the land lord take us to court and demand we pay for the remainder of the lease? How lenient are the courts in these kinds of... Read more »

Robert Shipley
Robert Shipley answered on Jul 28, 2020

The lease will have to be reviewed to determine what liability there may be beyond the personal guaranty as well as the potential for an early termination. There are many options to discuss with the landlord including temporary rent abatement or modification, early buyout, allowing the landlord to... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Products Liability for Illinois on
Q: I was quoted a price from a dealer with a buyers order faxed and dealer claiming they quoted wrong price. Have to honor?

I was quoted a price on a used vehicle from a dealership in Centralia, MO. The dealer quoted the vehicle at $21,905. I agreed to purchase the vehicle and the dealer sent over buyers order to my bank to secure funds. After funds were secured and the morning I was supposed to pick up the vehicle,... Read more »

Robert Shipley
Robert Shipley answered on Jul 28, 2020

Based upon your description the sales/transaction documents will need to be reviewed. Since the dealership is in Missouri, you should contact an attorney licensed in Missouri whose practice is concentrated in consumer law.

1 Answer | Asked in Real Estate Law for Illinois on
Q: renting from mother, no lease. can she kick us out and/or can we sue her

we're talking slumlord level. she won't fix up the place and we're not allowed to fix it with our own money. the electricity is not up to code, no central air, broken tiles in the bathroom, rotted wood underneath floor in one area, windows with no insulation. our fault in this... Read more »

Robert Shipley
Robert Shipley answered on Jul 27, 2020

Fundamentally, if you do not have a written lease, you can provide 30 days notice and then vacate. The landlord has the responsibility to provide a habitable apartment and of course you have the obligation to timely pay the rent. Perhaps the landlord's attitude is that they are being... Read more »

2 Answers | Asked in Real Estate Law for Illinois on
Q: How do we establish property percentage of ownership?

My siblings and I were given a property to act as our inheritance. The property has no mortgage and we are all listed as owners on the deed. We did not establish an LLC nor have we determined a percentage of ownership - I think it was assumed to be 1/3, 1/3, 1/3. However, my siblings live nowhere... Read more »

Robert Shipley
Robert Shipley answered on Jul 23, 2020

Based upon your description you and your siblings have an equal ownerhip percentage. For that to change would require the consent of your siblings and depending on what the usage of the property, it may be appropriate to consider forming an LLC. It would be best to consult with an attorney whose... Read more »

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1 Answer | Asked in Real Estate Law for Illinois on
Q: My grandparents passed and they left the house to my aunt. They have a will. What is my aunt's next step
Robert Shipley
Robert Shipley answered on Jul 20, 2020

The title to the property must be reviewed as well as the will. I am assuming from the description that your aunt's name was not on the title, but that should be verified. If your aunt's name is not on the title to the property then the will must be reviewed to determine the specifics... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: My step mom owns an apartment building that she wants to sell that was left in a will to her from her deceased mother

My step mom owns an apartment building that she wants to sell. Her mother owned it then passed away and on her Will left it for my step mom. My step mom never had it switched over to her name but has been having people live there and taking care of it for two years. How long does it take to switch... Read more »

Robert Shipley
Robert Shipley answered on Jul 13, 2020

The property must be in your step mother's name for it to be, ultimately, legally transferred. I would recommend you speak with an attorney whose focus is in Probate. Since the mother passed away 2 years ago, a probate estate will probably have to be opened so that the property can be... Read more »

1 Answer | Asked in Civil Litigation for Illinois on
Q: My sister might b suing me for a right to survivorship bank account I had with our mother who recently passed. Can she?

There is no will and I have been told this bank account is separate from the estate. She might try to prove it should be considered a convenience account.

Robert Shipley
Robert Shipley answered on Jul 10, 2020

If the account is set up right of survivorship, where you and your mother were the co-owners, that means that upon her death you become the sole owner of the account, which passes outside of probate. So I would review how the account was set up to verify your ownership rights. Regarding... Read more »

1 Answer | Asked in Insurance Bad Faith for Illinois on
Q: My neighbor had a huge rubbish fire that melted the siding on my shed. Are they responsible for the damage?

They said they didn't light the fire. The location of the large fire pile is only 15 feet from my shed. Will county is supposed to be 50 feet from neighboring structures

Robert Shipley
Robert Shipley answered on Jul 6, 2020

If your neighbor was responsible for the fire you describe and it ultimately caused damage to your property then the neighbor would be responsible for paying the cost of the damage to your shed. If the neighbor did not actually start the fire, but was aware that there was a fire, then they would... Read more »

1 Answer | Asked in Civil Litigation for Illinois on
Q: Do I have to go to court to enter into a restitution agreement?

I took something and agreed to pay it back. But don’t want courts involved. Can offer a good faith payment, then remainder next month. Willing to sign agreement based on total they want paid. No charges have been filed as of yet, but I want this be taken care of quickly.

Robert Shipley
Robert Shipley answered on Jun 18, 2020

Your description suggests you took something without permission and have reached an agreement with the owner of the property. An agreement can be prepared and signed which confirms the agreement to repay the money. The agreement should also include the property owner releasing any claims that they... Read more »

2 Answers | Asked in Real Estate Law for Illinois on
Q: Unmarried couple purchasing a house, both names to be on deed, one person's name on loan, any advice?

I am purchasing a house with my girlfriend. Both names will be on the deed but only my name is to be on the loan and at this point in time, she won't sign any other papers. Am I screwed if anything happens later and we break up?

Robert Shipley
Robert Shipley answered on Jun 16, 2020

If only your name is on the mortgage, then you are the only individual obligated to pay that obligation. If title to the property is in both of your names, your girlfriend will remain in title (an owner) even though she is not a signatory to the mortgage. If there is a default on the mortgage,... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I live in Illinois subsidized housing. I am disabled and live in an apartment. We are being told we can't have visitors.

We are being told it's because of the Coronavirus and I don't think they have the right to tell us we can't have the family come and visit us. I want to know if they have that right since this might be something that will go on for quite a long while and it doesn't seem right... Read more »

Robert Shipley
Robert Shipley answered on Jun 13, 2020

I would recommend you review the terms of your lease to determine if there are any restrictions. Additionally, are there building rules/regulations which apply. Alghough due to COVID many buildings are adjusting their normal procedures, access to an individual's unit should not be restricted.

1 Answer | Asked in Civil Litigation, Contracts, Foreclosure and Real Estate Law for Illinois on
Q: Do I have a claim to a joint interest in the home that my father and I share?

In 2013, my mother passed away leaving me as the sole heir to her estate in her will. My father has encountered mortgage trouble, and I have occupied the home alone for one year now. The current mortgage was taken out in 2005 in both of their names, and statements come addressed to her estate.... Read more »

Robert Shipley
Robert Shipley answered on Jun 11, 2020

Based upon your question, although your mother left you her entire estate, it does not appear that estate included an interest in the home. From your description your father is in sole title to the home and therefore the sole owner. If there are issues regarding the mortgage, those must be... Read more »

1 Answer | Asked in Contracts for Illinois on
Q: WHAT LAW CAN BE DONE LEGALLY WHEN SOMEONE DOSE NOT DO WHAT THEY PROMISED IN FINANCIAL AGREEMENT

MY CAR IS BEING WORKED ON GETTING A NEW ENGINE IT WAS IN A FLOOD THE SHOP SAID IT WOULD RUN WHEN THEY FINISHED INSTALLING THE ENGINE NOW THEY SAID I NEED NEW WIRING AT AN ADDITIONAL COST WHEN WE HAD ALREADY AGREED ON A PRICE AND I PUT A DOWN PAYMENT ON THE WORK .

Robert Shipley
Robert Shipley answered on May 29, 2020

Based upon your description, I am not clear if you had an estimate for the proposed work which you approved or if there was a formal written agreement was signed which described the scope of work for the agreed price. Most repair shops provide estimates for the proposed work, asking the customer... Read more »

1 Answer | Asked in Real Estate Law and Environmental for Illinois on
Q: How long do we have to sue the previous home owner if we suspect they knew about mold in the home?

We have been in the home for about a year and a half (2 years at the end of August) and my children and I are starting to have respiratory and other issues that we believe may be because of airborne mold due to water damage that we believe the previous home owner covered up and then we uncovered... Read more »

Robert Shipley
Robert Shipley answered on May 18, 2020

Based upon your description, if water damage/water infiltration issues are present and that history was denied by the seller, there may be an action for fraud and depending on the nature of the sale, for violations of the Consumer Fraud Act. The real estate contract must be reviewed as well as an... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Father and mother bought a house together. She passed away and father re-married. They lived at 2nd wife’s residence.

2nd wife never lives nor contributed to the family home. Father passed away. Sister lived and paid all the bills at the fam. home, but she recently passed away. When selling the property does 2nd wife has the right to the 50% when we sell?

Robert Shipley
Robert Shipley answered on May 13, 2020

Who holds title to the family home? Did your mom have a will? Was the property held by a trust, individually in either your mother or father's name, jointly by both of your parents or in some other manner.

Those questions must be answered. When did you mom pass away and was a...
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1 Answer | Asked in Real Estate Law for Illinois on
Q: Can the property manager be liable for the typo error that they have made and can I ask for financial damage?

In 2012 when I brought my condo the HOA fee was 274.55 which was stated on my PA(Paid Assessment Letter), The property management company continue to send statements, bill me at 274.55, and accepted the 274.55 HOA amount in 2012 and 2013. In 2014 the condo management discovered there was a typo... Read more »

Robert Shipley
Robert Shipley answered on May 11, 2020

765 ILCS 605/9(f) of the Illinois Condo Act provides: Payment of any assessment shall be in amounts and at times determined by the board of managers. If the assessment increased, as is often the case, then the unit owner is required to pay the new amount. So if I understand the question, the... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: Chicago: A signed lease states that the security deposit will be returned w/out interest, is a renter able to demand it?

We are landlords in Chicago, our renters are asking for interest on their security deposit. In our lease, which they signed, it says in a paragraph under the security deposit section and stated amount: "Interest and Security Deposit. In accordance with Illinois law, (765 ILCS 715/1, 715/2) and... Read more »

Robert Shipley
Robert Shipley answered on May 9, 2020

The lease would be subject to the Chicago Residential Landlord Tenant Ordinance (RLTO), which requires interest to be paid on the security deposit. The Illinois statute cited in the lease does not apply to buildings of the size you describe. The RLTO is a very Tenant favorable ordinance and case... Read more »

1 Answer | Asked in Consumer Law and Contracts for Illinois on
Q: Is it legal for my HOA to require me to provide them with mortgage information in the state of IL?

I live in Illinois and own a condo. I have a mortgage on the condo. The HOA is requiring I provide them with mortgage provider, loan number and mortgage provider phone number. Is this legal? I understand proof of insurance, but mortgage information seem like an invasion of privacy.

Robert Shipley
Robert Shipley answered on May 2, 2020

765 ILCS 605/22.1(c) of the Illinois Condominium Property Act requires:

c) Within 15 days of the recording of a mortgage or trust deed against a unit ownership given by the owner of that unit to secure a debt, the owner shall inform the Board of Managers of the unit owner's association...
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