Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Robert Shipley
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 »

View More Answers

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...
Read more »

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...
Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: Condo has rules against smoking on balconies. The association is not enforcing this rule. What can be done about it.

Person below me has been smoking cigars on his balcony for the past year. When I ask what was done regarding the violation forms that I filled out (7 of them), I was told that it was between the violator and the board, basically none of my business even though I made the complaint. Per 765 ILCS... Read more »

Robert Shipley
Robert Shipley answered on Apr 28, 2020

I would recommend that you review the Condo Declaration and the Rules/Regulations of the Association to find additional support for your complaints. Then put your complaint in a separate letter, detailing the history, and referring to the applicable sections of the Declaration and... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: Good day, I was wondering if there was a way i could get an extension on my lease and not have to move out during thi

lock down period since i have an underlying conditions

Robert Shipley
Robert Shipley answered on Apr 23, 2020

You do not describe if commercial or residential, but I am assuming residential based on your description. I would recommend that you review the lease and examine if there are any clauses or provisions regarding an extension of the term of the lease. Even if there are no specific provisions... Read more »

1 Answer | Asked in Contracts for Illinois on
Q: Requesting copies of original finacial applications?

Can I request a copy of a finance application submitted by a dealership if I believe fraud has been committed. Can this be obtained from the company i.e. Credit Acceptance?

Robert Shipley
Robert Shipley answered on Apr 23, 2020

Based upon the question I assume you are referring to an application you submitted. I would first recommend you review the documents you were provided by the dealership which should have information regarding how to contact Credit Acceptance. You have the right to review the information submitted... Read more »

2 Answers | Asked in Real Estate Law for Illinois on
Q: Can I get my earnest money refunded?

I bought a house in the second week of March and the sellers and I agreed to close on May 13. Now the sellers are wanting to extend the close to June 15 because they can’t find a home to buy or rent and are using the Coronavirus pandemic as a reason not to close in May. Can I cancel the deal and... Read more »

Robert Shipley
Robert Shipley answered on Apr 22, 2020

The Answer to your question is dependent upon the terms of the contract. That should be reviewed to determine what options are available when there is non-performance by the seller. Also what provisions, if any, which specifically relate to the current COVID environment. It would be best to consult... Read more »

View More Answers

2 Answers | Asked in Products Liability and Real Estate Law for Illinois on
Q: HOA Building (balcony) maintenance

Hopefully, you're all safe at this time. I have a question regarding who is responsible for paying for the maintenance cost in the buildings? For Example, we own the condo but the balcony ( which is what people use to enter their house) needs to ger repair on the second floor all over the... Read more »

Robert Shipley
Robert Shipley answered on Apr 17, 2020

You should review the Condo Declaration which should define the limited common elements.

The Act provides that the Association shall be responsible to maintain, repair and/or replace the common elements on the property. As the limited common elements are defined under the Act as a portion...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.