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Questions Answered by Stephen Sotelo
1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: Was joint tenancy owner of home (in Illinois) with my mother who died 4 years ago. How do I clear deed for future?

What do I need to file (mothers death certificate?) in order to clear the house for future sale or for adding another family member to the deed? I have kept the taxes paid and up to date and currently residing in the house.

Stephen Sotelo
Stephen Sotelo
answered on Feb 20, 2023

In cases where the most recent deed in the chain of title reflects title held by co-owners "as joint tenants" and one of the co-owners passes away, the next step would be to

(1) complete a Surviving Tenant Affidavit a/k/a Deceased Joint Tenant Affidavit (example form:...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Illinois on
Q: How would you include the %'s in an Illinois Executors Deed when you have 1 executor but multiple heirs/grantees (6)?

Trying to fill out an Executors Deed. I have one executor but about 6 heirs/grantees. Do I just list each heir and their percentage and say individually? For example: John Doe (20%) individually, John Doe Jr. (20%) individually, etc. Should percentages not be included?

Stephen Sotelo
Stephen Sotelo
answered on Jan 23, 2023

An Executor's Deed or Administrator's Deed is generally utilized when the Representative is "selling" real estate to a third party.

On the other hand, when a representative is merely releasing the estate's interest in the property and confirming title in the heirs...
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2 Answers | Asked in Probate for Illinois on
Q: Grandma (decedent) quit claimed house to aunt (now deceased) no known will, not in probate. I am last living relative.

Can I claim this house. If so how? The property has been vacant over a year. Deed still in aunt's name and someone recently paid taxes.

Stephen Sotelo
Stephen Sotelo
answered on Jan 5, 2023

An attorney or title company will need to perform a title search/examination to confirm ownership of the property, but assuming your aunt was indeed the sole owner as a result of the quitclaim deed, then title to the property would now be with her lawful heirs (subject to timely creditor claims and... View More

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1 Answer | Asked in Collections for Illinois on
Q: How can I get my money once it been court order by an judge,an the defendant does not want to pay?
Stephen Sotelo
Stephen Sotelo
answered on Apr 24, 2013

In short, you will want to start supplementary proceeding to discover the defendant's assets. From there, you may be able to garnish the defendant's wages, obtain an order for a bank to turnover funds, levy assets, etc. ***Stephen Sotelo, The Fish Law Firm, P.C., 55 S. Main St., Suite... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: I am wanting to know if it is Illegal for me to fill out real estate forms if I do not have a lisence?
Stephen Sotelo
Stephen Sotelo
answered on Apr 24, 2013

It depends. If you are filling out the forms for yourself, in your own transaction, then of course it is perfectly legal. Generally, you cannot, however, fill out real estate forms for others, not even simple fill-in the blank forms, unless you are a licensed real estate salesperson, broker, or... View More

1 Answer | Asked in Estate Planning for Illinois on
Q: Where should I seek legal advice?
Stephen Sotelo
Stephen Sotelo
answered on Jan 19, 2013

It's best to contact an attorney who practices in the area of law that you are seeking advice on. I see that you posted under "estate planning law," so I assume you have some need for advice in that area. Estate planning can involve relatively simple matters, such as drafting a... View More

1 Answer | Asked in Employment Law for Illinois on
Q: Can I dispute amount of money on a wage deduction notice?
Stephen Sotelo
Stephen Sotelo
answered on Jan 9, 2013

Generally, yes, because the amount of wages that may be deducted is limited by federal and Illinois law. ***You should contact an attorney who can help you to determine and protect your rights.

***Stephen Sotelo, The Fish Law Firm, P.C., 55 S. Main St., Suite 341, Naperville, IL 60540...
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1 Answer | Asked in Civil Rights for Illinois on
Q: Is thier statue of limitation for filing lawsuit civil rights violation
Stephen Sotelo
Stephen Sotelo
answered on Jan 9, 2013

Yes. However, the limitations period varies depending on the type of civil rights violation. Don't wait to find out your rights.

***Stephen Sotelo, The Fish Law Firm, P.C., 55 S. Main St., Suite 341, Naperville, IL 60540 (630)355-7590 ssotelo@fishlawfirm.com www.fishlawfirm.com...
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1 Answer | Asked in Construction Law for Illinois on
Q: Company is asking for $500 in extra work done to complete job. I Did not sign anything.

I signed off on original work order, then they had to reinforce gables and I verbally said go ahead, but no cost was mentioned and nothing signed off on. 3 months later am given a bill for this work $500 (they said they gave me a break from $800), and ask for immediate payment. The original work... View More

Stephen Sotelo
Stephen Sotelo
answered on Jan 9, 2013

It depends. I am assuming that reinforcement of the gables was not contemplated in the original contract. If it had been, then you should not pay anything extra. With that in mind, the answer to your question depends on *why* the gables were reinforced. If it was because of their negligence... View More

1 Answer | Asked in Probate for Illinois on
Q: How can I obtain a copy of my deceased father's will. My stepmother will not give me any information. I am 35 years old
Stephen Sotelo
Stephen Sotelo
answered on Jan 9, 2013

According to the Illinois Probate Act, you may have rights under 755 ILCS 5/6-1, which states in part:

Sec. 6-1. Duty to file will - altering, destroying or secreting.

(a) Immediately upon the death of the testator any person who has the testator's will in his possession shall...
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