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 »
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 »
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 »
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 »
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 »
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?
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 »
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 »
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 »
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?
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 »
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?
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.
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 »
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 »
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 »
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 »
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 »
Mother died a month ago, my sister is executer, she has covid and last told she is on a vent. Her daughter will not tell me her health status or locations she is in a hospital in Illinois. All three of us are beneficiaries, I don’t know the amt. of the estate, there is a house. No secondary... Read more »
Whoever holds the will at the time of death is obligated by law to file it with the court or as you say "turn the will over" to probate. So don't view that as something done behind your back. You can file a petition to remove the executor and identify yourself as a replacement...Read more »
My mom had nothing in writing, but the 3 kids are in agreement to sell the home and split the money, how do we do this? I actually want to buy my sisters out. I am currently living in the home, I moved in to pay the bills while mom was to be in a nursing home for an indefinite amount of time, she... Read more »
If a decedent passes without a will and the estate has a value exceeding $100,000, then you need to open an estate and someone must be appointed as the Administrator of the intestate estate. There is a slew of information the court will want at the beginning stages in order to determine who should...Read more »
Commercial Lawyer. You will want an agreement to transfer shares or membership interests depending on whether the business is a corporation or an LLC. You should also consider a non-compete agreement from the individual being bought out to make sure they don't turn around and start competing...Read more »
You don't want to dismiss your petition. Rather, you should file a motion for leave to file an amended petition. Once the motion for amendment is granted, you can refine your petition in any way you deem appropriate. Good Luck. Bryan.
The attorney (friend of one heir) keeps returning to court, has not expeditiously settled this and does not relate information to the heirs. He insists it’s due to IRS tax due but the payment was recently returned from the IRS to the estate administrator. Please advise how we can finish this.... Read more »
It is difficult to answer your question. When the administrator was appointed, the court would have ordered the estate as supervised or independent. If supervised, then the administrator is responsible to file an inventory and regular accounts. It does not sound as if that has been done. Anytime...Read more »
I am a sole proprietary business owner and married. I started my home business in August of 2019 and I work another job. The business has taken a hit due to COVID because most of the income is generated in-person sales. I was thinking of filing a chapter 7 but I was unsure how that could impact... Read more »
In Illinois a homeowner is entitled to an exemption for their home. The exemption amount is $15,000 per person - so $30,000 if a married couple (assuming both spouses file). Since you are married, if you have more than $30,000 in equity, then you may have issues. If you have less than $30,000 in...Read more »
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