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Questions Answered by Bryan R. Bagdady
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 »

1 Answer | Asked in Probate for Illinois on
Q: How do I find status and location of a sick possibly incompetent executer of my mother’s estate?

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 »

Bryan R. Bagdady
Bryan R. Bagdady answered on Nov 2, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: My mother passed and there is no will, my sisters and I agree to sell the home and split the money, how do we do that?

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 »

Bryan R. Bagdady
Bryan R. Bagdady answered on Oct 5, 2020

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 »

2 Answers | Asked in Contracts for Illinois on
Q: What type of lawyer would be needed to create a simple buyout agreement for a small business between 2 owners?
Bryan R. Bagdady
Bryan R. Bagdady answered on Sep 30, 2020

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 »

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1 Answer | Asked in Civil Litigation for Illinois on
Q: I filed a name change petition. However I want to dismiss it and refine it. How can I withdraw/vacate my filing?
Bryan R. Bagdady
Bryan R. Bagdady answered on Sep 24, 2020

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.

1 Answer | Asked in Probate for Illinois on
Q: My family has been trying to settle an estate in probate (no will) for over 5 years. All debts have been satisfied.

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 »

Bryan R. Bagdady
Bryan R. Bagdady answered on Aug 17, 2020

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 »

2 Answers | Asked in Bankruptcy and Business Law for Illinois on
Q: If I file Chapter 7 due to small business loss, could I lose my home?

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 »

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

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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1 Answer | Asked in Probate for Illinois on
Q: My dad passed away in 2017 I am his biological child, I was never notified. His estate was intestate went to probate

Closed May 2018. What can I do to claim as his legal heir

Bryan R. Bagdady
Bryan R. Bagdady answered on Jul 14, 2020

You need to look at the probate file and determine what happened. You will need to see who was identified as an heir. There should be an order declaring heirship. If you were not identified as an heir, then there is a likely issue. I have no idea if your address was unknown to the person appointed... Read more »

2 Answers | Asked in Banking, Bankruptcy, Business Formation and Business Law for Illinois on
Q: Hello, I am a business owner. I want to know if bankruptcy is an option for me.

I am a banquet hall business owner. My bank has refused to give me relief on mortgage payments because I was already behind 2 payments due to the increase in property taxes in the county. The bank has filed for foreclosure during covid and intends to appoint a receiver in June 2020. At this point,... Read more »

Bryan R. Bagdady
Bryan R. Bagdady answered on May 18, 2020

I can't tell from your facts if you are facing a business bankruptcy, a personal bankruptcy or both. However, it sounds like you need a mechanism to stop the litigation and to liquidate debts in an orderly fashion. That is one of the functions of a bankruptcy case. I need to know more about... Read more »

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1 Answer | Asked in Bankruptcy, Estate Planning and Probate for Illinois on
Q: My mom passed away I have her house in probate can I file bankruptcy

Or do I have to assume the loan first

Bryan R. Bagdady
Bryan R. Bagdady answered on Apr 14, 2020

A debtor's assets in bankruptcy include property received by bequest, devise or inheritance. Please review section 541 of the bankruptcy code before making any decisions. If you are inheriting the house and there is equity, you need to analyze how that equity is treated if you file for... Read more »

1 Answer | Asked in Contracts for Illinois on
Q: How can I protect myself as a contractor?
Bryan R. Bagdady
Bryan R. Bagdady answered on Mar 30, 2020

Take a look at my article on ten essential business contracts. This is a good starting point. Best of luck. - Bryan.

http://celsinfo.com/essential-business-agreements/

1 Answer | Asked in Estate Planning for Illinois on
Q: Are online wills legally binding in Illinois (overriding existing court filed wills)?

My wife and I had a will completed in 2003. We would like redo. Due to pandemic circumstances we were considering completing on line. If we were to complete on line today. Would the will be (in force) as of its filing on today?

Bryan R. Bagdady
Bryan R. Bagdady answered on Mar 21, 2020

755 ILCS 5/4-3 of the Illinois Probate Act states that every will shall be in writing, signed by the testator and attested (witnessed) by 2 or more witnesses. Preparing something online only does not comply.

3 Answers | Asked in Business Formation, Intellectual Property and Trademark for Illinois on
Q: I want to trademark "Trill Apparel" but "TRILL APPAREL CLOTHING COMPANY" is taken.

Our company also does clothing but we would trademark it as "Trill Apparel" and not "Trill Apparel Clothing Company". Would we be able to do this?

Bryan R. Bagdady
Bryan R. Bagdady answered on Jan 31, 2020

I agree with my colleague, Mr. Brooks. In my experience, your request is dead on arrival. If there is a likelihood of confusion, your application will be rejected. - Bryan.

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1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: What happens if original will states one thing, but decedent changes his mind but it wasn’t recorded?

My father in law passed away (in IL) over thirty days ago. In the original will it stated his home was to be sold and split among the heirs. A couple months prior to his passing he stated he wanted my husband to have the home, which my husband agreed to (it is not paid off). My husbands name was... Read more »

Bryan R. Bagdady
Bryan R. Bagdady answered on Jan 22, 2020

When you state that your husband's name was added to the deed, what exactly do you mean. As a general principle, the will governs the disposition of the decedents property as that property exists at the time of death. If your father-in-law conveyed and properly recorded the deed of conveyance... Read more »

1 Answer | Asked in Probate for Illinois on
Q: My great aunt passed away and my brother and I are names are on the will, we haven’t seen the will and they wanted us

To sign a paper that was typed up and we didn’t do cause it wasn’t the actual will and now it’s a family fight and we don’t no what to do

Bryan R. Bagdady
Bryan R. Bagdady answered on Dec 26, 2019

If your Great Aunt died with a will - meaning she died testate - then a copy of the will is on file with the clerk of the court. You should go to the probate clerk and ask to see a copy of the file or the will. This will allow you to read the will for yourself and determine if the "paper"... Read more »

1 Answer | Asked in Probate for Illinois on
Q: Can a judge in chancery div. Cook County send you down to file appearance and while gone rule in favor of plaintiff?
Bryan R. Bagdady
Bryan R. Bagdady answered on Dec 7, 2019

A judge may ethically enter any order that the judge deems appropriate under the circumstances and matters presented to that judge. From the way you phrased your question, it sounds like the judge abused his or her discretion under the circumstances. When a judge orders you to file an appearance,... Read more »

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