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Questions Answered by Bryan R. Bagdady
2 Answers | Asked in Contracts and Business Law for Illinois on
Q: Impact of entire agreement clause on prior business agreements

I am involved in a business partnership that includes a clause stating: "This document constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral, relating to the subject matter herein." I need clarification on how... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jun 2, 2025

This is known as an Integration Clause. It is common in business agreements. It means that the signed agreement governs the agreements of the parties for the subject matter addressed in the contract. If prior contracts address different matters, then they may still be independently viable or... View More

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Q: Siblings trying to remove me from parent's home after 22 years of caregiving without compensation.

I've been living in my parent's home for 22 years and provided unpaid care for my father, who had chronic COPD, cancer, and other health issues, for 13 years. I was added to two joint bank accounts with him to manage finances and paid property taxes, home insurance, and maintenance costs.... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on May 5, 2025

You must be careful not to mix or confuse your care for an aging parent with your rights to property under a will or trust. Carefully review your parent's last wishes, as reflected in the signed estate documents, and abide by the final wishes of your father under his codicil or other governing... View More

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1 Answer | Asked in Estate Planning for Illinois on
Q: My Father passed last month and left no will. He has a house, cars, retirement funds, investments and etc. can I become

Admin for his estate and does his estranged wife/separated for 14yrs receive anything?

Bryan R. Bagdady
Bryan R. Bagdady
answered on Nov 22, 2024

Yes. As an heir, you are entitled to petition the court to open the estate and be appointed as the administrator. Any of your siblings and your father's estranged wife are entitled to file such a petition. Under the Illinois statute, your father's wife and his children split the proceeds... View More

1 Answer | Asked in Civil Litigation for Illinois on
Q: I have a judgement against me so can I be forced to sell my home if my homes equity is less than the judgement amount
Bryan R. Bagdady
Bryan R. Bagdady
answered on Mar 6, 2024

The answer to your question is not dependent upon a comparison of the equity to the judgment. Rather, you need to identify what part of your equity is exempt. In Illinois, a homeowner has a $15,000 exemption for the equity in their home. Double that for a married couple. If the equity exceeds the... View More

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: If you are a beneficiary in your fathers will and your mother is alive and the executor of the will, how does it work

How will I know what I am to inherit

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 13, 2024

The original will is required to be filed with the Court in the County where the decedent lived. You can look at the will after it is filed and read the provisions. Assuming assets in excess of $100,000 or an estate with real estate (no real estate passes through probate if it was in joint title),... View More

2 Answers | Asked in Consumer Law, Estate Planning and Family Law for Illinois on
Q: Questions pertaining to an affidavit of heirship. Very confused on paperwork

Help. Please

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 9, 2024

The affidavit of heirship is important when opening an estate. Some counties have pdf forms other require original typed word documents. You essentially need to identify the spouse and children. If there is no surviving spouse or child, then make sure there is no survivor of a predeceased child. If... View More

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3 Answers | Asked in Contracts, Business Law, Civil Litigation and Collections for Illinois on
Q: Good morning. What is the penalty for breach of contract?

Our group sold a home health agency to another group. Our contract stated the price and monthly payment schedules. The other group has paid us a downpayment but has since missed monthly payments for over a year now. The other group is insisting that we lower the price from what was agreed upon.... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 8, 2024

In Illinois there is no penalty for breaching a contract. In fact, Illinois law expressly allows a party to breach a contract. However, once a party breaches, it is obligated to make the other side whole. Meaning that the benefit of the contract must still be given to the non-breaching party.... View More

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2 Answers | Asked in Estate Planning and Probate for Illinois on
Q: My spouse has 2 ex wives, 0 kids, and NO WILL! Home is paid off.Should he pass away how will the estate be settled?

We do not have any joint accounts, my name is technically on nothing, and ,because of his past issues with his former spouses, he trusts no one, so I am pretty much standing at the window looking in.

When we talk about it his statement is. “ You’re my wife. You’ll get it all. Case closed.”

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 4, 2024

I agree with Mr. Hutchinson. The only thing I would add, is if your spouse eventually does prepare and execute a will, that you (as his spouse) has a right to renounce the will and take one-half of the estate. This statutory spousal right is to provide a spousal share to a surviving spouse when the... View More

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2 Answers | Asked in Probate and Estate Planning for Illinois on
Q: How can I obtain information about a will after my grandmother's passing in Illinois?

I received a paper in the mail a few years ago indicating that my grandmother had a will. She passed away in March 2025, but no one in the family will tell me anything about it. I'm not sure where to find the information. What steps can I take to obtain details about her will?

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jun 9, 2025

Anyone in possession of a will is required to file it with the county clerk following the death of the testator. You should be able to go to the county courthouse where your Grandmother lived and see and/or copy the document. Hope this helps.

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2 Answers | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Who is considered the owner of a property in a revocable living trust for HOA membership purposes in Illinois?

I'm part of a neighborhood HOA in Illinois, where membership is defined as ownership of one or more properties. Some properties in our neighborhood are held in revocable living trusts, and we're unsure who is considered the legal owner and thus the representative member for the... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on May 28, 2025

Title is held by the trustee. While the trusts are created for the benefit of the beneficiaries, legal title and responsibility for the property or assets belongs to the trustee.

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2 Answers | Asked in Probate and Real Estate Law for Illinois on
Q: Do we need a bond in lieu of probate to sell an inherited home in IL?

In Illinois, if both parents are recently deceased and left a home valued at approximately $600,000 with no beneficiaries named, but have adult children who naturally inherit the property, and there are no debts or creditors, do they need a bond in lieu of probate to sell the home to a family... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Apr 8, 2025

Illinois requires court administration of real property if the decedent dies with realty in his name.

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3 Answers | Asked in Probate and Civil Litigation for Illinois on
Q: Will creditors or next of kin receive a settlement if ex-husband dies with debt?

My ex-husband recently passed away in Illinois and owed a substantial amount of debt. He did not leave a will, and there has been no probate process initiated. He is due to receive a settlement from an accident soon. Given that he has a daughter and son as his next of kin, will the creditors be... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Apr 8, 2025

You have not given sufficient facts to answer your questions. Illinois provides awards to surviving children. You need to review the statute and determine if the two surviving children are entitled to awards. If they do, then the awards are paid ahead of judgments or creditors. Without knowing the... View More

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1 Answer | Asked in Business Law and Real Estate Law for Illinois on
Q: Is a landlord liable for harm from tenant's intoxicated patrons?

As a landlord with a commercial tenant who serves alcohol, I am concerned about potential liability. The lease agreement does not contain specific clauses related to liability for selling alcohol, there haven't been any incidents involving harm caused by an intoxicated patron, and I am not... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Mar 4, 2025

The short answer is yes. Look at the Illinois Dram Shop Act for more details, but a landlord of an establishment that serves alcohol may be jointly and severally liable for losses arising from the serving of alcohol.

1 Answer | Asked in Contracts for Illinois on
Q: I have a contract, borrower passed away 4 months ago. The person handling the estate wants the checks made to them.

I have a loan contract that the borrowee passed away 3 months ago. The person handling the estate just informed me that they are having issues cashing checks. Now they want me to write the check to them. Up until today (the request) I have not seen any paperwork but was told there was an estate... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Mar 22, 2024

If the borrower passed away, then the estate should be paying you. Why are you paying to the borrower or to the borrower's estate? Your question seems confused.

1 Answer | Asked in Contracts, Business Formation and Business Law for Illinois on
Q: We sold our small business with a promissory note to receive payment after one year. Now they won't pay

The pastor has experienced financial difficulty. They have not filed for bankruptcy, however they have received funding from an investment group. The promissory note reads,This Promissory Note shall become due and payable prior to maturity without presentation, demand, protest or notice of any... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 7, 2024

If a written promissory note, signed by the parties, is not paid when due, then the holder of the note may make demand or commence suit. In your case, if the borrower is not offering some other or new solution, it sounds like it is time to commence suit.

1 Answer | Asked in Probate and Wrongful Death for Illinois on
Q: I have a question about distribution of a wrongful death settlement to heirs once the amount enters probate.

The probate attorney for the special administration of the estate stated the wrongful death settlement amount per heir is based upon each of the heirs "relationship" with the deceased. Therefore if one sibling had a closer relationship they would get a larger share. I don't believe... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Nov 7, 2023

Assuming you are talking about Illinois probate law, if there is not will then the distribution is by statute and the governing statute is pretty straightforward and clear. It does not talk about the relative dependency of any heir. Good luck.

2 Answers | Asked in Bankruptcy and Collections for Illinois on
Q: I am being sued for debt, but never received court papers. Do I need to show up at court without being served??

I was out of states for two months. When I got back I noticed mails from different law companies that there is a lawsuit agains me. I have never was served papers. Don’t know what to do and if I have to be in court even if I never was served

Bryan R. Bagdady
Bryan R. Bagdady
answered on Sep 21, 2023

In Illinois, a court does not obtain jurisdiction over you until you are served with the summons and complaint. If several attempts were made to serve you and they were unsuccessful - presumably so since you were out of town, then the plaintiff may be in a position to ask the court for permission... View More

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1 Answer | Asked in Probate for Illinois on
Q: Half siblings are suing for deceased dads house from ex-wife. I want no part of it. Can I be taken off the lawsuit?

I had a nearly non-existent relationship with father. He was a sperm donor. Left my mom and went to KY where he had another new family with 3 kids. Dad and 3rd wife divorced years ago and house went to her, since it was hers anyways before they married. She didn't get around to putting it... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Aug 22, 2023

As I understand your fact pattern, it does not sound like you actually authorized anyone to bring a claim on your behalf for any part of the house. If this is correct, then you don't need to do anything. No one can file a claim on your behalf without your express permission. If there is an... View More

2 Answers | Asked in Estate Planning for Illinois on
Q: My husband passed away, can I give his truck to our son?

I paid the truck off and would like for our son to have it. My name is on the title too.

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jul 13, 2023

You should look at the Illinois Secretary of State information relating to the transfer of jointly owned title from a decedent's estate. This link should help. https://www.ilsos.gov/publications/pdf_publications/vsd275.pdf

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3 Answers | Asked in Collections for Illinois on
Q: I have settled a lawsuit for credit collection. The court date is coming up. Should I go?
Bryan R. Bagdady
Bryan R. Bagdady
answered on Jul 4, 2023

Yes. When I was a young lawyer, our managing partner would repeat on a regular basis that if you are in a case, you go to all court hearings. If you don't want to go to a court hearing, then get out of the case. Some things are simple, attending all court hearings while a case is open is one... View More

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