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Questions Answered by Bryan R. Bagdady
1 Answer | Asked in Estate Planning for Illinois on
Q: I have been separated from my husband for years and he has recently passed away. Am I entitled to anything of his
Bryan R. Bagdady
Bryan R. Bagdady answered on Sep 14, 2021

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 »

1 Answer | Asked in Contracts for Illinois on
Q: I had verbal contract with my mother on a building. Now 5yrs later after paided off she evicts me for nonpayment of rent

Can she legal do that

Bryan R. Bagdady
Bryan R. Bagdady answered on Aug 18, 2021

You have encountered a Statute of Frauds Issue. I authored a blog on this topic. I think it is relevant. Portions are stated below:

If you enter into contracts in Illinois, you should at least be aware of the Frauds Act. Illinois law limits certain claims and actions if they are not...
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1 Answer | Asked in Collections for Illinois on
Q: Judgement vs collections question

Defaulted on a bank line of credit. They won a judgement. They are trying to collect in court but they sold the debt to a collection company. Is it legal to double dip?

Bryan R. Bagdady
Bryan R. Bagdady answered on Aug 10, 2021

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 »

2 Answers | Asked in Estate Planning and Probate for Wisconsin on
Q: If a will is signed by the testator on one date and the witnesses on a different date is the will still good?

will created and signed in California for a now Wisconsin resident

Bryan R. Bagdady
Bryan R. Bagdady answered on Jul 8, 2021

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 »

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2 Answers | Asked in Contracts, Civil Litigation and Collections for Illinois on
Q: If I won monetary judgement and know that the other party will not pay, what is the next step?

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?

Bryan R. Bagdady
Bryan R. Bagdady answered on Jun 30, 2021

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 »

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3 Answers | Asked in Estate Planning and Probate for Illinois on
Q: My dad passed away and without my knowledge my sister sold his home and kept the money.What can I do to receive my part?
Bryan R. Bagdady
Bryan R. Bagdady answered on Jun 6, 2021

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 »

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2 Answers | Asked in Estate Planning for Illinois on
Q: I am moving to the suburbs and I have a condo I want to give the condo to my son .

There is still a mortgage on it and just want to know as long as he takes over the mortgage I want to give him the property

Bryan R. Bagdady
Bryan R. Bagdady answered on May 11, 2021

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 »

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1 Answer | Asked in Contracts for Illinois on
Q: Is there a downside to not answering Affirmative Defenses and Counterclaim directly ?

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?

Bryan R. Bagdady
Bryan R. Bagdady answered on Mar 30, 2021

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 »

3 Answers | Asked in Contracts, Copyright and Patents (Intellectual Property) for Illinois on
Q: Is there a type of disclosure document that I can use to protect an IP idea that i am working on, before it's designed?

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?

Bryan R. Bagdady
Bryan R. Bagdady answered on Mar 24, 2021

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.

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3 Answers | Asked in Estate Planning for Illinois on
Q: My mother passed away with an irrevocable family trust. Under the terms I am the beneficiary. How do I get assets?

My father is executor and for two years has refused to give me info unless I sign 1/2 to him. This was from my grandparents estate. What actions need to be taken?

Bryan R. Bagdady
Bryan R. Bagdady answered on Mar 2, 2021

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 »

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1 Answer | Asked in Estate Planning for Illinois on
Q: Husband passed away with no will kids taking whatever they want

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 »

Bryan R. Bagdady
Bryan R. Bagdady answered on Dec 9, 2020

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 »

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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