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Questions Answered by Bryan R. Bagdady
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 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

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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2 Answers | Asked in Estate Planning and Probate for Illinois on
Q: Hi there. I was forced by my brother to sign something that closed my late mother's estate. Is there anyway to reopen it

The legal document stated that id been given the full inventory list/asset list and that he forced me to sign it and said that I wasn't allowed to look at that paper bc I didn't have a lawyer. Is there anyway someone could help me? I feel like he screwed me out of my share or my full... View More

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

In Illinois petitions to reopen an estate are governed by 755 ILSC 5/24-9. Estates may be reopened to permit the administration of a newly discovered asset or to permit the administration of an unsettled portion of the estate. The petition may be filed by any interested person. You will need to... View More

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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Illinois on
Q: Can my sister keep all my mom's money from her

My sister claims to be my mother's poa. She takes all of her money out of a joint account between her n my mom and deposit it in her account. Her gas bill is overdue by 1,000 dollars. She takers her to no appointments me and my wife do. My mom thwrclains she doesn't even want her in the... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on May 17, 2023

Anyone acting under a power of attorney has a fiduciary duty to act in the principal's best interest. If your sister simply took your mother's money, then she is arguably in violation of that duty. Since your sister will not likely respond to a written demand (based on her text message)... View More

2 Answers | Asked in Employment Law and Contracts for Illinois on
Q: Signed non-compete in IL, that I must give 10-day notice & name of my next employer before quitting. Do I have to do so?

I signed a con-compete in Illinois that reads "If for any reason I decide to voluntarily resign from the Company, I acknowledge that the Company requests that I provide at least 10 business days written notice of my intent to leave, the date I want to leave, and (as soon as I know it) the name... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Feb 2, 2023

Your question is missing some important information. Having said that, non-competes are not enforceable in Illinois unless they are reasonable under the circumstances. I do not believe that an Illinois court would find the requirement to disclose a new employer as being unreasonable. I suspect that... View More

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1 Answer | Asked in Civil Litigation for Illinois on
Q: My family received a judgement . But the law firm that was hired is refusing to give the money. What can be done.

The judge order them to payout but they are still refusing. Told the family they dont deserve that amount of money.

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 16, 2023

I assume that when you say your family "received" a judgment that you mean that a judgment was entered in your or your family's favor and against some specific defendant or defendants. Obtaining a judgment does not mean that the defendants will voluntarily pay or satisfy the... View More

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.

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 5, 2023

There is no such thing as "claiming" the house. If property is owned by someone who dies, then that property can be transferred by small estate affidavit if the amount is small and there is no real estate. Here, you are dealing with real estate, so the small estate affidavit is not an... View More

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1 Answer | Asked in Business Law, Construction Law and Contracts for Illinois on
Q: My general contractor is breaching the contract again, how could we handle this?

Business site

Bryan R. Bagdady
Bryan R. Bagdady
answered on Oct 30, 2022

A properly drafted construction agreement should have termination provisions. Start by reading the contract and be aware of your notice and termination obligations. Any contract case requires that you show offer, acceptance, consideration, duty, breach and damages. Remember that in the case of... View More

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: What sort of contract will guarantee me compensation for money put into a house I don't own?

My boyfriend is buying a home we will live in together. The loan is VA so I can't be on the title until we are married, but I don't want to invest money into renovations if I have no legal rights to it. Is there any sort of contract we can create and sign that promises to pay me back a... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Oct 24, 2022

I always counsel boyfriend/girlfriend client situations to ask themselves what documentation would they want if the other person were not your boyfriend/girlfriend. It is a mistake to think that the status of boyfriend/girlfriend has anything to do with the commercial arrangement of loaning money.... View More

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 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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2 Answers | Asked in Estate Planning for Illinois on
Q: In Illinois, is it required to have all heirs names on the estate bank account?
Bryan R. Bagdady
Bryan R. Bagdady
answered on Aug 22, 2022

I assume that when you say "estate bank account" that you mean the account opened by an administrator or executor after a probate estate is opened. In that case, the answer is no. The account is opened in the name of the estate and the administrator or executor is responsible for that... View More

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2 Answers | Asked in Contracts, Personal Injury and Construction Law for Illinois on
Q: A guy wants to take my old barn down. What can I do to make sure I'm not liable for accidents etc? ILLINOIS

Agreed he could have half the wood.

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jun 20, 2022

Make sure that you have a written agreement. Although I don't see this work as falling under the Home Repair and Remodeling Act, the act requires written contracts for work in excess of $1,000. That should be a tip that a written agreement may be useful here. Have the contractor agree to... View More

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1 Answer | Asked in Probate for Illinois on
Q: My dad passed away with no will. My grandparents are keeping his property

They are preventing me from filing an affadavit of heirship.

Bryan R. Bagdady
Bryan R. Bagdady
answered on Mar 16, 2022

Just to be clear, affidavits of heirship are filed in conjunction with a petition to open an estate. If your grandparents have filed such a petition, you can appear in that case and let the court know where you stand and provide the court with relevant facts. If no such petition has been filed,... View More

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