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... Read more »

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.... Read more »

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... Read more »

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... Read more »

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,... Read more »

The short answer to your question is "yes."

The longer answer is that the executor's duty is to "carry out the wishes of the decedent," acting in the utmost good faith to protect the interests of the beneficiaries, "exercising at the very least that degree of... Read more »

Your inability to pay does not stop the entry of judgment. If there is already a judgment and you are up on a post judgment citation or garnishment, you should read and be aware of the exemption provisions of the post judgment code of civil procedure. Specifically, 735 ILCS5/2-1402 states at (b)(1)... Read more »

There is no such thing as changing the house to your name. You need to look at the deed and determine how it was titled. if in you Mom's name alone, then you will need to open an estate in order to transfer the asset. If the house was titled as joint tenants, then the property will pass, by... Read more »

No.

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 »

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... 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 »

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 »

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 »

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 »