Get free answers to your Real Estate Law legal questions from lawyers in your area.
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 
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
I'm 17 years old and planning to leave my parents' house soon. I bought a used car with my money, but it's registered under my dad's name. My brother witnessed me paying for it, and I'm listed as a driver on my dad's insurance policy, although he refuses to transfer... View More
answered on May 1, 2025
You cannot have the title in your name alone unless you are 18. You were a minor when the car was purchased. It does not matter who paid for it. If your dad's name is on the title, he will want the car to be insured. You cannot take the car without your father's permission.
I live in a quad coach home in Illinois and have experienced severe roof leakage and drywall damage for over three years, despite the roof being replaced six years ago. With worsening damage each winter, we contacted our HOA multiple times. Initially, they found nothing wrong but cleared partially... View More
answered on Apr 30, 2025
How is the HOA liable? The HOA didn't do anything. On your facts, "roofers discovered an unconnected HVAC exhaust pipe releasing hot air into our attic, causing condensation and extensive mold growth." According to you, the individual or company responsible for disconnecting the... View More
I am not married to the father of my children, and we own a house together with a joint mortgage. He recently quit his job and cashed out his 401k. We all still live in the house, and I pay for my portion of the mortgage. There is currently no legal agreement for child support, but he refuses to... View More
answered on Apr 12, 2025
You should hire a lawyer immediately if any of his 401k is left to have it held for child support AND if you intend to separate from him. Generally, if you are living together it is perceived that you are accepting his quitting his job and you will not get a child support order. He can not avoid... View More
I would like to ensure that my wife can take over our home mortgage if I die unexpectedly. She is not currently a co-signor or co-owner of the property, and we do not have an estate plan in place yet. I have a life insurance policy that could help cover the mortgage. What steps should I take?
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answered on Mar 16, 2025
Under federal law, when a home loan borrower dies and the house is inherited by a family member, such as a spouse, the lender may not call a loan due or force the family member to assume the loan. All your wife will need to do is notify the lender that you have passed and that she has inherited... View More
I have text threads showing that $200,000 was agreed upon when I purchase the house I am currently renting. If they try saying they need more than $200K, are the texts enough to take to court?
answered on Nov 8, 2024
An Illinois attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney, the short answer is that digital evidence such as texts, screenshots, emails and similar things are generally admissible today. Rules of evidence have expanded... View More
My mother passed away in 2019. My grandmother had life insurance policy on her and agreed to pay the next three years of property taxes in Madison county Illinois. Well apparently she didn't, and I was served a certified letter about losing my home and property... Can I ask for an extension?... View More
answered on Oct 13, 2024
There is a redemption period for unpaid real estate taxes. Below is from the county clerk website from Madison County:
Contact us
Madison County Clerk
P.O. Box 218
Edwardsville, IL 62025
Call: 618 692-6290
Fax: 618-692 8903
Hours: 8:30 a.m. -... View More
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answered on Jun 26, 2024
This question raises some important legal concerns. Here's a concise response based on general principles, but please note that specific legal advice would require consulting a qualified attorney:
1. Timing is crucial: If your parents have already filed for bankruptcy, transferring... View More
answered on Jun 23, 2024
Yes, you can, but be sure that their Order Discharge has been entered and that no appeal has been timely taken from that Order.
Also, ensure that the bankrupts will not inherit, or learn of imminent inheritance, within six months of the discharge.
The Bankruptcy provisions enabling... View More
Failed to fix heat pump, roof is missing a shingle after storm, has tires stacked in yard, window unit has ruined wood siding, built a pallet fence connected to porch, removed spindles from railing to put a board as a ramp for animals without permission, and who knows what inside the house will not... View More
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answered on Apr 16, 2024
I apologize that you're dealing with a difficult situation with your contract for deed purchaser. However, I want to be very careful about providing advice, as the legal process for addressing breaches and pursuing eviction or foreclosure can be complex and varies by jurisdiction. The best... View More
I recently purchased a home in a subdivision that the HOA had expired within the month. 11 months later we receive a letter requesting funds for the HOA. We have contacted the sender to inquire. The responce was that the reinstatement is being worked on by an attorney. Our concern is that this... View More
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answered on Mar 31, 2024
If the HOA has expired and is attempting to collect fees without properly notifying residents about the current status and reinstatement process, you may have the following options for recourse:
1. Request documentation: Ask the sender for official documentation proving that the HOA is... View More
My brother-in-law bought a house from his grandma 4 years ago to avoid inheritance fees. Since then he has put $40k into the house and paid the property taxes. We have also bought the house/property to avoid losing it in his divorce (so it is in our name). He is not currently living there as there... View More
answered on Feb 26, 2024
Your grandma is still alive or there would be no inheritance fees. A lawyer should have been consulted. There is a 5 year look back period. If she goes into a nursing home within 5 years of selling or giving away property for less than fair market value she is penalized and yes, they can have a... View More
This would be related IRS topic 701 capital gain exclusion from a home sale.
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answered on Jan 31, 2024
In the context of IRS Topic 701 and the capital gain exclusion from a home sale, the concept of a "wash sale" generally doesn't apply. The wash sale rule is primarily associated with securities, like stocks and bonds, and aims to prevent taxpayers from claiming a tax loss on a... View More
I run off with my money, n I have texts messages of the deal .
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answered on Jan 11, 2024
In your situation, where a contractor has taken your money without fulfilling their part of a real estate investment deal, you have several legal options to consider. The text messages you have can serve as evidence of the agreement and the contractor's obligations.
First, you may... View More
I've recently purchased a property in Illinois with an abandoned 2000 Mazda Miata left there. The vehicle has been exposed to the elements, has no documents or license plates, but the VIN is visible. The previous property owner noted the car has been stationary for over 10 years without... View More
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answered on May 15, 2025
To legally claim an abandoned vehicle on your property in Illinois, you'll first need to confirm that the vehicle truly qualifies as abandoned. Illinois law requires that the vehicle be left on your property without the owner’s consent for a certain period of time, typically at least 7 days,... View More
Under Illinois statute 205 ILCS 620/3-3, is it legal for a trustee of a land trust to sell their position as a trustee to another fiduciary without notifying or obtaining permission from the beneficiaries of the trust, even if both trustees are licensed by Illinois? In my case, there are no... View More
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answered on May 15, 2025
Under Illinois law, particularly statute 205 ILCS 620/3-3, trustees do have some flexibility in their duties, but the law also emphasizes the fiduciary responsibility they owe to the beneficiaries. Generally, unless the trust agreement specifies that a trustee can sell or transfer their position,... View More
My brother passed away two years ago, and I have been trying to notify the loan company that he owed money on his car. I've sent the death certificate and notified them via phone, mail, and email but received no actionable response. The bank repossessed the house, so I had to move the car to... View More
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answered on May 15, 2025
You’re in a difficult position, and it’s understandable that you want to be compensated for the time, effort, and space used to store your late brother’s car. In general, claiming storage fees from a loan company is possible, but it’s not guaranteed. Since there was no prior agreement for... View More
I have a neighbor who plays an amplified subwoofer, and although the noise cannot be heard externally, the vibrations travel over 120 feet, causing my house to recreate the sound internally, much like the effect of two cans tied to a string. I've contacted the police and tried discussing the... View More
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answered on May 15, 2025
Yes, you may have legal options to address the ongoing disturbance caused by your neighbor’s subwoofer vibrations. Even if the sound itself isn’t audible in the usual sense, vibrations that interfere with the comfort and use of your home can still be considered a nuisance under civil law. Since... View More
I was found liable on a construction contract and ordered to pay. Although I had an attorney, and my business—a corporation—wasn't operational before the judgment was entered, I was not aware of the progression to the discovery of assets phase until I was served. Due to health issues, I... View More
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answered on May 15, 2025
Yes, if your attorney is still officially on record with the court, they should have been notified of any further proceedings, including hearings related to post-judgment matters like the discovery of assets. Courts are required to serve notice to counsel of record, and if your attorney didn’t... View More
When I moved into my house, the water meter was encased in concrete. The village of New Lenox now wants to install a smart meter in my house but insists that I hire a contractor to remove the concrete for the installation, and they have given me until May 30 to comply. However, they shut off my... View More
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answered on May 15, 2025
It’s incredibly stressful to have your water shut off, especially when the situation involves something you didn’t create. Since the meter was encased in concrete before you moved in, it’s reasonable to question why you’re being held responsible for fixing something you didn’t install.... View More
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