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Illinois Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Illinois on
Q: Any rights and what to do?

Living in home with owner since 2014. Verbal agreement to be her caretaker and pay utilities and upkeep of home. All utilities in her name but paid out of my bank account. Notarized letter of residency w/ mine and her signature for schools for my children to attend each year. She passed away... View More

Nina Whitehurst
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answered on Apr 13, 2020

According to your own recitation of the facts, the verbal agreement was premised, at least in part, on you being her caretaker. Now that she is deceased, the verbal agreement to stay and serve as her caretaker is ended. You have the option of either vacating or negotiation a rental agreement... View More

1 Answer | Asked in Divorce and Real Estate Law for Illinois on
Q: We agreed to sell the house in Moline at the time if the divorce,(08/09/2012). Need house sold and back rent.

We agreed to sell the house property in Moline at the time if the divorce,(08/09/2012). Included was a clause in the divorce degree that he would pay me rent if home wan NOT sold with in a 2 year period, by 08/09/2014. He has not sold the home or paid me any rent. He is still residing in the home... View More

Marilyn  Johnson
Marilyn Johnson
answered on Mar 18, 2020

You need to file a Petition for Rule to Show Cause as to why he should not be held in contempt of court for violating the judgment. There are two issues . The first is that he failed to sell the house within the two year period. The second is that he failed to pay you the rent. This pleading should... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: who pays for Chicago Law Bulletin, Law group or their client?
James G. Ahlberg
James G. Ahlberg
answered on Mar 2, 2020

If it is a subscription to the Bulletin, the law firm should pay. If it is a legal notice pertaining to a client's case, typically the law firm pays and is reimbursed by the client.

1 Answer | Asked in Real Estate Law for Illinois on
Q: I went to go to the contest of selling my grandmother's property the judge was not in so I made

The judge and told me that already been sold and I tried to contest the shell but he didn't care

James G. Ahlberg
James G. Ahlberg
answered on Feb 19, 2020

It isn't clear what your question is. I suggest you make an appointment with a lawyer so her or she can figure out your question and what to do about it.

1 Answer | Asked in Real Estate Law for Illinois on
Q: In Ill, if i am 1/3 owner of a property but have been paying 100% of the property taxes can i force to sell?
James G. Ahlberg
James G. Ahlberg
answered on Feb 6, 2020

Yes. You need to talk to an Illinois attorney about filing what is called a partition action.

1 Answer | Asked in Probate, Estate Planning and Real Estate Law for Illinois on
Q: My Mother and Grandfather were on the deed to the home. Both passed with not court recorded will.

My mother and Grandfather were on the deed to the home. Both passed over 7 years ago. My father-in-law (mother's husband by law) was not on the deed or successor and stayed in the home which was not an issue. He passed 10 months ago and the home is now vacant. My mother wrote her wishes down... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 29, 2020

The answer to your question is far too long and complex for this means of communication. Make an appointment with a lawyer who handles estates. Bring all the documents you can find that are related to the situation to the appointment for the lawyer to review.

2 Answers | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Can my grandmother sell a house in Puerto Rico that is willed out to me and my sister by my deceased grandfather.

Can she change his will and sell the house herself ? They only had one son, my father and he is deceased also.

Nina Whitehurst
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answered on Jan 23, 2020

If the entire interest in the house was owned by your grandfather at the time of his death, and if he left it to you and your sister in his will, then it should already be titled in your name and your sister's name. If it is not, then either it was not in fact left to you and your sister or... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: What happens if original will states one thing, but decedent changes his mind but it wasn’t recorded?

My father in law passed away (in IL) over thirty days ago. In the original will it stated his home was to be sold and split among the heirs. A couple months prior to his passing he stated he wanted my husband to have the home, which my husband agreed to (it is not paid off). My husbands name was... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 22, 2020

When you state that your husband's name was added to the deed, what exactly do you mean. As a general principle, the will governs the disposition of the decedents property as that property exists at the time of death. If your father-in-law conveyed and properly recorded the deed of conveyance... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Real Estate Law for Illinois on
Q: I feel that I was wrongfully terminated from my job as an independently contracted leasing agent. What are my rights?

I feel that I was misclassified as an independent contractor in the first place but I know things get blurry in the realm of real estate: does this change anything? I also believe that I was terminated on grounds that were discriminatory and retaliatory but I am unfamiliar with my rights since I... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 22, 2020

You're asking the right questions. The problem is that you need to schedule an appointment with a lawyer well-versed in employment law who can develop the information necessary to answer them by speaking with you. No one can provide you useful advice on the scant information provided.... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: In Illinois, can I back out of the sale of my house? I discovered a erroneous lien and need it released.

Realtor says I still have to sell.

Kori Maria Bazanos
Kori Maria Bazanos
answered on Jan 20, 2020

Generally, real estate sales contracts require the seller to deliver good and merchantable title to the buyer, which means conveying title clear of liens. It sounds like there is a lien that you would like to challenge. You should discuss the lien with the attorney representing you with the... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: My grand mother just passed December. My mom says that she has to pay upwards of 30k for inheiring my grandmother's home

Her house should be valued at upwards of 200k. I cant find anywhere online of anyone paying 30k to inherit a home? Is this true? Is there any scenario at all where she would have to pay that much money to get a home or is she lying?

James G. Ahlberg
James G. Ahlberg
answered on Jan 18, 2020

One scenario might be that your grandmother had a mortgage on the home which had a $30,000 balance remaining

due at the time of her death.

1 Answer | Asked in Divorce and Real Estate Law for Illinois on
Q: Miss Maryland hope you're still there and answer this I looked at my contract for deed paper

Paid it off After we were married does it make a difference like I said I have all receipts and it's only in my name he's never even paid property taxes an is there no law about abandonment

Marilyn  Johnson
Marilyn Johnson
answered on Jan 15, 2020

If it has never been titled in his name, then it should be considered marital property by the court from what you have alleged.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: When we sell the condo, would I be able to get the 50% of the value of the condo that my mom agrees to for a long time?

My parents were divorced when I was 14. However, my dad came back in our life at one point. He offered to put down half the down payment for a purchase of a condo in my mom’s name in 2007 as a redemption and to help me through college. Both my mom and dad put down $140000 for a $305000 condo. My... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 15, 2020

If the condo was solely in your mother's name, and if the 2012 deed to which you refer was recorded in the Recorder's Office, then you are entitled to 50% of the net proceeds if it is sold. If the deed wasn't recorded or doesn't get recorded, you need to talk to a lawyer ASAP.

1 Answer | Asked in Real Estate Law for Illinois on
Q: IDOT just cut down barrior trees along my property line which borders a major road! Now no barrier and looking at road.

Fences are not allowed. Trees were 25 plus feet tall and now looking at busy road is not desirable, not safe, and devalues property. Will cost a fortune to replace. Homes here are $ 1 million on one acre lots and it looks terrible. Can I get them to pay to replace?

James G. Ahlberg
James G. Ahlberg
answered on Jan 15, 2020

You need to find out whether the trees were in the right of way for the busy road you describe. If they were, IDOT's action is defensible; if they were not, IDOT's action is inappropriate. The value of your home is irrelevant in this situation.

1 Answer | Asked in Contracts, Divorce and Real Estate Law for Illinois on
Q: Illinois, I contract for deed my home 82214 NotMarried boyfriend moved in 1 year later we married I was ONLY one worked

His name is on nothing he work for cash only I have W-2s he left me got incarcerated for a year and he still is not living in the home he has many vehicles on property and I don't see him and vehicles are open titles can I get rid of them? &

my home is paid off and we're... View More

Marilyn  Johnson
Marilyn Johnson
answered on Jan 12, 2020

The only grounds that you can use for a divorce in Illinois are irreconcilable differences. You should not dispose of any property. Wait until you have a court order regarding the property. If the house is titled in only your name and you acquired it prior to your marriage, it should be considered... View More

1 Answer | Asked in Consumer Law, Insurance Bad Faith, Insurance Defense and Real Estate Law for Illinois on
Q: what can I do if my mortgage company doesn’t pay my homeowners insurance?

I escrow my homeowners insurance and my mortgage company didn’t pay my homeowners insurance and now I have a leak in my kitchen. I tried resolving the issue with my mortgage company but they are not being responsive. What can I do? They still have not paid my homeowners insurance and have not... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 10, 2020

Gather all the paperwork involving your situation and take it to an attorney. It's likely the mortgage company can be persuaded to do the right thing, or sued if they don't.

1 Answer | Asked in Civil Rights and Real Estate Law for Illinois on
Q: Can I get on the deed of my deceased Dad’s house before my brother sells out from under me or takes a loan out?

As far as I know there is no will & I was the executive on his life insurance which I split in half with my brother.

James G. Ahlberg
James G. Ahlberg
answered on Jan 6, 2020

There are too many details left out of your question to determine what the answer is. You should meet with a lawyer licensed to practice law in the state where the house is located. During the appointment the lawyer will get these details and should be able to give you good advice.

1 Answer | Asked in Real Estate Law for Illinois on
Q: I am 1/4 owner of home in Wisconsin per quit claim deed, Joint Tenants with Right of Survivorship..

Can I severe the joint tenancy by putting my share in a family trust? Must the three owners be notified of this step?

James G. Ahlberg
James G. Ahlberg
answered on Nov 19, 2019

This question should be answered by a lawyer licensed in Wisconsin. Those of us licensed in Illinois can provide you an answer if the real estate was located here, but laws vary from state to state and should not rashly assume the answer is the same in Wisconsin.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: When buying property can you do anything if existing neighbors have built on or over your property line?

I'm in the process of buying a piece of land and when looking over the aerial map and going out to the location it looks as though the existing neighbors has put a shed on the line if not over the property line. As a new owner can I say something about it?

James G. Ahlberg
James G. Ahlberg
answered on Nov 8, 2019

That depends on a number of factors which need to be explored in a conversation with a lawyer experienced in such problems. For example:

1. Has an easement allowing the shed to cross the line been recorded? If so, is the shed within the legal description provided in the easement?...
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2 Answers | Asked in Bankruptcy and Real Estate Law for Illinois on
Q: what is the homestead exemption in illinois if there is 4 names on the deed? I know illinois allows $15,000 for single

what is the homestead exemption in illinois if there is 4 names on the deed? I know illinois allows $15,000 for single and $30,000 for married, but it doesnt really specify for too much of anything else

Kori Maria Bazanos
Kori Maria Bazanos
answered on Oct 26, 2019

735 ILCS 5/12-901 provides that "If 2 or more individuals own property that is exempt as a homestead, the value of the exemption of each individual may not exceed his or her proportionate share of $30,000 based upon percentage of ownership." This Section further provides that it" is... View More

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