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Illinois Real Estate Law Questions & Answers
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 but... Read 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
Nina Whitehurst 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 your... Read 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... Read 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 into... Read 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... Read 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.

One...
Read 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... Read 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... Read 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 talking divorce can... Read 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... Read 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... Read 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?...
Read more »

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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 not applicable... Read more »

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1 Answer | Asked in Real Estate Law for Illinois on
Q: Who is responsible for trimming trees, bushes on property line ?

Can my neighbor forces me to trim my trees, bushes and vegetation overhanging his property line ?

Can my neighbor to call the police regarding this problem ?

Can I get a ticket from the police officer for overhanging trees, bushes, limbs and vegetation ?

James G. Ahlberg
James G. Ahlberg answered on Aug 5, 2019

The alternative to you trimming your trees and bushes is that the neighbor will do it. He or she can cut the overhanging vegetation right up to the property line -- which means he or she may do it badly and inadvertently harm your plants. Be a good neighbor, prune the stuff.

1 Answer | Asked in Divorce, Real Estate Law and Probate for Illinois on
Q: New Hampshire home owner failed to file quick claim deep signed by ex-spouse. Divorce decree clearly state ex wife

Not entitled to house. Owner died. House in probate. Ex wife now trying to claim house because quick claim deed was not filed 4 years ago when divorce was final. Does ex wife have have legal right to take the house?

James G. Ahlberg
James G. Ahlberg answered on Jul 18, 2019

This is a question to ask a lawyer licensed to practice in New Hampshire, not Illinois.

1 Answer | Asked in Real Estate Law for Illinois on
Q: What are my rights and options?

Long before I moved into my current residence as a newlywed, the neighbor had a privacy fence built that was known by both homeowners to be over the property line into this property. No easement was asked for or paid. The current owner has 3 downspouts that drain onto my yard (two from the house, 1... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jul 13, 2019

I encourage you to make an appointment with a lawyer to discuss your options since there are so many variables. For example, if the former owner of your home gave permission to put the fence on your side of the line, you can revoke the permission and demand that it be removed, but if the neighbor... Read more »

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