When do I have to open a probate case in Illinois?

When do I have to open a probate case in Illinois?

If a loved one has passed on and you are the executor of their estate you need to be sure if you have to open a probate case. Depending on the deceased person’s assets you might not have to open a probate case, which will save the estate time and money.   Obviously every estate is different, and I would recommend talking to a probate attorney (this does not constitute legal advice) if you have any questions about the process. Before taking that step, here are a few guidelines for estates that do not require a probate case be opened: The estate contains no real estate, The estate has no claims or debts, and The estate has less than $100,000.00   Remember, if you do meet these requirements you might not have to open a probate case in Illinois. However, I would talk to a local probate attorney who could evaluate your exact situation and give you advice. I personally have opened and closed many estates in Kane and Cook counties, and I would be delighted to provide you quality legal service for your...
What should I ask a real estate attorney before hiring them?

What should I ask a real estate attorney before hiring them?

Hiring an attorney should never be taken lightly and just because someone has a license to practice law doesn’t mean they are the right attorney for your situation.   Unfortunately, real estate, along with estate planning, are areas of practice where a lot of attorneys try to handle a transaction without having a lot of experience in that particular area of the law. If I were to ever hire an attorney I would be certain that the attorney I am hiring spends most of their time practicing in that area of law. You wouldn’t go to a foot doctor if you had a heart problem, would you?   So, how do you know if you are choosing the right attorney for your problem? Here are a few questions to consider when you are looking to hire a real estate attorney: How many transactions like mine have you handled? What is your billing process? Who else will be working on my transaction? Are you up to date on all the local laws and requirements?   If you are looking for a new real estate attorney please contact me and I can answer any questions you might have. And don’t worry, I limit my practice to only three areas of law: real estate, estate planning, and probate. Trust me, if I do not feel that I would be the best attorney for your situation, I have numerous referral sources that can help. Click here to contact...
What you need to know about a home inspection report…

What you need to know about a home inspection report…

When you are buying a piece of real estate, I would highly recommend getting a certified home inspection on the property. A home inspection points out various problems with the land itself and with the house. Common problems that a home inspection reveals include: 1. Water damage – the obvious and the hidden 2. Mold 3. Dangerous levels of radon 4. Structural defects 5. Unsafe electrical conditions A lot of clients believe that they should ask for everything to be fixed that a home inspector finds to be wrong. That really is not the purpose of the home inspection contingency in the real estate contract. The main purpose is too find out if there are any safety hazards and to know whether the major components of the property are functioning properly. If you do find that any of the major components of the building are not functioning properly it gives the buyer a reason to cancel the contract with no repercussions. Although a home inspection report will list every minor thing that may be wrong with the home, the seller is not required to make minor or cosmetic repairs. I am not saying you can’t use the report as a bargaining tool. What I am saying is that you are not allowed to cancel a contract if the seller doesn’t fix all of the “small stuff.” They are only legally obligated to make repairs or replace major components of the real...