If you are thinking of buying a home it is not required, but highly recommended, that you get a home inspection by a qualified home inspector. What is a home inspection and how should you use the report? A home inspection is exactly what it sounds like, a thorough inspection of the property by a private licensed inspector. Once you sign the real estate contract and the seller has accepted the contract by signing it, you need to schedule your home inspection to take place as soon as possible. From the date the contract is accepted, you have five business days to have the home inspected and for your attorney to send a letter requesting repairs to the seller’s attorney.  The inspector should go through the entire home.  Usually the company uses a simple rating system for the components of the real estate. Items are then rated as Acceptable, Marginal (Item is not fully functional requires repair or servicing), or Defective (item needs immediate repair or replacement. It is unable to perform its intended function)... Read more athttps://laurenjacksonlaw.com/what-is-included-in-a-home-inspection-report/ ...read more

Please read athttps://laurenjacksonlaw.com/the-power-of-a-power-of-attorney-for-property/ ...read more

If you are trying to find out if a probate case has been opened for a deceased individual, there are a few steps you can take to find out that information. If a probate estate has been opened, it will be with the county court for the county where the deceased party was residing when he or she died. Here is a link for helpful websites if you are doing the research on your own.http://laurenjacksonlaw.com/legalresources/ Court records are now online so you should be able to go to the circuit clerk of the court website for the particular county where you think the probate case should be open and do a name search to see if there is an open probate case for the deceased individual.  If you cannot find an open probate case for the person, and you want or need to open a probate as a creditor of the deceased person’s estate, then you would need to contact a probate attorney who handles probate work, as there are very specific forms and procedures that must be followed. If you attempt to open a probate case and do not follow the proper procedure, the clerk’s office will not open the case, or if you can get it open, the probate court judge will likely dismiss the case for failure to provide all the statutorily required documents.  My office has been handling Kane County, Cook County, DuPage County, and Lake County probate cases for over ten years. We are very efficient in our services and know what needs to be done. Contact us today so we can get started in helping you accomplish your probate goals.  ...read more

Occasionally, I have a case brought to my practice where a homeowner has died and had no known family members to whom the house should transfer. In this case, there are a few different options for how to handle the future ownership of the house. If the homeowner created a trust before the death, and the house was properly transferred into the trust, then the successor trustee is responsible for making sure the mortgage payments are made out of other trust assets until such a time as the trustee is able to follow the terms of the trust as to the disposition of the property. Typically, the trust will direct either who gets the house, or that all trust assets be sold and the proceeds distributed in percentages to individual people and/or a not-for-profit organization. If the home was owned in the owner’s name individually, then a probate estate must be opened in order to transfer ownership of the house. The probate case must be opened with the county court in for the county where the owner had residency prior to the death. For example, if the owner lived in Kane County, the probate case will be opened in Kane County.  Once theprobatecase has been opened, the executor of the estate is responsible for making sure the mortgage payment is made, either out of other probate assets, or his own personal funds, until probate assets can be liquidated. The executor can then pay himself back once there are liquid assets available to do that. The payment would have to continue to be made until such a time as the estate can deal with how the mortgage will be paid off and the property, or its proceeds, distributed.  If nothing is done with the property and the monthly mortgage payment goes unpaid, the lender, after three months of no payment, has the right to begin the foreclosure process and will ultimately take the property and sell it in order to pay off the balance of the mortgage. This is an unfortunate result, but if the owner of the house owed more money then current real estate pricing, there may be no money to disperse. Whatever the situation you maybe dealing with on the sale of a property where the owner is deceased, we can help you solve your problem. If it is probate orselling the house, contact us and we can help you. laurenjacksonlaw.com ...read more

Yes, if you are named in a trust as a beneficiary then you are entitled to a copy of the trust and an accounting annually of the entire estate. A lot of people keep their estate plan private for a multitude of reasons. However, when someone dies and you have been named as a beneficiary you may want to know your rights. Whether, the trustee of the trust likes it or not they have to comply with the law by providing you with a copy of the trust and an accounting of the estate. The trustee has a legal obligation to the beneficiaries to comply those requirements. The easiest way to get the answers you are looking for is to be open with the trustee and request the information; however, but if your relationship with the trustee is contentious, and he or she is refusing to provide the requested information, your last resort is to file a lawsuit against the trustee for breaching his or her fiduciary duties.  Depending on how much money is involved, I would try to resolve the issue without the involvement of attorneys. It may not be financially reasonable, however, if you are looking to protect your interests litigation may be the only way. The first step an attorney may take is to send a letter to the trustee, or the trustee’s attorney, requesting a copy of the trust and an accounting of the trust assets. If that doesn’t get you anywhere, your attorney may advise you to file a lawsuit so that you can get an order from a judge ordering the trustee to provide you the trust and accounting.  ...read more

Chicago's Consumer Checkbook came out in December 2018 with the best kennels. See the entire interview with Consumers Checkbook's Exec.Editor, Kevin Brasler on WGN Morning News program by clicking on the link below: https://wgntv.com/2018/12/05/chicago-consumers-checkbook-shows-us-which-kennels-to-take-our-pets/ (please copy link above and paste it into your browser) TOP-RATED KENNELS FOR QUALITY AND PRICE • Happy Paws Pet Resort, Carol Stream • Katering Kennels, Lemont • Loubelle`s Kennels, South Holland • Midwest Animal Hospital, Orland Park • Tanglewood Kennels, St. Charles • Til-Mar Kennel, Homer Glen POSTED 7:22 AM, DECEMBER 5, 2018, BY IKEKATOS1212, UPDATED AT 07:27AM, DECEMBER 5, 2018 ...read more

https://laurenjacksonlaw.com/what-is-a-real-estate-transfer-stamp/ Many cities and villages in Chicagoland and throughout Illinois require you to obtain a real estate transfer stamp before you can complete the sale of your property. If one is required, title companies will not complete the transaction unless a transfer stamp is provided the day of the sale. What is a real estate transfer stamp and how do you get one? A city or village that has a transfer stamp will have some, or all, of the following requirements: property owner must pay any outstanding water bills, sewer bills, garbage fees, local ordinance fines, citations and penalties before the transfer stamp will be issued. Additionally, a tax for moving out of the municipality may be charged. The amount will depend on the sale price of the property. To make sure your real estate sale will close on time, someone must contact your city or village hall and give them ample time to prepare everything for the purchase of the stamp. Proper paperwork must be filled out and submitted and the municipality may have to send someone over to the property for a final water meter reading. Usually, this can be accomplished within a couple of days but it can take up to a week for the process to complete. If you want your real estate closing to go as smooth as possible, it’s a smart choice to use an attorney who handles real estate transactions on a daily basis. Contact us for us to get working for you! The following towns have real estate transfer stamp requirements: Addison, Aurora, Bartlett, Bolingbrook, Buffalo Grove, Carol Stream, Chicago, Des Plaines, Elgin, Elmhurst, Hanover Park, Hoffman Estates, Joliet, Mount Prospect, Naperville, Rolling Meadows, Schaumburg, Streamwood, Sycamore, and Wheaton. The following towns do not have real estate transfer stamp requirements: Algonquin, Arlington Heights, Barrington, Batavia, Carpentersville, Crystal Lake, DeKalb, Downers Grove, Hampshire, Huntley, Lake in the Hills, Rosemont, St. Charles, Sleepy Hollow, South Elgin, West Dundee. *Cities change requirements and this list might not be up to date. Please check each city’s own requirements at the time of your sale* ...read more

St Charles Taxi Shuttle welcomes you to book ✓Schaumburg to O’Hare Airport Taxi Cab ✓Schaumburg to Midway Airport Taxi Cab IL. St Charles Taxi Shuttle is your nearby, put stock in accomplice for airplane terminal transportation, neighborhood and whole deal treks and bundle conveyance ...read more

If you are selling a house, what exactly happens the day of the closing? First, the buyer will need to accomplish a final walk-through of the property. Before this can happen, all of your possessions must be out of the house. The buyer and their realtor will then visit the property one last time before heading to the closing meeting. I would estimate that over 75% of my clients who are selling, opt to not show up to the closing. What does that mean? It means that we sign all of the paperwork before the day of the closing at your convenience. Closings are during the week, during the day, and if you do not have to take off work why should you. For this to happen you must sign all of the proper documents beforehand. If you show up at the closing, you will get your money right when the transaction is final. The problem with this is there is no set time on how long a closing will last. If something goes wrong with the buyer’s financing, it could take as long as three hours. If you opt to not attend the closing, we will just then set up a time where your check can be picked up at your convenience. If you are buying a home, you will have to complete your final walk-through of the property. During this time you are checking to make sure all items during negotiations were corrected and no major damage has been done to the property since agreeing to purchase it. Once that is complete, it will be time to buy the property. Most closings will take place at a local title company. We will meet there and a title company representative will help us navigate us through the process. You must bring a proper state valid ID to the closing. Also, depending on the amount of money you bring, you must have a certified check. The title company representative will give us two stacks of paper. One stack will be from your lending bank. We will go through those first and the representative will send the bank the completed documents so that the loan can be approved. We will then have to go through another stack of papers that outlines all of your rights regarding your closing process. Once the title company receives final approval from your bank that the deal has funded, you are now the homeowner. The money will be dispersed, keys will be exchanged, and you are a new homeowner. Depending on how many questions are asked and the paperwork required from your bank a typical closing will last 1-2 hours long. https://laurenjacksonlaw.com/what-happens-the-day-of-your-real-estate-closing/ ...read more

In the estate-planning world, there are many different requirements (depending on the state) for a last will and testament to be valid. One of the main reasons to make a Will is for it to set forth the final distribution of your assets. There is no point in having a Will if it is not deemed valid in the event it is challenged in a court of law. Each state has its own requirements, but the following is for Wills that are created in the state of Illinois. First, the person making the Will must be of sound mind at the time it is signed. They must know what they are doing, what assets they own, and how the assets will be distributed. At the end of one’s life, many families try to create a Will for their dying loved one based on how they believe the soon to be departed person wants the assets to be distributed. This is where a snag comes into place. A notary and the two witnesses cannot sign the Will if the client is not of sound mind when he or she signs it. If they do, it could be considered fraud or undue influence and the Will could be invalidated if challenged. If the maker of a Will has been deemed disabled by a court of law, any Will he or she makes after the date of the court determination, will be presumed invalid. A Will must have proper signatures in order to be valid. For my clients, I like them to initial every page of the Will and sign their name on the last page. We also make sure there is a clear page number on every page, so no pages can be added or removed between its signing and the death of the maker. A Will must have proper witnesses. In Illinois, a Will must have a minimum of two credible witnesses. That means the witnesses must be competent, have the mental capacity to understand what they are signing and be at least 18 years of age. Additionally, the witnesses cannot be interested parties, meaning they cannot be named in the Will as receiving any benefit, nor can they be family members who could possibly take under the Will per the IL probate descent and distribution statute. We also like to have the maker’s signature notarized in addition to the two disinterested, credible witnesses for extra security. One claim to invalidate a Will involves fraud. Knowingly making false statements or having the intention to deceive anyone can be grounds for dismissal of the Will in probate court. Wills should be as clear as possible to make sure all of your wishes will be carried out as intended. As you can see, there are many reasons how a Will could be invalidated. Unfortunately, I have reviewed many Wills brought in by potential clients which are not valid as a result of the client trying to either use an online form they found on the Internet or by using an attorney who does not specialize in estate planning. Don’t waste your time by trying to do this yourself, and make sure your final wishes come true, call us today! ...read more

When you are selling your home (or any type of property for that matter) sellers are always curious what their closing costs are going to run. Sometimes the costs can make the difference as to whether you get money back or have to bring money to the closing. A lot of people do not realize how expensive it can be to sell their home.  Below is a breakdown of the typical closing costs you will incur when you are selling your home: Realtor fees This will usually be your biggest fee. Typical realtor fees range from 4-6% of the purchase price. Even if you are doing a for sale by owner, if the buyer of your property uses a realtor you will be expected to pay their realtor (2 ½ – 3%). Attorney fees Although some people take the risk when buying a property and don’t use an attorney, when you are selling real estate, it is almost impossible in the state of Illinois not to hire an attorney. The attorney will handle all negotiations and documentation you are contractually required to provide. Some title companies will not deal with you without attorney representation. Title Company Fees It doesn’t matter what title company you use; you will incur fees. For the most part, at the end of the transaction, most title company’s fees will be competitive. The biggest factor on the title company fees is the purchase or sale price. Fees range from $2500-$7500. Survey For most sales, you will have to provide a survey of the property. Generally, if you have owned your house for more than six years, you will have to pay for a new survey. However, if you have a survey that is less than 6 years old, generally, we can ask the purchaser if they will accept it along with an affidavit from you that you haven’t made any improvements in order to save you that fee. Well and Septic If your home has a well and septic system, you do have to pay for it to be tested and serviced. It must be in good working order. Association Paid Assessment Letter If your home is in an association you will have to get a letter from them stating that all association dues are current. Depending on the size of the association, if they use an outside company to handle providing the documentation, the cost can range from $200 – $500. Taxes Real Estate Taxes – You will have to give a credit to the buyer for any unpaid property taxes through the date of closing. For example, if the second installment from the year before has not yet been paid, you have to give the buyer a credit for that amount so that the buyer can pay the bill when it comes due. Additionally, the current year’s taxes get prorated through the day of closing and a credit is provided to the buyer for that amount as well.State and County Tax – Every real estate transaction is reported and you do have to pay state and county tax. That is paid at closing as well. https://laurenjacksonlaw.com/what-is-included-in-closing-costs/ ...read more

In the state of Illinois, if you own a single family home or a townhouse with its own lot number, and you are selling your property, your real estate contract will require you to provide a survey to your buyer dated within the last six months. If you have bought the home in the past five years, and you can sign an affidavit stating that you have made no changes to the home since you have owned the property, it is possible to ask the buyers if they would accept an old survey with an affidavit of no improvements.  However, do not get your hopes up, the older the survey is, the more likely your buyer will say no, and there is no argument to be made to take the old survey because the standard real estate contract states you must provide one dated within the past six months.  The average cost for a survey in our area is approximately $400 - $500. A licensed surveyor must prepare it. The survey will show exactly what land is being purchased, including the property boundaries, structures, any easements, set backs and potential encroachments.  Original article: https://laurenjacksonlaw.com/who-pays-for-the-survey-when-buying-a-house/ ...read more

If you are in the process of buying a home or piece of property, one thing I advise my clients to do as soon as the ink on the contract is dry is to set up an inspection of the property performed by a certified home inspector. A lot of individuals think they can have any “handyman” walk through the property. However, if you plan on negotiating with the seller and asking for things to be repaired or replaced, you will need an inspection report prepared by a certified inspector. After getting the inspection report back, you will most likely have a long list of items that the home inspector noted needs fixing or “may” need fixing in the near future. If you are my client, once you have received the report, we will go over each item on the report to determine what you will ask the owner of the property to repair or replace before your closing. A common misconception is that the seller has to fix everything the home inspector flagged on his report. That is not the case. The standard real estate contract in Illinois only allows buyers to ask the sellers to repair a very limited set of items. This includes only the major components of the real estate (i.e., electrical, plumbing, roof, foundation, HVAC, etc.) that are defective or non-operational at the time of the inspection. The real estate contract specifically states that just because an item is old, or at the end of its useful life, does not mean it is defective, and is therefore, not a covered item by the inspection contingency in the contract. Often, buyers ask for cosmetic or other non-covered repairs. If that is your desire, I typically recommend requesting one or two of these items to see if the owner will repair them as a courtesy. If they say no, it is not and should not be a deal killer. A good way for a buyer to kill the deal is to give the owner the inspection report and request that every item raised by the inspector be repaired/replaced, regardless of whether it is covered by the inspection contingency clause in the contract. No seller is going to do that. This course of action can result in excessive negotiation, which will only delay your closing, and could ultimately cause the seller to cancel the contract. Therefore, if you are serious about buying the property, it is best to ask the owner to repair only the defects comprised of the major components of the real estate and would be a deal killer for you if the seller does not agree to make the requested repairs. If you are in the process of buying a home and would like to work together, please contact us today. http://laurenjacksonlaw.com/real-estate-inspection-report-can-ask-seller-fix/ ...read more

As a real estate attorney, I have seen every reason or excuse as to why a buyer can’t close on time and requests an extension of the closing date. The most common reason being that the buyer’s lender is not ready with the loan approval, due to a plethora of reasons, and the buyer has not been yet been approved for the mortgage. What are your options as the seller, if this keeps happening? When you agree to sell your property to a buyer, both parties sign a contract. For the contract to be valid, a closing date is written into the contract. Depending on how long the buyer’s loan process takes, the date may change, but a date must be stated in the agreement. In the standard real estate contract, there is a clause called the mortgage contingency. If for some reason, the buyer can’t qualify for a mortgage they can cancel the deal and get their earnest money back so long as the cancellation is done within the allowed timeframe. If you have been agreeing to requests by the buyer to extend the mortgage contingency and closing date deadlines, then the buyer’s earnest money is protected in the event he or she must cancel. Your only option at that point is either continue to wait it out with the buyer’s lender to see if he or she eventually gets qualified, or you can say no to the next contingency extension request. That will force the buyer to cancel the deal, however, he or she will get the earnest money back. Buying and selling real estate can be a highly emotional and stressful transaction. We know the process, can provide excellent advice as to how to handle mortgage approval delays, and would be happy to work with you on your deal. Contact us today to ensure your deal goes as smoothly as possible. ...read more

If you know that you are listed as a beneficiary in a will or trust estate plan, what rights do you have when the executor is not being forthcoming? If you are a beneficiary of a will only (not a trust), there should be a probate court case that is open in the county court where the deceased resided. If there is, you should get a probate attorney to represent you with respect to your interest in the estate, file an appearance and get up to speed on the assets and where the executor is at in the distribution process. There are rules that executors must follow with respect to disclosing estate expenses, distributions and documenting those with an accounting.  If you are a beneficiary of a trust (not a will), you should get an estate attorney to represent you with respect to your interest as a beneficiary of the trust and demand to see a copy of the trust and an accounting. If the executor is not forthcoming, your attorney will have to file a lawsuit against them in order to enforce your rights pursuant to the terms of the trust and the Illinois Trust and Trustees Act. Unfortunately, when money is involved, people can get secretive and even untrustworthy. However, estate plans are completed to honor the dying wishes of the deceased party and are legal binding documents.  If you are interested in completing an estate plan or need help with respect to your rights as a beneficiary, please contact us today. Read more at http://laurenjacksonlaw.com/beneficiary-rights-probate-trust-executor/ ...read more