Recent Blog Posts
Why Wills Must Go Through Probate
Probate is a legal process that validates and administers a deceased person's will. While it may seem like an added burden during an already difficult time, probate serves several crucial purposes. If you seek legal assistance related to wills and the probate process, experienced lawyers can take some of the pain out of the process. When you hire a legal professional, they will be able to adequately shed light on the importance of probate in ensuring that the assets in your loved ones will are appropriately distributed and that your deceased loved one's wishes are respected.
Probate Can Validate the Will
Probate ensures that the Illinois will presented is the authentic last will of the deceased. The court will then examine the document's validity, verifying that it meets the legal requirements, such as being properly executed, signed, and witnessed. This validation process helps prevent fraudulent or invalid wills from being enforced, ensuring that the deceased's true intentions are honored.
Yorkville Real Estate Attorney: Legal Tips for Selling Your House
Yorkville Real Estate Lawyer: Tips for Real Estate Sellers in Kendall County, Illinois
At Gateville Law Firm, we specialize in residential real estate transactions for sellers and buyers of property in Yorkville, Oswego, Plano, Newark, Leland, Somonauk, Sandwich, and nearby areas of Kendall County. Our law firm handles real estate transactions through the Chicagoland area & surrounding suburbs. If you are considering selling your home, there are three significant factors that impact the home sale process in Illinois.
A. Attorney Review and Home Inspection Periods
The first factor involves the attorney review and home inspection periods. The attorney review and home inspection periods are significant during a residential real estate sale process. The attorney review period is established under the Multi-Board Residential Real Estate Contract 7.0 (in the future referred to as "Purchase Sale Agreement") and is the standard real estate contract used in Kendall County and surrounding Chicago suburbs. The purpose of the Purchase Sale Agreement is to outline the typical real estate terms and conditions of the sale of residential property in Illinois. Commercial real estate sales have a different version of the real estate contract. The Purchase Sale Agreement includes provisions for the purchase price, closing date, financing terms and arrangements, home inspection, and attorney review periods.
Role of a Seller’s Residential Real Estate Attorney
Plainfield Residential Real Estate Lawyer
A residential real estate attorney assists sellers with the real estate closing process. A real estate attorney and their team help sellers with the following:
-
Review the Multi-Board Residential Real Estate Contract
-
Negotiate the Attorney Review & Home Inspection Periods
-
Order title to detect liens and judgments, which must be satisfied at or before closing.
-
Order a title survey to identify whether encumbrances affect the property interests
-
Find suitable strategies to resolve legal and title issues which could jeopardize the sale of real estate
The primary responsibility of the seller's real estate attorney is to negotiate home inspection issues. The home inspection period is also called the "negotiation period." The negotiation period addresses the problems of home repairs and credits. The buyer generally hires a licensed and professional home inspector that inspects the residential property for certain defects. The home inspection report identifies the concerns and problems involving the property. Certain loan types, such as Veterans and FHA loans, require safety issues to be repaired before they clear to close. A clear-to-close letter is a real estate term used in the industry to indicate that all mortgage loan conditions have been satisfied. The clear to close demonstrates that all necessary documents have been reviewed and approved. The clear to close also mentions that the appraisal has occurred and the borrower has met all the conditions. The only remaining requirement for the closing is the mortgage underwriting must be satisfied that the property and legal title issues are resolved successfully, including the review of the survey and the title commitment and their exceptions.
Plano Real Estate Attorney: Transferring Real Estate Upon Death Without Probate in Illinois
Plano Il Real Estate Transfer Lawyer
After the owner's death, the real estate transfer involves legal aspects, including estate planning and probate law. With the COVID-19 pandemic, there has been an increased awareness of estate planning and the importance of managing real estate. In addition, baby boomers, born after World War II, and their children prepare to pass their assets and wealth to the next generation. Therefore, wealth transfer from generation to generation is a significant legal issue.
However, many baby boomers and their families are unprepared to transfer their assets after death. Illinois has eight types of property ownership: sole property ownership, tenancy by the entirety, joint tenants, tenants in typical, private land trusts, business entity transfer, revocable living trusts, and unprobated estates.
Sole Property Ownership
Sole property ownership refers to when one person holds the legal right to the real estate. This may include married couples who own property solely in one name, widows or widowers whose spouse has passed away, or unmarried individuals or couples.
Newark, IL Buyer’s Real Estate Closing Attorney: Duties of Buyer’s Attorney
Buyer’s Attorney: Reviewing and Proposing Amendments to the Multi-Board Residential Purchase Agreement
Most of the real estate buyer's attorney's job is done before the closing. The Multi-Board Residential Purchase Agreement 7.0 ("the Purchase Agreement") is a standard real estate purchase form used around Newark, Yorkville, Sandwich, Oswego, Plainfield, Joliet, and surrounding areas of Illinois. The Purchase Agreement summarizes the key terms and conditions of the purchase of a residential property and is a legally-binding real estate sales contract. The essential terms of the Purchase Agreement include the following:
-
The Parties. Paragraph 1 identifies the buyer and seller.
-
The Real Estate. Paragraph 2 identifies the property address and Permanent Index Number.
-
Fixtures and Personal Property. Paragraph 3 names the fixtures and personal property included in the sale.
What Happens if Your Spouse Dies and the Real Estate Was Only in Their Name?
This article discusses the impact on spouses dying when real estate is their sole name. In Illinois, significant others and couples reside in real estate when one person's name is on the legal title. Mortgages are often placed in one's spouse's name due to poor credit, or one spouse has a higher income and a credit score to meet the underwriting standards of mortgage providers
People obtain mortgages without a spouse or another person for multiple reasons. First, the person was qualifying for the mortgage primary by the leading financial contributor. Mothers often stay home and place their families above their economic needs. Moreover, self-employed persons need help securing mortgages because the underwriting guidelines are more complicated than those employed by a company. Mothers (and fathers) also tend to work part-time or have flexible work arrangements so that they can cater to their children's extracurricular activities and school schedules. The cost of childcare also is a significant consideration for parents. However, these family sacrifices produce legal obstacles, which place families under challenging circumstances. People may also need to improve their credit, be proactive, and obtain estate planning before an incident
Yorkville Estate Planning Attorney: Frequently Asked Questions About Living Trusts
Structuring one's financial, retirement, and estate planning alternatives to efficiently and affordably leave one's assets to one's loved ones is known as estate planning. Individuals regularly worry about their investments and how the market may harm them.
Asset diversification and asset protection are two legal specializations that work together to optimize protection from events that deplete an individual's assets. Asset management is proactive planning before legal disputes, taxes, and other life occurrences harm a person's wealth and security. Asset protection and estate planning are two practical wealth management techniques that complement one another to provide monetary stability.
A solid legal foundation will be created through estate planning and wealth management, protecting against disability and death. In addition, a person's and their family's assets are safeguarded from hazards by creating an asset management plan. Living trusts are a crucial part of effective estate planning
Montgomery Premarital Agreement Lawyer: Protecting Your Assets & Securing Your Future
Oswego Premarital Agreement Attorney
The term "late-life divorce" is used because a person was divorced over the age of fifty. In addition to the word "late-life divorce," "Grey Divorce" and "Silver Divorce" are terms that describe a middle-aged person divorced beyond the age of 50. We have increasingly become familiar with the divorce rate of couples rising in population. As a result, divorces beyond 50 years of age have substantially increased in popularity, and a divorce significantly impacts one's familial status. In addition, premarital and post-nuptial planning are increasingly popular because spouses have experienced the divorce process and desire to protect their assets in case of a divorce.
Prenuptial agreements are also known as "Prenups." Postnups are legal agreements entered by couples post-marriage designed to protect one's prior financial assets and create a smooth process in case of a divorce. Prenuptial agreements should cover the following topics:
Plainfield Black Real Estate Lawyer: Real Estate Transactions and Black Wealth Transfer
Legal Help with the Sale and Purchase of Real Estate
Historically, Black families have been marginalized from the real estate market. Attorney Sean Robertson aims to increase Black families' access to the real estate market. Attorney Robertson is highly skilled and experienced in residential and commercial real estate transactions. Attorney Robertson is the founder of Gateville Law Firm, with over 50 years of real estate experience. Our support staff has worked for reputable title companies where they have processed multiple thousands of real estate transactions. Experience should matter to you because thousands of real estate transactions teach invaluable lessons which can benefit you. At Gateville Law Firm, our real estate attorneys and the team have established a top-notched real estate reputation.
Real Estate Team for Real Estate Investors
Real estate transactions require precision and expertise. In addition, real estate investors need experience and asset protection knowledge. Attorney Robertson graduated from DePaul University College of Law, where he concentrated his legal studies in tax and wealth law. Attorney Robertson focused on tax law because it has a significant background in the following areas:
How to Structure The Sale and Purchase of a Restaurant
Yorkville Sale of Restaurant Attorney: Structuring The Commercial Purchase or Sale of a Restaurant in Kendall County
Structuring a purchase of a restaurant when you are purchasing the building and the business requires careful planning and consideration. There are two significant steps in the commercial purchase and sale process, along with legal concerns for the commercial real estate purchase of the building. The first step is negotiating a letter of intent.
A letter of intent is a non-legally binding letter that summarizes the terms and conditions of the restaurant purchase. The purpose of a letter of intent is to describe the potential acquisition of the restaurant and commercial building and show a seller that the buyer is serious. Furthermore, the letter of intent secures the exclusive negotiations involving the proposed buyer and the seller. The letter of intent must summarize the rights and responsibilities of the buyer and seller. The letter of intent also will have an initial deposit of money that will be exchanged called "earnest money." The earnest money shows the buyer's seriousness in purchasing the business.
Questions?
Contact Us Today
Call 630-780-1034 or fill out the form below to set up a free consultation today:
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
Results listed are not a guarantee or indication of future case results.
201 East Veterans Parkway, Suite 14,
Yorkville, IL 60560
630-780-1034
