DGAA bLAWg

Homestead Rights in Illinois

Web Admin - Thursday, October 23, 2014

homestead rights in Illinois, Palatine estate planning lawyerWhile there are many well known government programs and policies designed to provide relief during difficult economic times, there are other laws people can take advantage of that are less commonly talked about. One of these laws is known as “homestead rights.” Homestead rights are a protection provided by Illinois law that provide certain immunities from debt collection efforts by creditors. However, these immunities are not absolute, so it is important for people exercising their homestead rights to understand the exact limitations of those rights.

What Homestead Rights Are

Homestead rights are a statutory protection against creditors designed to help people avoid becoming homeless because of changing economic circumstances. The rights allow the debtor to exempt $15,000 worth of real estate from the collection efforts of creditors or their agents. Additionally, if a married couple owns the home, then they can pool their homestead rights together to protect the same house. This gives them an exemption of $30,000. This exemption also survives the death or desertion of a spouse. The exemption can also be passed down to the children of the married couple, at least until the youngest child turns 18.

Illinois' homestead laws are also slightly different than the laws in some other states. Many states choose to restrict the amount of acreage that a person can use the homestead exemption on in addition to capping the total value of the property. Illinois has no such acreage cap. This means that the size of the property is irrelevant to the homestead rights, and that it is purely an issue of how much the land is worth.

What Homestead Rights Do Not Protect

Notably, homestead rights do not provide absolute protection against every type of creditor. For instance, the state legislature wrote an exception into the protection for the purposes of state taxes, so if the creditor is the state of Illinois then the exemption does not apply. Similarly, homestead rights are created by state law, which federal law can supersede, so they provide no protection against the federal government's collecting taxes either. The rights also do not function in many circumstances where the money owed is related to the property itself. A person who uses the house as collateral for a mortgage does not get protection if their home is being foreclosed. Additionally, if the person owes money to contractors for doing work on the home, then the homestead rights do not apply to those debts. Further, the homestead rights can be signed away in writing, which would also remove their protection.

If you have questions about your homestead rights or some other property interest, talk to an experienced Palatine, Illinois estate planning attorney today. Our firm helps clients in many northwest suburban towns including Barrington, Long Grove, and Arlington Heights.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.


Recent Posts


Tags

power of attorney Riverwoods estate planning lawyer Des Plaines license reinstatement Rolling Meadows employment attorney employment contract Self-Directed IRA Accounts surgical mistakes Rolling Meadows real estate attorney Rolling Meadows coronavirus business litigation employment lawyer Buffalo Grove traffic attorney social media after death DUI penalities anesthesia errors Arlington Heights TBI attorney Mount Prospect elder law attorney Illinois personal injury lawyers bicycle accidents Affordable Care Act Rolling Meadows life insurance claim denial attorney Crystal Lake bike accident lawyer Crystal Lake civil litigation lawyer medical malpractice insurance denial appeals top life insurance claim denials Kenilworth estate planning attorney filing a medical malpractice claim Schaumburg probate attorney Buffalo Grove insurance claim dispute lawyers insurance adjusters Long Grove real estate attorney uninsured motorist reckless homicide forming a corporation in Illinois landlord spinal cord injury digital evidence Crystal Lake criminal defense attorney IRELA Illinois wrongful termination lawyer Des Plaines motorcycle accident attorney Palatine personal injury lawyer trustee Palatine civil attorney Barrington personal injury attorney Illinois insurance claim dispute lawyers commercial leasing POA Illinois elder law attorney Deer Park accident attorney criminal defense Deer Park motorcycle accident lawyer Illinois traffic attorneys preventable medical errors Buffalo Grove law firm caretaker rights traffic offenses Barrington civil litigation attorney estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Crystal Lake insurance lawyer disability benefits startup company Illinois jet ski accident lawyer Schaumburg injury lawyer Des Plaines civil attorney DUI federal regulations for LLCs Buffalo Grove probate lawyer pay when paid contract Rolling Meadows personal injury attorney South Barrington real estate lawyer slip and fall accidents federal crimes boating under the influence license suspension hiring employees Schaumburg estate planning lawyer medical research wills Rolling Meadows car accident lawyers Arlington Heights criminal lawyer comparative negligence Rolling Meadows insurance dispute lawyers, insurance dispute marijuana Arlington Heights personal injury attorney Palatine traffic accidents estate plan bike accident Deer Park criminal attorney pizza emoji compensatory time Rolling Meadows insurance dispute lawyers Palatine injury attorney Deer Park personal injury lawyer Des Plaines personal injury attorney Arlington Heights wills and trusts attorney Illinois employment lawyer Rolling Meadows criminal attorney traumatic brain injury Crystal Lake traffic lawyer Palatine elder law attorney Des Plaines insurance attorney slip and fall Des Plaines collections attorney South Barrington real estate attorney icy parking lots Barrington employment law firm Des Plaines criminal attorney Illinois civil litigation lawyer Illinois collections attorney employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Detainer Actions DNR Thanksgiving Rolling Meadows employment law attorney Schaumburg personal injury attorney School Visitation Rights Act Illinois medical malpractice lawyers insurance agent negligence Schaumburg personal injury lawyer employee misclassification Palatine employment law lawyer liability claims no contest clauses caregiver pet bites Barrington workers compensation attorney truck collisions probate claims process digital assets Illinois Probate Act of 1975 Policy Cancellation taxes Home Sale Contingencies Transfer on Death Instrument Illinois defective products attorney Kenilworth estate planning lawyer natural gas explosion Chicago trucking accident attorney trucking accidents small business medical marijuana BUI license revocation Illinois job attorney Crystal Lake injury attorney low-ball insurance settlement Long Grove wills and trusts attorneys power of attorney for healthcare deed transfer operating agreements sexual images Illinois insurance lawyer privacy mortgage Schaumburg corporate attorney Illinois construction accident attorney Schaumburg drug defense lawyer Barrington estate planning lawyer Kenilworth estate planning attorneys pedestrian-automobile accident texting while driving Inverness DUI lawyer life insurance claims Deer Park real estate law firm murder defense Barrington criminal lawyer Schaumburg medical malpractice lawyer insurance claim delay construction accidents Crystal Lake pedestrian accident lawyer Arlington Heights wills and trusts attorneys Chicago estate planning Illinois medical malpractice attorney BAIID cell phone Illinois mortgages Landlord Tenant Ordinance child safety Illinois insurance disputes Des Plaines pet law attorney Illinois living will bicycle dooring accidents Inverness real estate lawyer wills and trusts wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Arlington Heights medical malpractice lawyer Illinois motorcycle accident lawyer agent Arlington Heights injury attorney Rolling Meadows Attorney employees Illinois home inspection sole proprietorship Schaumburg personal injury lawyers drug crimes Illinois employment law firm Des Plaines personal injury lawyer special needs trust wrongful death real estate Arlington Heights trucking lawyer preventing accidents Rolling Meadows Traffic Lawyer insurance claims Illinois personal injury attorney real estate contract pedestrian accidents insurance dispute breathalyzer test probate claims vacation home fines Buffalo Grove criminal defense lawyer income distribution deducation Barrington employment attorney products liability Crystal Lake law firm Buffalo Grove injury lawyer Inverness insurance attorney Buffalo Grove corporate attorney Palatine traffic lawyer Illinois pedestrian accident attorney clemency Palatine estate planning lawyer Rolling Meadows employment law attorneys Barrington business law firm car accidents Arlington Heights personal injury lawyer criminal insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys whistleblower protections Chicago employment attorney contracts how to avoid common denials of life insurance claims employment law fault based insurance car crash injuries insufficient documentation civil rights violation lapse in policy irrevocable trust trusts motorcycle accident Illinois traffic accident lawyer Palatine construction attorney Illinois cell phone tower data Arlington Heights wills and trusts lawyers Chicago will attorney, social media platforms, Illinois estate planning lawyer, Do Not Resuscitate marijuana crimes attorney Federal Food Drug and Cosmetic Act personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Des Plaines injury law firm vacation home severance agreements Arlington Heights insurance attorney meal breaks Schaumburg estate planning attorney premises liability Illinois workplace lawyer insurance claim denials Rolling Meadows drug defense attorney Arlington Heights accident attorney Long Grove real estate lawyer head on collisions Chicago corporate attorney trucking accident lawyers hands free device IRA trust transfer LLCs Inverness traffic law firm medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers BAC Barrington Traffic Lawyer Chicago insurance claim attorneys Arlington Heights car crash attorneys underage DUI civil litigation Illinois corporate lawyer Crystal Lake will lawyer first degree murder Illinois Human Rights Act Schaumburg subcontractor Buffalo Grove employment lawyer loopholes Illinois real estate lawyer Palatine criminal defense lawyer capital gains tax probate lawyer estate planning for college students condo landlord tenant law Rolling Meadows personal injury lawyers texting and driving paid sick leave Palatine life insurance lawyer Illinois wills and trusts DUI defense appealing an insurance claim Family Medical Leave Act Schaumburg traffic lawyer Des Plaines accident attorney Deer Park traffic lawyer drunk driving statistics rest breaks insurance agents Illinois workers compensation lawyer driving boating DUI Des Plaines real estate attorney living wills pet law Legal Info TBI traffic deaths FSLA denial of insurance claim Palatine business attorney expungement car crashes institutional trustee Deer Park DUI lawyer life insurance claim denial, denial of life insurance claim cause-of-death exclusions Rolling Meadows DUI lawyer Illinois estate planning law firm Arlington Heights tax lawyer estate planning lawyer insurance dispute attorney boating accidents living trust benefits Colin Gilbert jet ski DMV trust payments Crystal Lake personal injury lawyer real estate attorneys cell phone accidents internet Illinois medical malpractice case Buffalo Grove traffic lawyers pedestrian accident right to work brain injury Deer Park workers compensation lawyer Buffalo Grove medical malpractice lawyers car accident lawyers denied insurance claim medical malpractice compensation Illinois injury lawyer Crystal Lake estate planning lawyer Chicago estate planning lawyer Des Plaines medical malpractice attorney golf accidents Barrington injury attorney Illinois Transfer on Death Instrument Barrington attorney Illinois traffic attorney Illinois employment law attorney Palatine Attorney trauma after an accident Illinois personal injury Illinois driving without license DGAA traumatic brain injuries Barrington boating accident attorney Schaumburg construction accident lawyer Palatine real estate lawyer Inverness accident lawyer Barrington drug crime attorney holiday statistics Barrington employment law attorney modern family estate planning liens Illinois insurance claim dispute lawyer workers comp Food and Drug Administration's Food Safety Modernization Act commercial real estate Super Mario real estate attorney digital media accounts, estate planning, Arlington Heights estate planning attorney, Rolling Meadows traffic attorney guardianship attorney Rolling Meadows personal injury lawyer Long Grove estate planning attorneys car accident lawyer living trust Illinois criminal defense attorney Illinois small business drug crimes lawyer Illinois insurance dispute lawyers Palatine insurance lawyer Inverness real estate attorney defective products lawyer construction contracts Illinois attorney breach of contract back injuries elder law Crystal Lake employment law attorney Buffalo Grove car accident lawyer Illinois workplace discrimination attorney distracted driving accidents Des Plaines Traffic Lawyer Illinois registered agent Illinois insurance claim attorney murder corporate law Barrington criminal defense lawyer suspended license Chicago will attorney Schaumburg employment law attorneys insurance disputes Chicago attorney Liquor Control Act Illinois Sales Representative Act Illinois trusts attorney Palatine employment attorney Crystal lake insurance dispute attorney overtime violations Illinois insurance claims lawyers product liability manufacturing insurance claim dispute attorney attorney fees comp time Schaumburg elder law lawyer loss of consortium Schaumburg estate attorney Home Remodeling Repair Act Des Plaines tax law firm Des Plaines DUI attorney real estate zoning installment contracts Buffalo Grove real estate attorney field sobriety test college kids Jay Andrew estate planning Whistleblower Claims PTSD insurance claim dispute digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers eluding a police officer Employment Discrimination Law Chicago lawyer elder abuse swimming pools traffic crimes nursing home negligence Rolling Meadows criminal lawyer Palatine punch death changes to mortgage law fatal car accidents underfunded trust Illinois employment laws consent to a search Schaumburg criminal attorney automated cars Illinois Smoke Detector Act Mt Prospect Attorney Des Plaines real estate lawyer in terrorem provision Illinois employment law CAM rollover accidents IRS Buffalo Grove life insurance attorney Schaumburg wrongful death attorney Exclusions Illinois car accident attorney Illinois trucking safety Illinois insurance attorney Rolling Meadows marijuana attorney Inverness corporate attorney Schaumburg civil litigation attorney Palatine trusts lawyer Arlington Heights real estate lawyer creditors underinsured motorist auto accidents insurance denials car accident residential real estate Chicago insurance law firm minimum wage financial advisors material misrepresentation natural gas Rolling Meadows accident lawyer hit and run accident Schaumburg insurance lawyers revenge porn Joliet general practice lawyers controlled substance Illinois law Barrington litigation attorney life insurance lawyer traffic tickets personal injury Illinois traffic ticket lawyer Illinois boating accident lawyer new real estate form Deer Park traffic accident attorney Illinois Workers’ Compensation Commission unpaid overtime Palatine civil litigation lawyer real estate leasing Illinois bicycle safety Rolling Meadows insurance attorney Attorney Ken Apicella Chicago employment lawyer DUI attorney spinal cord injuries healthcare Fair Labor Standards Act Rolling Meadows medical malpractice lawyers overtime pay ken apicella owner responsibility sexual harassment Illinois traffic laws commercial leases homestead rights personal injury attorney Illinois estate planning beneficiary complications food poisoning workers compensation Mount Prospect wills and trusts lawyers Rolling Meadows corporate lawyer Chicago car accident lawyer real estate lawyer Chicago life insurance attorney Des Plaines drug crimes lawyer jet ski accidents Palatine workers compensation lawyer Arlington Heights estate planning attorney medication errors Des Plaines claims law firm Illinois employment law attorneys rent to own real estate contracts fiduciary rule mass shooting wage theft real estate closing defective products Illinois personal injury lawyer pregnant women Crystal Lake medical malpractice law firm Rolling Meadows tax attorney Inverness injury lawyer personal injury claims estate planning attorney Illinois workers compensation attorney healthcare claims speeding traffic violations Crystal Lake medical malpractice attorneys personal injury law firm Deer Park medical malpractice attorney workplace sexual harassment wrongful termination privacy laws gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys estate planning trusts Inverness personal injury attorney Mount Prospect real estate lawyer rumble strips insurance negligence Palatine corporate law attorneys murder charges pain and suffering drugs accidental death benefits civil litigation attorney Inverness estate planning lawyer Palatine law firm estate attorney living trust vs will gift taxes insurance claim blood alcohol content Schaumburg life insurance attorney life insurance Arlington Heights Attorney insurance claim denial Arlington Heights pedestrian accidents drunk driving Illinois red light cameras job lawyers Rolling Meadows probate lawyer involuntary manslaughter Crystal Lake business law attorneys Illinois business lawyer home inspection lawyer Illinois tax attorney FMLA Class A misdemeanor ACA employee discrimination personal injury accidents Crystal Lake traffic attorney Palatine employment lawyer Illinois rollover accident lawyers most common reasons for life insurance claim denials Barrington estate planning attorney Arlington Heights traffic attorney Rolling Meadows business lawyer Buffalo Grove personal injury attorney Palatine probate lawyer Schaumburg real estate lawyer Inverness elder law lawyer Illinois speeding lawyer employment law, Illinois employment laws IRA benefits Barrington life insurance lawyer estate tax employee rights Crystal Lake car accident lawyer traffic violations defense Barrington medical malpractice lawyers Illinois wills and trusts attorneys trench injuries Illinois employee rights attorney. Schaumburg car accident attorney work unions Arlington Heights Traffic Lawyer GM ignition switches dealing with problem employees Long Grove estate planning attorney Crystal Lake car accident attorney Arlington Heights lawyer Deer Park employment law attorney Chicago biking tips employment attorney probate blended families Retaliatory Discharge Rolling Meadows litigation lawyer Rolling Meadows estate planning attorney independent contractor Arlington Heights car accident lawyer Inverness probate lawyer Rolling Meadows boating crash lawyer estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers health insurance dispute Illinois Wage Payment and Collection Act bad faith insurance claims Schaumburg Attorney Crystal Lake medical malpractice lawyer distracted driving accident victims digital information unfunded trust Illinois will lawyer Crystal Lake employment attorney llinois Real Estate Lawyers Association liability traffic accidents Crystal Lake tax lawyer Illinois business law atorneys personal injury claim unauthorized overtime Illinois estate planning attorney probate fees drug crime fiduciary rule delay Barrington Illinois estate planning lawyer Des Plaines personal injury lawyers rollover car crashes crossover accidents denial of life insurance Palatine drug lawyer Rolling Meadows traffic law firm Rolling Meadows insurance lawyer Illinois medical malpractice claim personal injury lawyer denied insurance claims life insurance policy motorcycle accident lawyer Colin H. Gilbert car collision probate process Chicago traffic lawyer Illinois LLC creation Palatine corporate attorney Forcible Entry Long Grove estate planning medical malpractice claims Barrington personal injury lawyer senior citizens Illinois probate lawyer insurance attorney unpaid assessment Arlington Heights employment attorney Illinois real estate dog bites ObamaCare criminal law workers compensation benefits Crystal Lake pet attorney dram shop law criminal record condo association employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Illinois Trust Code Illinois employment attorneys dynasty trusts traffic laws Arlington Heights wills and trusts lawyer Illinois DUI attorney Crystal Lake accident attorney foreclosed rental property Schaumburg employment attorney Inverness civil lawyer Illinois lawyer Buffalo Grove personal injury lawyer license tax attorney construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Crystal Lake employment lawyer pedestrian injuries, pedestrian fatality Des Plaines drug lawyer foreclosure Schaumburg criminal law attorney Fourth of July drug possession advance healthcare directive deadly crashes Arlington Heights employment law attorneys Crystal Lake personal injury attorney Barrington real estate lawyer car crash Illinois pet lawyer investment property problem employees insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys

Archive