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


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