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


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