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