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