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


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