DGAA bLAWg

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


Tags

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

Archive