Posted on December 30, 2025 in Estate Planning

trusts">will, fewer than one-third of Americans have one written, as reported by Caring.com. Having a will is important for protecting your beneficiaries (the people who will inherit your belongings). For parents of young children, drafting a will is crucial.

Even if you think you have very little wealth to pass on, a will contains information that will protect your children and your wishes for them if something happens to you. At Whitacre & Stefanczuk LTD, our DuPage County, IL estate planning attorneys have the legal knowledge and skills to help make sure that your wishes are observed. As an intimate practice, we prioritize the comfort of our clients in each case.

Why Young Parents In Illinois Should Have a Will

For young parents, the single most important reason to have a will is that it provides the opportunity to designate your child’s legal guardian if one or both parents pass away. If only one parent passes away, the surviving parent is usually given legal custody. However, not all children have two parents who can care for them. In some tragic cases, both of a child’s parents pass away. If something happened to you and your child’s other parent, who would you want to care for your child? Naming a guardian is the best way to ensure that this vital decision is up to you. If you do not name a guardian, the decision about who will care for your child will be left up to the court. 

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 Posted on November 29, 2025 in Real Estate

There are few surprises more devastating to an Illinois homebuyer than discovering a major structural or other serious problem after signing the paperwork. This is especially disheartening when the buyer had a full inspection on the home, and the issue was not discovered. Severe foundation issues, sagging rooflines, failing joists, and other defects that were missed during an inspection can result in expensive repairs, not to mention safety concerns.

Home inspectors are regulated under Illinois state law (Illinois Home Inspector License Act 225 ILCS 441), but when they overlook material defects, the buyer may have options. The legal path will depend on the specific contract, licensing requirements, timelines, and proof of professional negligence. If you feel your home inspection was less than thorough and are now left with severe home issues, speaking to a knowledgeable Cook County, IL real estate lawyer can help you determine your next steps.  

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 Posted on October 31, 2025 in Business Law

Although the Illinois Transfer on Death Instrument (TODI) statute (755 ILCS 27/)  has been amended and clarified multiple times since its adoption, many homeowners and heirs may still not fully understand the execution and survivorship requirements. The TODI can be a simple way to pass Illinois real estate without probate - until it fails. From confusion regarding joint ownership, to missing witnesses or recording errors, even the smallest oversight can revert the property back to the estate.

Worse, a mistake can cause expensive, lengthy title litigation between heirs. As Illinois courts continue to see more TODI disputes, the importance of structuring these deeds properly through estate planning is essential. A TODI rarely benefits from being a DIY project; rather, it should always include an experienced Cook County, IL estate planning attorney.  

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 Posted on September 30, 2025 in Real Estate

Although there is no single, definitive number for the total number of homes in Illinois designated as historic, there are thousands listed in the National Register of Historic Places. Many more are recognized through local designations and historic districts, such as the River Forest Historic District, which has approximately 860 properties.

Individual communities and municipalities can designate local historic properties and districts that may not be listed on the National Register, and nonprofit Historic Preservation Societies advocate for and protect historic properties at the state and local levels. Historic homes offer character, charm, and a connection to the past.

However, even the savviest home buyer may be surprised to discover the hidden legal and financial risks behind antique woodwork and original stained glass. Before you fall in love with a historic property, it is important to fully understand the risk vs. reward.

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 Posted on August 20, 2025 in Estate Planning

For many families, estate planning begins with a will. While a will provides direction for how your property should be handled after death, it often requires probate, a public court process that can be expensive and time-consuming. A revocable living trust, by contrast, can give you far more privacy, control, and flexibility. But is it always the right choice?

A revocable living trust is an arrangement where you transfer ownership of your property into a trust during your lifetime, while still retaining full control. You act as the trustee, managing your own property. When you pass away, your successor trustee distributes the assets according to your instructions, without the need for probate.

If you are interested in learning more about revocable living trusts and whether they would suit your family’s needs, call our DuPage County estate planning attorneys today. 

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 Posted on July 22, 2025 in Estate Planning

Buying or selling a home can feel like chasing a dream. The excitement of finding the perfect property can quickly turn into anxiety when a last-minute appraisal shortfall or hidden title defect arises. Even the most thorough contracts cannot foresee every hiccup, whether it is unexpected inspection results or lender delays that threaten your closing date.

When a transaction stalls, homebuyers and sellers can face high costs, lost opportunities, and strained relationships. A DuPage County real estate lawyer can help you navigate these challenges, protect your interests, and keep your closing on track.

Are Contract Terms Clear?

Ambiguous or poorly drafted purchase agreements often lead to disputes over contingencies, closing costs, or possession dates. To avoid confusion:

• Include a "definitions" section that spells out key terms like "closing date," "loan contingency," and "inspection period"

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 Posted on June 19, 2025 in Real Estate

Opening a property tax bill can be frustrating for many homeowners and property owners, especially when it feels higher than it should be. Appealing your property tax assessment can be a smart way to lower your costs, but the process is not always straightforward. Simple mistakes can make it much harder to get the relief you need. Working with a Cook County real estate attorney who understands the ins and outs of Illinois property tax law can make the process less stressful and give you a better chance of success.

Why Do People Misunderstand Their Property Assessment?

One of the first mistakes in a property tax appeal is misunderstanding how the property was assessed. Many people confuse market value with assessed value or do not realize that local equalization factors can affect their tax bill.

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 Posted on May 21, 2025 in Real Estate

Selling a home is not just a personal decision; it is a legal commitment. Once a seller signs a purchase agreement, stepping away from the deal can create serious consequences. Whether motivated by a change of heart, a better offer, or unexpected complications, backing out of a home sale is not as simple as it may seem. If you are reconsidering selling your home, an experienced DuPage County real estate attorney can help you evaluate your options and understand the legal implications of this decision.

What Does Illinois Law Say About Backing Out?

Under the Illinois Real Estate License Act and general contract law, once both parties sign a real estate purchase agreement, it becomes a binding legal obligation. There is no automatic "cooling-off" period for sellers. If the seller changes his or her mind or receives a higher offer, it is not a valid reason to cancel.

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 Posted on April 11, 2025 in Family Law

When you leave an inheritance to your child, you likely imagine it helping them build a secure life. What you may not expect is for that inheritance to become a point of contention in a future divorce. Without the right legal protections in place, a gift meant to provide stability could end up divided in a courtroom.

Understanding how to protect your child’s inheritance can give you peace of mind and prevent unwanted legal complications down the road. An Illinois estate planning and family law attorney can guide you through the best strategies to help preserve your family's legacy.

Is Inherited Property Considered Marital Property in Illinois?

Under the Illinois Marriage and Dissolution of Marriage Act, property obtained by gift or inheritance is generally considered non-marital property. This means it is not subject to division during a divorce. However, an inheritance may lose its protected status if:

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 Posted on March 27, 2025 in Real Estate

Real estate transactions can be confusing for those who are not frequently involved in these transactions, especially for first-time homebuyers. Whether you are buying or selling a home in Illinois, it is important to understand the home appraisal process. For buyers, the appraisal is a crucial step to obtaining financing for the home. Lenders need an appraisal to determine whether the home in question is worth what they are considering lending. An appraisal that comes in low can cause problems for the buyer and the seller.

The buyer may not be able to come up with the additional funds required to bridge the gap between the appraised value and the asking price. The sale could fall apart, hurting both the seller and the buyer.  Sellers need a favorable appraisal that is close to the asking price, or they will be forced to lower the sale price or negotiate with the buyer. There are ways to deal with an unfavorable appraisal, both on the buyer and seller side. If you find yourself facing such an issue, speaking to an experienced Cook County, IL real estate attorney can be beneficial.  

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