Buying a home is an exciting and risky process. A large amount of money is at stake for both parties and the buyer relies on the seller to be forthright. Thus, if a new homeowner discovers a defect in a home after closing the sale, it can be difficult to know how to...
estate planning and administration
Illinois courts can invalidate wills made under undue influence
When someone creates or modifies a will to leave their wealth to a beneficiary whom family or friends find suspicious, an interested person may file a petition contesting the will in Illinois state court within six months after the will was admitted for probate after...
Thinking of joining a small business?
Being asked to join a new or existing business is always an exciting prospect. You’ve been invited to contribute to something that could be great, bringing with it all the financial success and the pride that comes with knowing you contributed to its success. But...
ILLINOIS COURT RULES SECURITIES COMPANIES THAT PROVIDE TRADING ACCOUNTS MAY BE SUBJECT TO THE SAME RULES THAT GOVERN BANKS UNDER THE UNIFORM COMMERICAL CODE
Article 4A of the Illinois Uniform Commercial Code (UCC) provides rights of a customer and obligations of a bank regarding fund transfers.[1] In the 2020 case, Whitaker v. Wedbush Securities, Inc., the Illinois Supreme Court addressed what type of institution...
Hire an Attorney Before Signing a Commercial Lease
Although commercial and residential leases are similar in structure, the protections surrounding commercial tenants can be limited under the law. One major protection awarded to residential tenants in Illinois is the Security Deposit Return Act. 765 ILCS 710/0.01 et...
Developments in Electronic and Financial Discovery
By Holly F. Rumiano Law Clerk Generally, the scope of discovery in Illinois requires full disclosure of any document or tangible thing that is relevant to the subject matter. Ill. S. Ct. R. 201, 214. When a party is particularly resistant...
What happens after the Appellate Court rules?
After an Illinois circuit court issues a final judgment in a civil case, one or both parties involved may file an appeal if they believe there was a significant error made during the trial. However, what if individuals or businesses file an appeal, but do not agree...
Negative and affirmative easements: A primer
Generally, an easement is a right of one person to use a portion of land owned by another person (an “affirmative easement”), or to limit the use of a section of land (a “negative easement”). The person or land who benefits from the use of the easement is known as the...
What property owners must know before requesting a variance
Zoning is a critical aspect of land-use planning that all property owners must adhere to. “Zoning” refers not only to the types of improvements that may be built and activities that may be conducted in certain districts but also matters such as setback, height and lot...
Four types of invasion of privacy claims
Privacy is a highly valued right. The explosion of social media and constant information sharing has markedly increased the risk that business owners, busy professionals, teachers, technicians, and indeed anyone of us that daily uses the internet could suffer...