Real Estate and Avoiding Probate: The Case for Land TrustsBy David J. LanciottiFebruary 2013Article, Page 86While both land trusts and transfer on death instruments allow residential real estate to transfer outside probate, the land trust has important advantages for some clients, this author argues.
Real Estate and MalpracticeBy Karen ErgerDecember 2012Column, Page 662Real estate law now generates more claims than any other practice area.
Eminent Domain: A New Valuation TimetableBy James M. Wagner and Patrick J. KellySeptember 2012Article, Page 486A recent case holds that compensation must reflect the value of the property when the payment is made, not earlier when the condemnation complaint was filed.
New cases every real-estate lawyer should readBy Adam W. LaskerSeptember 2012LawPulse, Page 458Real-estate practitioners should be sure to read recent decisions on the duty of title insurers, the content of mortgage documents, and recording of deeds and mortgages.
Three Title Insurance Traps for Real Estate LawyersBy Michael J. RooneyMarch 2012Article, Page 146Closing protection letters, the Form DS-1 disclosure, and key 2010 revisions to the Rules of Professional Conduct are potential pitfalls for real estate lawyers.
The Transfer on Death Instrument Comes to IllinoisBy Charles G. BrownDecember 2011Article, Page 618Effective January 1, Illinois law gives your clients a convenient way to transfer residential real estate outside of probate. Here's a review of the new law by one of its drafters.
Statute of repose bars legal malpractice claimBy Helen W. GunnarssonAugust 2011LawPulse, Page 382A plaintiff who sued a lawyer for malpractice in the preparation of a quitclaim deed was too late because any injury occurred when the deed was prepared, not later when her husband died.
How to Be a Good CloserBy Helen W. GunnarssonJune 2011Article, Page 290In baseball and residential real estate practice alike, it often comes down to the last inning when a lights-out closer can make the difference. Here are tips from veteran lawyers about what you might encounter at a real estate closing and how to handle it.
New regulations for real estate licensingJune 2011Illinois Law Update, Page 286The Illinois Department of Financial and Professional Regulation recently repealed and replaced the majority of the Real Estate License Act of 2000 with an updated and reorganized version. 68 Ill Adm Code 1450.
Can civil partners hold property as tenants by the entirety?By Helen W. GunnarssonMarch 2011LawPulse, Page 118The consensus among leading ISBA and other real estate practitioners appears to be "yes."
Now that Governor Quinn has signed the Religious Freedom Protection and Civil Union Act into law as PA 96-1513, lawyers across the state are considering the statute's effect on specific aspects of their practices.
Are Nonprofit Hospitals Charitable Institutions?By Antonio SenagoreFebruary 2011Article, Page 96Is a nonprofit hospital a "charitable use" that qualifies for a property tax exemption? The author reviews the Illinois Supreme Court's Provena decision and predicts its likely effects, one of which is legislation to protect hospitals.
Transfer fee covenants prohibited. PA 096-1345January 2011Illinois Law Update, Page 16The Illinois General Assembly has prohibited transfer fee covenants, declaring them an impairment of the marketability and transferability of property.