Lien Over

In 2024, the Second District of the Illinois Appellate Court clarified the process to judicially remove liens from a decedent’s real estate in probate proceedings, explain Fredric Bryan Lesser and Jeffrey P. O’Kelley in their February 2026 Illinois Bar Journal article, “Lien Over.” That process and the decision explaining it, are not without controversy, Lesser and O’Kelly continue. In fact, in response to the Second District’s decision, the Illinois legislature is now considering amending the 138-year-old statute that empowers the probate court to remove liens. The authors go on to show how understanding what led up to this point requires taking a deep dive into the unique and broad powers afforded to probate courts in the administration of estates.

Read, "Lien Over," in the February Illinois Bar Journal.