Private Rights and Remedies

The legislation that originally created the Transfer on Death Instrument became law in 2012. It is codified as 755 ILCS 27/1 et seq. (“The Act.”) This statute was amended in 2015. There is now a second amendment, Public Act 102-0068, which is effective January 1, 2022. Public Act 102-0068 is truly a major revision of the Act. Consider just a few of these new changes: The Act is no longer the Illinois Residential Real Property Transfer on Death Instrument Act because the Act is no longer limited to just residential real estate. Effective January 1, 2022, a spouse can now renounce a Transfer on Death Instrument and take his or her statutory share. Dick Bales has put together a comprehensive 26-page handout where he thoroughly discusses all the changes to the Act. When appropriate, he uses situational examples to better illustrate these changes. In addition, he has put together a list of what he feels are some areas of concern to both attorneys and title companies.

Real estate attorneys deal with Real Property Disclosure Statements every day. However, we seldom review the Disclosure Act to refresh our memories as to the who, what, and when of seller disclosure requirements. There are a number of exceptions exempting sellers from disclosing certain information, or from disclosing at all. There are also nuances of which we should be aware. As Sellers may subject themselves to significant consequences for failing to properly disclose under the Act, as attorneys we need to advise clients properly. Delve into the specific requirements of the Disclosure Act, its nuances, and select court cases under the Act.

Advanced Topics in Property Tax: Reassessment Update, Exemptions Explained, and Proration Disasters