Frequently Asked Questions About Real Estate Law & Estate Planning
Have questions about buying or selling a home, closing on property, estate planning, wills, trusts, probate, powers of attorney, or property transfers?
Start here for general guidance, then explore the service page that fits your situation.
Real Estate Law FAQs
Real estate transactions can move quickly. These answers cover common questions about buying, selling, closing, investment property, rental property documents, and property transfers in Illinois.
Buying & Selling a Home FAQs
Do I need a real estate attorney in Illinois to buy or sell a home?
In many Illinois home transactions, buyers and sellers commonly work with real estate attorneys to review contracts, handle attorney review questions, respond to inspection issues, review closing documents, and understand obligations before the transaction is finalized.
23 Legal helps buyers and sellers understand the legal side of the process from contract to closing.
When should I contact a real estate attorney during a home transaction?
Ideally, contact a real estate attorney before making or accepting an offer, or as soon as a contract is signed.
Early guidance can help with attorney review, deadlines, contract terms, inspection concerns, and closing preparation.
What does a real estate attorney review during an attorney review?
During attorney review, a real estate attorney may review contract terms, deadlines, contingencies, inspection language, credits, possession terms, and other legal details that may affect the transaction.
The goal is to help buyers and sellers understand what they are agreeing to before the deal moves further toward closing.
Closings & Transactions FAQs
What does a real estate attorney do at closing?
A real estate attorney helps review the legal and financial documents that come together before a transaction is finalized. That may include settlement statements, title documents, credits, tax prorations, deed or transfer documents, and final contract terms.
What documents should be reviewed before closing?
Before closing, important documents may include settlement statements, title documents, deed or transfer documents, credits, tax prorations, closing obligations, and final numbers.
A real estate attorney can help confirm that the final documents match what was agreed to earlier in the transaction.
What happens if there is a problem before closing?
Problems before closing may involve title issues, incorrect numbers, missing credits, unresolved repairs, or document questions.
Legal guidance can help clarify what needs attention before signing and before the transaction becomes final.
Investors & Landlords FAQs
Does 23 Legal help real estate investors and landlords?
Yes. 23 Legal helps real estate investors, landlords, and rental property owners with transactional and preventive property matters, including investment property purchases, rental property documents, lease agreement review, closings, property transfers, ownership documents, and contract questions.
Can 23 Legal review a lease agreement?
Yes. 23 Legal can help landlords and rental property owners review lease agreements so the terms, responsibilities, and expectations are clearer before documents are used or signed.
Does 23 Legal handle evictions?
No. 23 Legal does not handle eviction matters or tenant-dispute litigation.
The firm helps investors and landlords with transactional and preventive property guidance, including purchases, leases, closings, ownership documents, and property transfers.
Property Transfers / Quitclaim Deeds FAQs
What is a quitclaim deed in Illinois?
A quitclaim deed is commonly used to transfer whatever ownership interest a person has in a property. However, it does not necessarily guarantee a clear title or resolve every ownership, mortgage, tax, or estate planning issue connected to the property.
Can I use a quitclaim deed to transfer property to a family member?
In some situations, a quitclaim deed may be used to transfer property to a family member. However, the document should match the transfer goal and the full family, property, title, and planning situation.
Legal review can help clarify what ownership is changing before anything is signed or recorded.
Should I use an online quitclaim deed form?
Be careful with online quitclaim deed forms. A generic form may not account for title issues, ownership questions, estate planning concerns, financing, recording requirements, or the full effect of the transfer.
It is worth reviewing the situation before relying on a form that may not fit your needs.
Closings & Transactions FAQs
What does a real estate attorney do at closing?
A real estate attorney helps review the legal and financial documents that come together before a transaction is finalized. That may include settlement statements, title documents, credits, tax prorations, deed or transfer documents, and final contract terms.
What documents should be reviewed before closing?
Before closing, important documents may include settlement statements, title documents, deed or transfer documents, credits, tax prorations, closing obligations, and final numbers.
A real estate attorney can help confirm that the final documents match what was agreed to earlier in the transaction.
What happens if there is a problem before closing?
Problems before closing may involve title issues, incorrect numbers, missing credits, unresolved repairs, or document questions.
Legal guidance can help clarify what needs attention before signing and before the transaction becomes final.
Estate Planning FAQs
Estate planning can feel personal and easy to delay. These answers cover common questions about wills, trusts, probate, powers of attorney, healthcare decision-making, families, aging parents, and estate planning forms.
Wills & Trusts FAQs
Do I need a will or a trust in Illinois?
It depends on your family, assets, property ownership, and goals. Some people may need a will, others may benefit from a trust, and some may need both.
23 Legal can help you understand which documents may make sense for your situation.
Is a trust only for wealthy families?
No. A trust may be useful for families with property, children, blended family considerations, privacy concerns, or goals around avoiding probate where appropriate.
The question is not only how much you own. It is what you want the plan to accomplish.
Are online wills valid in Illinois?
Online wills may seem convenient, but validity and usefulness depend on whether the document is prepared and executed correctly and whether it fits the person’s actual situation.
Legal guidance can help you understand whether a document reflects your family, property, assets, and goals before relying on it.
Families & Aging Adults FAQs
What estate planning documents should families have?
Depending on the situation, families may need a will, trust, powers of attorney, healthcare power of attorney, guardianship planning for minor children, and documents that explain how property or assets should be handled.
The right documents depend on your family, property, children, assets, and goals.
What documents should aging parents have in place?
Aging parents may need updated wills or trusts, financial power of attorney, healthcare power of attorney, and documents that clarify wishes, decision-making authority, and property or asset plans.
These documents can help adult children and other loved ones understand what to do if decisions become urgent.
When should I update my estate plan?
Major life changes can be a good reason to review an estate plan. That may include marriage, divorce, children, buying a home, losing a loved one, changing beneficiaries, aging parents, major asset changes, or moving to a new state.
Estate Planning Forms & Next Steps FAQs
What is the Estate Planning Intake Form?
The Estate Planning Intake Form helps organize basic information about your family, assets, goals, and current estate planning needs before or during the planning process
What is the Estate Plan Design Questionnaire?
The Estate Plan Design Questionnaire helps shape the details of your estate plan once the process is underway, including preferences, planning decisions, and family or asset considerations.
Do I need to complete a form before talking with 23 Legal?
Not necessarily. If you are not sure where to start, you can begin with a conversation.
Forms may be used once you are ready to begin or continue the estate planning process.