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If you own residential or commercial real estate, it’s important to make sure that, upon your passing, your property will be transferred to the beneficiaries of your choice without being held up in probate. Why should I try to avoid probate? There are four good reasons to ensure that, after your death, a probate won’t […]

A looming estate planning issue is the possible expiration of certain provisions from the 2017 Tax Cuts and Jobs Act, which set the federal estate tax threshold at an historic high. Currently for an individual, the federal estate tax exemption threshold is at $13.61M. For a married couple, it’s at $27.22M. And while these numbers […]

Though litigation is often difficult to avoid in today’s business climate, it can still feel like a punch in the gut when you or your company are sued and served with a summons and complaint. Knowing in advance how to prepare for such an eventuality can help ease anxieties and improve the chances of achieving […]

  A Rare Win for Landlords. The Appellate Court of Illinois (First District) recently issued a ruling which addressed an issue that has long been of major concern to many attorneys representing landlords. And fortunately, the ruling affirmed a lower court ruling in favor of landlords. The issue at stake was whether or not a […]

Simply put, a syndicated real estate deal pairs a sponsor – the ‘syndicator’ – with a group of investors who have pooled their money for the sole purpose of buying real estate. The investors come to the table with money, while the sponsor comes to the table with the project (proposed land, building, concept etc.), […]

If your Condominium Association is considering whether or not it's time to update its Declarations and Bylaws, you should be aware of some recent updates in Illinois law. Associations interested in preventing the rental of units on short-term platforms such as Airbnb and VRBO should review the Declaration language regarding short-term rentals. Most will refer […]

  A revocable living trust is an entity to which individuals may transfer ownership of certain real or personal property, like a home, a precious family heirloom, an insurance policy or company stock. There are many benefits to creating a revocable living trust. For starters, it gives an individual the ability to establish an asset […]

An Executor is an individual selected by you in your Will to administer and settle your estate. The role of the Executor is a crucial one in the probate process, and, therefore, it is vastly important that you established one in your Will. When selecting your Executor, be sure it’s someone you trust – perhaps […]

  If it looks like your client is headed toward litigation over earnest money from a failed deal, understanding the principles of earnest money litigation is key to obtaining the best outcome. When it comes to earnest money, there are two major common misconceptions. Some people think that, if one party defaults, the other party […]

  In January of 2020, Cook County enacted an amendment to its Fair Housing Ordinance, referred to as the Just Housing Ordinance (JHO), which radically changed how housing providers in Cook County are required to approach their tenant application process. Since then, the world health crisis drew attention away from that development. But our firm, […]

The new Northwest Side Housing Ordinance (Right of First Refusal) is having a huge impact on real estate in the Logan Square, Humboldt Park, Avondale, Hermosa and West Town neighborhoods. There are lots of layers to this law, and its stringent restrictions could lead to long and frustrating transaction timelines. At Erwin Law, we’ve developed […]

Late last year, we added a phenomenal new member to the Erwin Law Team -- Elea Nielsen. And while you can find her ‘official’ bio at erwinlawfirm.com, we thought her answers to the following questions provide a better understanding of who she is … and what makes her tick! Where did you get your law […]

Erwin Law Founder James Erwin recently sat down with Tom Shallcross and Mark Finley on their Straight Up Chicago Investor podcast to discuss all things real estate. Take a listen: Episode 330: James Erwin

The US government recently passed a new law aimed at reducing dark money activities such as the financing of terrorist organizations and money laundering. This legislation, known as the Corporate Transparency Act (“CTA”) will be administered by the Financial Crimes Enforcement Network, otherwise known to most as FinCEN. It takes effect January 1, 2024. This […]

  When navigating the seas of professional writing, it's crucial to be mindful of phrasing. A commonly-used phrase, "please advise," can sometimes, inadvertently, lead to choppy waters. Here's why you may want to reconsider using it in your professional emails, legal documents, or other correspondences. The Ambiguity of the Ask "Please advise" is a blanket […]

While most of the communications you receive from Erwin Law are informational or educational in nature, this one’s a bit more personal... 2022 marks Erwin Law’s 30th Anniversary. And I find myself feeling overwhelmed with gratitude. I’ve been blessed with a wildly supportive, very understanding family that has made many sacrifices to ensure the Firm’s success … […]

Housing providers in Chicago should be aware of a pilot program being initiated by the US Department of Housing in the first half of 2022. The “Right to Counsel” program is designed to ensure low-income tenants will be provided with legal counsel in eviction cases and is being funded, in part, with an $8 million […]

Evictions in Chicago are taking longer than ever before – five or six months, at the earliest. If negotiating with your tenant hasn’t been fruitful, you should consider beginning the eviction process immediately. Starting the process shouldn’t keep you from continuing to try and negotiate an amicable termination of the tenancy – in fact, in […]

Some form of eviction moratorium has been in place for the last 18 months in Illinois. As one of the last remaining states with an eviction moratorium in place, the Illinois Moratorium expired as of October 4, 2021.

Are you a Zoning Attorney looking for the best of both worlds … a breakout opportunity without the financial risks involved in a solo practice? We’re ready to round out our successful real estate practice with a Zoning associate. If you’ve got 2 to 3 years of experience, are looking for flexibility and independence, and are posed […]