Legal Question in Wills and Trusts in Illinois

My mother is unemployed and suffering from depression in this state she has not paid taxes on her home in which she owns can I do something attach my name get a doctors statement about her condition in order to stop them from taking her house and giving me a time to pay the taxes owed


Asked on 7/29/14, 7:40 pm

2 Answers from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

You can file a petition with the probate court to become your mother's guardian. You can also contact the Cook County Treasurer's Department to see if you can make payment arrangements. I suggest to contact an attorney to help you will the court procedures.

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Answered on 7/29/14, 9:17 pm
Henry Repay Law Offices of Henry Repay

There are steps you can take, but I would emphasize the possible urgency. You do not mention which years' taxes are involved. There is a redemption period of approximately 2.5 years, after which the property can be lost through a tax deed proceeding. Do not take this lightly.

There may be some steps you can take without additional legal documents, but you may need either a power of attorney or a court-appointed guardian. Even if your mother is depressed, if she can understand what she is doing in appointing you her agent in a power of attorney, then it would be valid. I would recommend she set an appointment with an attorney, preferably with the least involvement on your part that is possible. If she is not willing or not able, then you would go to court to establish that presently she is not capable of protecting her own interests and that you or another person should be appointed to act as her guardian.

If there are already tax deed proceedings, show up with her even if you do not yet have the authority.

Additional notes: (1) Make sure that your mother was credited with all the exemptions to which she may be entitled. If she missed any, she may be able to go back several years. (2) The important question, even if you have authority, will there be a source for the payments needed?

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Answered on 7/30/14, 7:46 am


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