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The Hartley Law Firm

TEL (603) 436-0222 |  Portsmouth, NH

TEL (603) 472-4612 |  Bedford, NH

William A. Hartley began his career as a Certified Public Accountant in Boston, Massachusetts. During that time he attended law school in the evening and graduated from Suffolk University Law School w...(more)



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ESTATE PLANNING, PROBATE & ELDER LAW NEWS

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» Real Estate Transfer Taxes

Real estate transfer taxes vary greatly in the Chicagoland area. Here is a list (in PDF form). Note, however, that this list doesn't include any changes since July of 2007. For instance, it's missing the recent change (effective 4/1/08) to Chicago's transfer taxes. Traditionally, Chicago's tax was unique in that it was assessed only against buyers -- most transfer taxes are paid by sellers. Chicago now has a transfer tax for buyers AND sellers, at the following rates:

For buyers: $7.50 per $1,000.00 of purchase price

For sellers: $3.00 per $1,000.00 of purchase price (this is in addition to the combined county and state transfer tax of $1.50 per $1,000.00 of purchase price)

According to this article, Chicago now has the highest transfer taxes in the nation!

I used to recommend (somewhat facetiously) moving from Chicago to Oak Park, as Chicago only taxed buyers and Oak Park only taxed sellers. The result would be a pretty huge savings on the opposite move (from Oak Park to Chicago -- Oak Park taxes sellers at a rate of $8 per $1,000.00):

Transfer Taxes (prior to 4/1/08)

assuming sale of $400,000 home and purchase of $500,000 home

Sale in Chicago, Purchase in Oak Park: $600.00 (just county and state transfer tax on sale)

Sale in Oak Park, Purchase in Chicago: $7,550.00 ($3,800 for sale plus $3,750 for purchase)

That's a difference of almost $7,000! Of course, the difference is now smaller -- the tax hit for a "sale in Chicago, purchase in Oak Park" scenario as of 4/1/08 is $1,800.00.

Note that you can still find "bargains" from a transfer tax perspective, as municipalities like La Grange and Hinsdale have no transfer taxes whatsoever. You can use the above list and a little research to check on the municipality to which you are planning a move.

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» Cook County Probate Procedure Changes

A couple of things involving probate in Cook County that have changed recently (or maybe I just became aware of):

1. Fee increase. It now costs $304 in fees to open a probate estate worth more than $15,000, up from $279. The entire fee schedule can be found here (as a PDF).

2. Cover sheet. One procedural thing that needs to be done when you go to file your petition to open an estate: completing a probate division cover sheet. I don't know why it's needed, but it is -- the form is here (again, as a PDF).