Estate Planning, Probate & Elder Law Attorneys

» 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.

» Will Contests and Philip Roth's The Ghost Writer

I recently finished reading Philip Roth's The Ghost Writer, which is the first book in his Zuckerman trilogy (or trilogy and epilogue, as I guess it's now known, since it contains four books and Roth evidently doesn't like the word "quartet"). It's a short but engaging work about a young novelist (Nathan Zuckerman) who pays a visit to a very well-respected older novelist (E.I. Lonoff).

Interestingly enough, one of the central conflicts of the book involves a fight between Zuckerman and his father over one of Zuckerman's short stories, which focuses on a will contest. According to Zuckerman, the story was based on the following facts:

A great-aunt of mine, Meema Chaya, had left for the education of two fatherless grandsons the pot of money she had diligently hoarded away as a seamstress to Newark's upper crust. When Essie, the widowed mother of the twin boys, attempted to invade the trust to send them from college to medical school, her younger brother, Sidney, who was to inherit the money remaining in Meema Chaya's estate upon conclusion of the boys' higher education, had sued to stop her.

Zuckerman's father objects to the story, on the grounds that it airs the family's dirty laundry and (more importantly) portrays Jews in an unfavorable light.

Not to take the fun out of the novel, but the whole fight over Meema Chaya's estate could have been avoided if she had clearly defined "education" to include (or exclude) graduate and/or professional school.

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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).