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McHenry County Real Estate Attorneys | Real Estate Lawyers, McHenry County IL

McHenry County Real Estate Attorneys | Real Estate Lawyers, McHenry County IL

Our McHenry County real estate attorneys will take your residential or commercial real estate purchase or sale from contract to closing smoothly and efficiently. With friendly client service and the experience to overcome any obstacles, we will ensure that your contract is fair to you and that your interests are protected.

Our McHenry County real estate attorneys will take your residential or commercial real estate purchase or sale from contract to closing smoothly and efficiently. With friendly client service and the experience to overcome any obstacles, we will ensure that your contract is fair to you and that your interests are protected.

Your Community Law Firm

Why O'Flaherty Law for My

Real Estate

Matter?

In this video, McHenry County real estate attorney Kevin O'Flaherty describes why O'Flaherty Law is the best choice for your real estate matter.

  • ​​We Get the Job Done Smoothly and On Time!  Our skilled McHenry County real estate attorneys make each client a priority, taking the time to communicate with your realtor, your lender, and the other party's attorney to ensure that your transaction proceeds smoothly from contract to closing and that your best interests are protected.
  • We Provide Amazing Client Service!    Our McHenry County real estate lawyers have built a reputation in the community for providing above-and-beyond service to our clients.  Many of our clients have taken the time to leave us glowing reviews.  We have received such a positive response from our Clients that we were awarded  Avvo Client's Choice Award for 2016. We have an A+ Rating with the Better Business Bureau and have never received a BBB complaint.   In 2015, Kevin O'Flaherty was honored to receive Suburban Life Magazine's Best Under 40 Award. We can't wait to show you how different it can be to work with an attorney that puts you first. 
  • Establish a Lifelong Relationship!  A real estate transaction is a wonderful opportunity to develop a trusted relationship with an attorney.  At O'Flaherty Law, we take a team approach to client service.  We have several attorneys with multiple areas of experience.  This allows us to provide comprehensive legal service to our clients.  Once you establish a relationship with our McHenry County real estate attorneys, you will never have to look elsewhere for legal solutions.

Some of Our Accomplishments

Schedule a Free Consultation With Our

McHenry County Real Estate Attorneys

residential real estate attorney mchenry county illinois

Please contact our friendly

McHenry County Real Estate Attorneys

at our nearest location to schedule a free consultation:

O'Flaherty Law of Lake in the Hills

8411 Pyott Road, Ste. 107
Lake in the Hills
,
IL
60156
Get Directions

See below for our other locations. If our office locations are not convenient for you, we are happy to speak with you by phone.  ​​​

Hours: 9 am - 5 pm Mon - Fri

Our  Office Locations: 

Downers Grove Attorneys, Downers Grove Attorney, Downers Grove Lawyer, Downers Grove Lawyers

Downers Grove

5002 Main St, Ste. 201 Downers Grove, IL 60515

Naperville Attorney, Naperville Attorneys, Naperville Lawyers, Naperville Lawyer

Naperville

105 Jackson Avenue, Ste. 4b Naperville, IL 60540

Elmhurst Lawyer, Elmhurst Lawyers, Elmhurst Attorneys, Elmhurst Attorney

Elmhurst

​110 E. Schiller Street, Ste. 220B ​Elmhurst, IL 60126

Lake in the Hills Attorneys, Lake in the Hills Attorney, Lake in the Hills Lawyer, Lake in the Hills Lawyers

Lake in the Hills

8411 Pyott Road, Ste. 107, ​Lake in the Hills, IL 60156

Tinley Park Attorney, Tinley Park Attorneys, Tinley Park Lawyer, Tinley Park Lawyers

Tinley Park

​16557 Oak Park Avenue, Ste. B, Tinley Park, IL 60477

St. Charles Attorneys, St. Charles Lawyers, St. Charles Attorney, St. Lawyer

St. Charles

210 S Fifth St, Ste. 107B, St. Charles, IL 60174

residential real estate lawyer mchenry county il

Meet Our Owner

Kevin O'Flaherty oversees all legal matters and is actively involved in making sure every client's case, big or small, is handled with excellence and attention to detail. He is available to contact through phone and email and his rates are available upon request.

Here's What Our Clients Have to Say:

John Paul Clancy
Says...

"Kevin and his firm, O'Flaherty Law, are friendly, efficient, knowledgeable and professional. Kevin is a master at bringing people together and sharing ideas."

Kevin Sender
Says...

"Kevin O'Flaherty and his team at O'Flaherty Law are among the friendliest and easiest to work with attorneys I've dealt with. I would suggest them to any friends or business associates."

Kevin O'Flaherty was instrumental during the purchase process of my new house. I highly recommend him and the entire firm!

An excellent client experience, I recommend O'Flaherty Law to all of my clients that have a need for consultation in family law.

DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
John Paul Clancy
Says...
"Kevin and his firm, O'Flaherty Law, are friendly, efficient, knowledgeable and professional. Kevin is a master at bringing people together and sharing ideas."
DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
Kevin Sender
Says...
"Kevin O'Flaherty and his team at O'Flaherty Law are among the friendliest and easiest to work with attorneys I've dealt with. I would suggest them to any friends or business associates."
DuPage Family Law AttorneyDowners Grove Estate Planning Attorney
Mike Stehlik
Says...
"Kevin and his team are my "Go To" resource for clients that need estate planning"
Kevin Koc
Says...
Kevin O'Flaherty was instrumental during the purchase process of my new house. I highly recommend him and the entire firm!
Stephen Petersen
Says...
An excellent client experience, I recommend O'Flaherty Law to all of my clients that have a need for consultation in family law.
Troy Golden
Says...
Kevin is an excellent attorney. He helped me incorporate by business and provides legal counsel as need. I highly recommend him.

Click here for Videos, Podcasts, and Articles by our McHenry County Real Estate Attorneys

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Or Continue Scrolling Below to Browse some of our Most Helpful Articles

Illinois Trust Administration: Selling Real Estate

In this episode of Learn About Law, we explain the responsibilities of a trustee when selling real estate after a loved one passes away. Have any questions that weren't answered here? Let us know in the comment section! Subscribe: https://www.youtube.com/channel/UCY4Q...

If you are a trustee responsible for the administration of a trust after the passing of a loved one, you have a fiduciary duty to act in the best interest of the beneficiaries of the trust, within the limitations and instructions laid out by the trust document.  

If a trust is in place and estate planning has been done properly prior to the death of the grantor of the trust, it should not be necessary to open a probate estate.  However, if the beneficiaries disagree with the actions of the trustee, the beneficiaries may open a probate case and seek to make the trustee personally liable for mismanaged assets of the estate.  

Trustee responsibility is fairly cut and dry when dealing with liquid assets like a checking account.  However, the trustee's responsibility becomes more complicated when dealing with non-liquid assets like real estate.  

When real estate is present in an estate, the trustee must first decide whether to transfer the real estate to one of the beneficiaries.  This will usually result in a reduction of the share that the beneficiary is due from the remainder of the estate's assets or a payment from the beneficiary to the estate for the value of the home.  An alternative to an insider transfer is to sell the real estate on the open market and distribute the proceeds among the beneficiaries.  

Regardless of what is to become of the real estate, I recommend that the trustee seek written approval from all of the beneficiaries of the trust prior to the transaction.   In the absence of this written approval, one or more of the beneficiaries may later claim that the real estate was sold to a third party or transferred to one of the beneficiaries for less than market value.   The beneficiary could then open a probate case and seek to hold the trustee personally liable for breach of fiduciary duty.  

For example, if the market value of a home is $400,000.00 and the Trustee sells it for $300,000.00, whether to a third party or to an insider, the trustee may be personally liable for the $100,000.00 difference between market value and sale price.  However, if the trustee has received written agreement from the beneficiaries prior to the sale, the trustee will be able to rest easy knowing that she is protected from any future liability. 

Read More
home sale lawyer mchenry county illinois

If you are a trustee responsible for the administration of a trust after the passing of a loved one, you have a fiduciary duty to act in the best interest of the beneficiaries of the trust, within the limitations and instructions laid out by the trust document.  

If a trust is in place and estate planning has been done properly prior to the death of the grantor of the trust, it should not be necessary to open a probate estate.  However, if the beneficiaries disagree with the actions of the trustee, the beneficiaries may open a probate case and seek to make the trustee personally liable for mismanaged assets of the estate.  

Trustee responsibility is fairly cut and dry when dealing with liquid assets like a checking account.  However, the trustee's responsibility becomes more complicated when dealing with non-liquid assets like real estate.  

When real estate is present in an estate, the trustee must first decide whether to transfer the real estate to one of the beneficiaries.  This will usually result in a reduction of the share that the beneficiary is due from the remainder of the estate's assets or a payment from the beneficiary to the estate for the value of the home.  An alternative to an insider transfer is to sell the real estate on the open market and distribute the proceeds among the beneficiaries.  

Regardless of what is to become of the real estate, I recommend that the trustee seek written approval from all of the beneficiaries of the trust prior to the transaction.   In the absence of this written approval, one or more of the beneficiaries may later claim that the real estate was sold to a third party or transferred to one of the beneficiaries for less than market value.   The beneficiary could then open a probate case and seek to hold the trustee personally liable for breach of fiduciary duty.  

For example, if the market value of a home is $400,000.00 and the Trustee sells it for $300,000.00, whether to a third party or to an insider, the trustee may be personally liable for the $100,000.00 difference between market value and sale price.  However, if the trustee has received written agreement from the beneficiaries prior to the sale, the trustee will be able to rest easy knowing that she is protected from any future liability. 

Read More

Benefits of Hiring a McHenry County Real Estate Lawyer for Your Residential Real Estate Sale or Purchase

mchenry county real estate lawyer

McHenry County real estate lawyer Kevin O'Flaherty explains the benefits of hiring a residential real estate attorney.

mchenry county real estate lawyer

In this article, our McHenry County real estate lawyers explain the benefits of hiring an attorney for your residential real estate sale or purchase, including:

  • Potentially saving you money by renegotiating unfair provisions of your contract;
  • Increasing the chances that your transaction will close successfully and smoothly;
  • Decreasing the chances of post-closing disputes between buyer and seller;
  • Saving you time; and
  • Making sure that there are no problems with the passage of title from the seller to the buyer of the property.

Read the full article by our McHenry County real estate lawyers explaining the benefits of hiring an attorney for your residential real estate sale or purchase.

What Do McHenry County Real Estate Attorneys Do to Take A Real Estate Sale to Closing?

In this article, our McHenry County real estate lawyers explain what real estate attorneys do between the execution of a residential real estate contract and the closing of the transaction, including:

  • Ensuring that the required disclosures regarding radon, lead, and other hazardous materials are provided to the buyer;
  • Ensuring that a title insurance company commits to providing title insurance in case there are problems with the seller's title to the property;
  • And dealing with property taxes and municipal inspections.

Read the full article by our McHenry County real estate lawyers explaining what happens between contract and closing in McHenry County residential real estate transactions.

McHenry County real estate attorney Kevin O'Flaherty explains the attorney modification process for residential real estate contracts.

real estate lawyer mchenry county illinois

In this article, our McHenry County real estate lawyers explain what real estate attorneys do between the execution of a residential real estate contract and the closing of the transaction, including:

  • Ensuring that the required disclosures regarding radon, lead, and other hazardous materials are provided to the buyer;
  • Ensuring that a title insurance company commits to providing title insurance in case there are problems with the seller's title to the property;
  • And dealing with property taxes and municipal inspections.

Read the full article by our McHenry County real estate lawyers explaining what happens between contract and closing in McHenry County residential real estate transactions.

Important Clauses In Your Residential Real Estate Contract

McHenry County real estate lawyer Kevin O'Flaherty explains some of the most important clauses in McHenry County real estate contracts.

mchenry county real estate lawyer
real estate attorney mchenry county illinois

In this article, our McHenry County real estate attorneys explain some of the most important clauses in residential real estate contracts, including:

  • Purchase price and earnest money;
  • Appliances and other items that are included in the transaction;
  • The mortgage contingency clause; and
  • Real estate tax prorations.

Read the full article by our McHenry County real estate lawyers explaining important clauses in residential real estate contracts.

Our McHenry County Real Estate Lawyers are Happy To Meet With You in Algonquin, Grafton, McHenry, Crystal Lake, Nunda, Lake in the Hills, Woodstock, Dorr, Huntly, Cary, Greenwood, or Any Other Location Convenient To You.

Further Reading from our

McHenry County Real Estate Attorneys