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Stephanie Sexauer

Stephanie Sexauer

Owner, Probate Practice, Sexauer Law, P.C.
  • Probate, Elder Law, Estate Planning...
  • Illinois
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Ms. Sexauer focuses her practice on probate matters, including: elder law, guardianship, estate planning, wills, trusts, and will contests. She is a member of the Chicago Bar Association and the Illinois State Bar Association. Stephanie speaks Spanish fluently and is regularly selected by Cook County judges to serve as a court-appointed Guardian ad Litem for disabled adults. Stephanie also serves on the Judicial Evaluation Committee of the Chicago Bar Association.

Practice Areas
  • Probate
  • Elder Law
  • Estate Planning
  • Nursing Home Abuse & Neglect
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
  • English: Spoken, Written
  • Spanish: Spoken, Written
Professional Experience
Owner, Lawyer
Sexauer Law, P.C.
- Current
Ruben Garca, P.C.
The John Marshall Law School
Dean's Scholarship
The John Marshall Law School
Professional Associations
Illinois State Bar # 6311374
Articles & Publications
2014 Supplement of Guardianship for Disabled Adults, Advance Directives and Mental Health Law
Speaking Engagements
Vice Chair, CBA Young Lawyer Section's Estates and Trusts Group Annual Seminar, Chicago Bar Association 321 S. Plymouth Court Chicago, IL 60603
Chicago Bar Association
Moderated a 3 hour panel on pitfalls in estate planning, estate administration, and guardianship.
Vice Chair, CBA Youn Lawyer
Center for Conflict Resolution
Websites & Blogs
Sexauer Law PC
Legal Answers
13 Questions Answered

Q. What sort of evidence do I need to gather to make a solid claim against my mom's nursing home?
A: Hi there, This answer completely depends on what action or treatment you find to be negligent or abusive. Attorneys who practice in elder law and personal injury should be contacted as soon as possible to learn more in order to help you. Stephanie Sexauer (312)300-4743
Q. When someone passes away and they remarry for the second time will his wife get the inheritance before his kids
A: Hi there, In Illinois, if a person passes away without a will or trust, and their assets aren't held jointly or with a payable on death beneficiary, the assets will be split half to surviving spouse and half to their children. If you need assistance with estate planning, you should contact an attorney who focuses their practice on probate and/or estate planning matters. I hope this helps! Stephanie Sexauer (312)300-4743 Please note, this is not legal advice and we have not established an attorney/client relationship.
Q. If a sibling lived with and took care of disabled parent until death, when the estate is split do they get reimbursed?
A: In Illinois, a spouse, child, parent, or sibling who acts as a caregiver for a Decedent may be entitled to a statutory custodial claim if they've provided intensive care for at least 3 years prior to Decedent's death (and lived in the home). You'd have to make a showing that the caregiver forewent his own life/earning potential/etc. in order to make that claim; it's not an easy feat. Additionally, if someone lent the Decedent money or want to seek reimbursement for funds or time they expended, they may try to make a claim (a seventh class claim, which is not as high in terms of priority of payment as the statutory custodial claim). I wish you the best of luck.
Q. How do I know if my husband and I need to set up a living will or a trust?
A: In short, no, most people benefit from a simple, revocable living trust (which typically includes a pour over will) rather than just a last will and testament, if they have more than $100,000.00 and/or real estate. Your estate plan should likely include powers of attorney for healthcare and property, as well. Consult with an attorney who focuses on estate planning to get a detailed analysis of what might suit you best.
Q. What is staute of limitations to file probate claim after I was tricked by my father sibling to retrieve property?
A: A will would have been needed to have been filed within 30 days after death with the circuit clerk in the county where dad resided. A small estate affidavit may have been used to access the bank account and gain title to the cars, but whoever utilized would've been required, by penalty of perjury, to distribute assets per dad's will and pay off all creditors. In order to gain title to the home, a person may use a bond in lieu of probate, and the title company would be required to insure that transaction. You'll need to speak with a probate (not family law) attorney regarding any potential causes of action. This is not legal advice and no attorney/client relationship has been formed. More information would be required to give you a factual analysis. You should contact an attorney for more information. Best of luck to you!
Q. My grandmother has dementia. Is it too late for her to write a will because she'd be deemed incompetent or not of sound
A: This is tricky. When someone has been diagnosed with dementia, many lawyers will NOT draft that person's will. Having dementia does not inherently make the will void, or voidable, but it could certainly cause concern for heirs who otherwise would have taken pursuant to rules of intestacy distribution. Perhaps getting a letter from her physician certifying that she has testamentary capacity would help. You should contact an attorney who practices probate, elder law, and estate planning in your community. This is not to be taken as legal advice and no attorney-client relationship has been established.
Q. Can the executor hold your check from probate court and demand money from you before he send your check this is in cook
A: You need to call a Cook County Probate Attorney.
Q. Probate court mail checks to the person in charge he's holding the checks demanding we pay him money before he send them
A: You should call a probate attorney who practices in that county in Illinois. Stephanie M. Sexauer is an attorney who focuses her practice in probate law, and practices in Chicago (Cook County), Illinois. Responses provided are for general informational purposes only, based upon the limited information that is provided, and do not constitute legal advice. As such you should consult with your own attorney for specific advice. No attorney/client relationship exists with Stephanie M. Sexauer unless set forth in a written engagement letter. The Illinois State Bar does not certify any attorney as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise
Q. What is the proper way to deal with a property under contact at the time of a person's death who had a legal gaurdian?
A: Hi there, In Illinois, you'll have two options. One is to open a decedent's estate, and I agree with Mr. Meek, those fees don't need to be charged up front. The second option is to do a deed in lieu of probate, as long as the rest of the assets total less than $100,000.00. This is something you'll work with an attorney to do with the title company (though the fees are high with this as well, if the sale occurs within two years of death). It's true that the guardianship Judge no longer has authority to grant the sale. You'll need to find a probate attorney in Cook County to help you (if Dad lived in Cook County). I hope this helps! *** This response is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.
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Contact & Map
150 N. Michigan Ave Suite 800
Chicago, IL 60601
Telephone: (312) 300-4743
Fax: (312) 300-4893