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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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Summary

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
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Illinois
Languages
  • English: Spoken, Written
  • Spanish: Spoken, Written
Professional Experience
Owner, Lawyer
Sexauer Law, P.C.
- Current
Attorney
Ruben Garca, P.C.
-
Education
The John Marshall Law School
Awards
Dean's Scholarship
The John Marshall Law School
Professional Associations
Illinois State Bar # 6311374
Member
Current
Publications
Articles & Publications
2014 Supplement of Guardianship for Disabled Adults, Advance Directives and Mental Health Law
IICLE
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
Certifications
Mediator
Center for Conflict Resolution
Websites & Blogs
Website
Sexauer Law PC
Blog
Legal Answers
9 Questions Answered

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.
Q. Is an executor under any legal obligation to show me a will if my minor son (but not me) is named in it?
A: It depends. If your son has a guardian (and he will need to, if he's going to be a taker), then the Guardian will need to be informed. Usually, a parent of a minor is the person appointed. Best of luck to you!
Q. do power of attorney documents need to recorded in the courts?
A: In Illinois, the answer is no. It's not a document that in its nature needs to be filed/recorded. However, there may be circumstances where it may become necessary (for example, if someone other than the agent named in the POA petitions the probate court to become the principal's guardian). I hope this helps, and please reach out if you have any more questions!
Q. bought a house during the marriage wife name not on mortgage does the house go to wife after husbands death
A: You'll need to consult with an attorney on this issue, as with all legal issues, because there may be more factors to consider (for example, if the husband is a resident of Illinois or if he is a resident of another state who happens to own IL real estate). Generally, if a person dies without a will and has both a surviving spouse and children, the surviving spouse will receive 1/2 the estate and the children split 1/2 of the estate.
Q. Sister put property in a trust for herself after mom died is this legal ?
A: Unfortunately, this is somewhat common. What you need to do is retain an attorney who routinely practices in Cook County who can view the documents and help you come to an understanding of how to proceed. The lawyer will want to see the trust and view the file of the estate (as it sounds like one has also been opened). Wishing you the best of luck!
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Office
120 S. State Suite 400
Chicago, IL 60603
USA
Telephone: (312) 300-4743
Fax: (312) 300-4893