Peter A. Shamburek

REAL ESTATE

In 1976 my law school professor described Real Estate as “a bundle of sticks.”  These sticks include the right to purchase property, the right to inspect property, the right to occupy the property, and the right to sell it.

It is important for the sticks in the bundle to be identified, valued and handled well.  To this extent, an experienced, capable and concerned attorney is of great value.  This is true whether one is buying or selling a home, buying or selling rental or commercial property, or leasing real estate.  It is also true in the event a real estate contract is breached and rights or possession of the property is to be terminated.

My practice in Real Estate is extensive and includes representing:

  • Purchasers of residential real estate
  • Sellers of residential real estate
  • Purchasers of non-owner occupied and commercial real estate
  • Sellers of non-owner occupied and commercial real estate
  • Landlords and Tenants in lease formation and eviction.

My current practice is real estate. I have been representing buyers and sellers of real estate in the greater Chicagoland area since 1985.  I am well aware of the great importance and investment of a real estate transaction. 

Every transaction is a “big deal”!!  Every transaction deserves care and attention.  This is especially true in today’s real estate market where extraordinary time and commitment is required in each real estate transaction.  This is true whether it is a simple move-up, a relocation, a purchase of a bank owned property or a purchase or sale of property in a short sale, where the Seller owes more on the property than the current value.

Whatever the transaction, I am committed to providing conscientious service and dependable guidance.  Call me for assistance.

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WILLS and ESTATE PLANNING

The main purpose of a Will is to determine how your estate is distributed at death.  Without a Will, the law determines this instead of you.  A Will also determines who will administer your estate to make sure the terms of your Will are followed.  In addition, a Will appoints who will be the Guardian of your minor children at your death.

Other estate planning options include setting up a trust and identifying assets that may be payable on death directly to a named beneficiary. In addition, it is important to review the use of other tools, such as Health Care Powers of Attorney, Property Powers of Attorney and Living Wills.

Proper estate planning is important to you and to those you love and care for.

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PROBATE

In Illinois, probate is normally required to transfer assets of an estate that exceed in the aggregate $100,000.00.  The purpose of probate is to facilitate the transfer of assets and shorten the two (2) year time period to file estate claims to six months.

There are various procedures involved with probate, including filing a Probate Petition, and a Bond and Oath of Office.  This allows the Court to empower someone to act on behalf of the estate.  Notice of the proceeding is required to be published in the local newspaper in a particular manner.

To close the estate, other procedures are followed, including confirming the distribution of the estate assets and providing a final report to the Court.

If an estate is less than $100,000.00, the estate assets may normally be distributed without probate through the preparation of a small estate affidavit.  This involves confirming that all estate liabilities have been paid.

Whether Probate is used or not, it is important for someone acting on behalf of the decedent to obtain guidance and information on what steps are needed or required after one’s death.

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JUVENILE LAW

One of my summer jobs in college and law school was working as the Pro Shop attendant at the Town Club on the North Shore of Milwaukee, Wisconsin.  This was a very satisfying position of responsibility, as I was in charge of selling merchandise, “stringing” tennis rackets, and coordinating members on and off the tennis court.  Part of my responsibility was to “keep order” in the Pro Shop.  As there were many children of members drawn to the shop, I not only learned the importance of rules and the need for their consistent administration, but also appreciated that kids were a lot of fun, too.  In fact, it was in that environment that I realized that I wanted to represent children with my law license.  This led to my law review publication on pre-trial detention of children, working in the Cook County Public Defenders Office and after law school working for five years as an Assistant Public Defender in Milwaukee, Wisconsin.

I believe there are many qualifications to strong, quality representation of children.  They include a strong sense of advocacy and familiarity with the law. Good listening skills and avoiding judging are also important.

I have represented children in the juvenile courts of DuPage and Will Counties.  I am aware of what is at stake in these proceedings and the impact a court proceeding has on a child.

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TRAFFIC and CRIMINAL LAW

I have experience in representing individuals on moving violations and misdemeanor crimes.  Whether it is a “simple” speeding ticket or a significant criminal charge, it is important to know your options, your rights and the implications of your various actions, now and in the future.

With traffic citations, there are sometimes means of disposing of the matter without going to court, and thereby avoiding the costs of court and still obtaining court supervision.

With criminal charges, there are various options one has, and it is important to be advised of these at each stage of the proceeding and to choose your options and exercise your rights well.  In other words it is important to have a strong, capable attorney representing you.

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BUSINESS TRANSACTIONS

Buying and selling a business involves many of the same considerations as buying and selling real estate.  In fact, normally real estate is involved due to the transfer or creation of a lease or the sale or purchase of real estate with the business.

It is important to involve an attorney prior to the signing of the contract.  The contract sets the stage for everything to follow.  Some of the questions to address include:

  • What will be conveyed and under what conditions? 
  • What inspection process will occur, both of the items being conveyed and business and tax records of Seller?
  • What are the contingencies in the contract, financing and otherwise and what will be Seller’s responsibility after the closing?

The Buyer needs to identify and value the assets being conveyed and make sure proper title is received.  The Seller is looking to obtain good value for the assets being conveyed and limitation of liability or responsibility after closing.

I have experience in assisting Buyers and Sellers of businesses and guiding them through this process.

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CIVIL LITIGATION

Civil litigation normally involves one person’s attempt to obtain a judgment for money or other relief.

In determining whether civil litigation is warranted, one must ask whether there is a legal basis to proceed, whether there are other avenues to pursue short of litigation and the costs of litigation, both economic and otherwise.  In addition, the Plaintiff should also ask whether success in court will result in a tangible benefit to the Plaintiff. 

The value of obtaining a money judgment is worth as much as the Defendant is willing and able to pay or as much as one can collect on such a judgment.

My experience includes actions for money judgment,  forcible entry and detainer, guardianship proceedings, adoptions and juvenile court proceedings.

Call me if you have any questions or are in need of legal service in any of these areas.

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