Areas of Practice

Real Estate

Real Estate

Our firm represents clients in real estate transaction of all kinds – Residential sales, including "short sales", residential purchases, including short sale purchases and purchases of foreclosed properties ("REO's"), as well as the sale, purchase and leasing of commercial and investment real estate, both as separate transactions, and as part of the start-up, sale or purchase of a business.

Our real estate clients come from many sources. Many past clients return again and again as they buy and sell homes throughout their lives, and then refer their children to us for the purchase of their first home when the time comes. We are now representing grandchildren of some of our early real estate clients. Additionally, many of our real estate clients come to us as referrals from other real estate professionals who respect and trust Mr. Fogle's skill, experience and cooperative and client-friendly handling of what is, for most people, one of the largest legal and financial transactions of their lives.

For residential real estate transactions, our practice is to continually communicate with our clients, and with all real estate professionals involved in each sale or purchase. We copy our clients and all Realtors involved in each transaction on all correspondence received by or sent from our office (with the exception, of course, of confidential client communications). We believe that Realtors work very hard to successfully conclude each client's transaction – they deserve to be kept up to date and can be more proactive and effective when they are. We strive to maintain close and lasting working relationships with area Realtors – they are an integral part of your real estate transaction right through closing.

Additionally, we maintain regular contact with any mortgage lenders involved in your transaction – whether we represent Seller or Buyer - to maintain an up to date knowledge of the status of any loan application on which the transaction may depend. We understand and can guide you through the maze of new lending and closing regulations and requirements recently imposed by many departments of both Federal and State government. Our ultimate goal is the successful conclusion of your real estate transaction while protecting you legally from the time you sign the contract through closing.


Estate Planning

Estate planning

Many people are uncomfortable with the thought of their own mortality, or of a time when they may become disabled and are no longer able to handle their own affairs. As a result, they tend to avoid and put off making legal arrangements for these times. We at the Law Offices of Andrew R. Fogle are sensitive to the difficulty many people have in talking about and taking steps to plan for these matters. Mr. Fogle takes great care to gently and skillfully guide his clients to completion of their individually crafted estate plans, leaving them with a sense of confidence, security and well-being for their future and that of their families.

We firmly believe that making these arrangements is a loving and life-affirming step for everyone, regardless of age or health. Making your will, powers of attorney and other related documents is a positive and thoughtful act, similar in nature to setting up a college fund for your children, or setting up a plan for your own retirement. Mr. Fogle assists his estate planning clients in seeing that, by taking the necessary steps now, though a combination of wills, trusts, living wills, durable power of attorney for Property and Health Care, and other documents, that they are taking insightful and "take charge" steps toward providing for their own welfare, and for the welfare and future security of their loved ones.

Estate Planning is one of those rare areas of the law where individuals are allowed to make and enforce their own decisions regarding their financial future, their choices regarding health and extraordinary care matters, and the future security of their family themselves. If they do not take the steps to decide on and enforce their wishes, the law itself may well make these decisions for them at a later date, without their input, and generally at far greater expense than the cost of a well crafted and suitable estate plan made while they are able to do so. We at the Law Offices of Andrew R. Fogle firmly believe that everyone should take advantage of this opportunity, and not leave it to the law to make these decisions for them. We believe that our clients know best, and should take the steps necessary to make sure that their wishes are carried out.


Probate

Probate

Most people think of probate as both something that only occurs after a person passes away, and that it is always something to be avoided where possible. In the case of the death of a family member or friend, where the value of that person's estate at the time of death exceeds a certain value, opening a probate proceeding with the court may be necessary if other plans have not been made in advance to make such a probate action unnecessary. In some cases, however, the probate proceeding is either unavoidable, or even desirable.

When a probate estate is opened, whether or not the decedent had a will, a representative is named by the court to locate, safeguard, evaluate and eventually distribute the decedent's assets. If the decedent had a valid will, the Executor named under the will, is usually appointed as the representative, and the assets will be distributed to those persons named under the will as the decedent directed. Where there is no will, any interested party (usually a close family member or friend) petitions the court to be the decedent's representative (here called the Administrator), and is usually approved by the court to do so. The eventual distributions where there is no will are made in accordance with Illinois state law.

Probate today is, in most cases, a much more streamlined and generally much less costly process than in past times. However, the Executor or Administrator stills has important and serious duties. Mr. Fogle has represented Executors and Administrators of estates for more than 25 years, and can do the same for you, providing guidance and taking as much of the burden off the shoulders of the representative as the law permits.

While not generally known, the term "probate" can also include proceedings to protect minor childrens' financial interests where they inherit assets, or acquire them through a personal injury verdict or settlement. The term can also include court proceedings to appoint a formal guardian for the "person" (in making health care decisions) or for the "estate" (regarding financial matters) of adults who, for various reasons, can no longer make these decisions for themselves, and have not executed valid durable powers of attorney, or where the powers of attorney are found by a judge to be insufficient.

We at the Law Offices of Andrew R. Fogle have extensive experience in all these various types of probate proceedings, and can assist representatives in all of them. Where desirable, we can also help clients avoid probate in the first place.

If you're anywhere in Chicagoland, and need experienced and skillful representation in probate matters, or if you have questions about your particular situation, please contact us. We will give you the personal attention you deserve and require.


Business Law

Business

Are you starting a new business? This process can be confusing and, without experienced legal advice, entrepreneurs can be misled by internet services and television advertising into believing that the process of choosing a business format, whether partnership, corporation, limited liability company or others, and taking all steps necessary to properly set up and maintain a business entity is "easy" and can be done without individual legal counsel - that "one size fits all", and that, once the initial filings are made with the appropriate governmental agency, the process is complete. Nothing could be farther from the truth.

One "size" does not fit all, and the governmental filings are only the beginning, and not the end of the steps needed to properly form and maintain your business' legal status. Without experienced and individual legal representation, your protection against personal liability in the event of a claim against your business, which in most cases is the reason people incorporate or form a limited liability company, never exists, or, if the legal status is not properly maintained, is immediately lost.

We at the Law Offices of Andrew R. Fogle represent entrepreneurs from the beginning - advising them on the best legal format for their particular business, and make sure that all steps, not just the governmental filings, are taken so a to create a strong and effective legal shield to protect your personal assets from attack by business creditors. Mr. Fogle takes his role as "counselor", as well as "attorney" at law seriously. Part of our job is to guide and educate our business clients on the continuing steps required after the formation of the business that are necessary to properly maintain the shield against personal liability as your business grows and becomes ever more successful.

Selling or buying a business? Are you buying or selling stock, assets, or a franchise? Deciding how to structure the purchase or sale of an existing business or new franchise can have important consequences. The Law Offices of Andrew R. Fogle has many years of experience in these areas of business law as well, and offers skilled representation in the review, negotiation and closings of these business acquisition and sale transactions.

Contact us to see how we can help you get your business off to a good and proper start, help it grow and thrive, or sell it when you are ready to move on.