answered on Aug 22, 2022
Hi there,
No, the name of an estate bank account should include the name and title of the representative: "John Doe, executor/administrator of the Jane Doe Estate".
Thank you, and wish you the best of luck!
Deceased has a will & trust, but there is no beneficiary designated in IRA (rollover and Roth). Deceased does have a spouse.
Couple questions:
1.) Who gets the payout?
2.) If it goes to estate, can the payout be directed to trust? Please note the Will has a... View More 
answered on Jul 9, 2022
I’m so sorry to hear of your loss; I hope you’re hanging in there.
When someone has a trust, the purpose is to avoid probate. The way you avoid probate when you have a trust is to fund the trust by making sure the trust is listed as beneficiary (or owner) of assets. There are... View More
answered on Jul 7, 2022
I'm so sorry to hear of your mother's passing; I hope you're hanging in there.
Her estate may need to go through probate. Probate court proceedings are needed when 1) someone owns real estate or 2) other cumulative assets that don't name a joint owner or beneficiary... View More
answered on Apr 26, 2022
I'm so sorry to hear about this; fortunately and unfortunately, it sounds like your son is high functioning to the point he wants to drive his own car but doesn't have the capacity to understand what a car loan entails. In adult guardianships in Illinois, this is somewhat common.... View More
$100,000 The bank is holding his account open until any funds due are settled. All money due or collected will be given to his daughter. Do we just list her as 100% on the small estate affidavit? or should I list myself as his father? I want to give all proceeds to her but don't know what my... View More
answered on Feb 7, 2022
Sir, I'm so sorry for your loss. I hope you're all hanging in there.
While you can be the affiant of the Small Estate Affidavit, the only heir of the estate is your granddaughter. Because the amount of money she'll likely receive is over $10,000.00, there will need to be a... View More
How to change her house to my name? And her bank account ( She had only very small amount money)?
answered on Jan 25, 2022
I'm so sorry to hear about your loss; I hope you and your family are hanging in there.
Considering there's real estate involved, it's very likely the estate will need to go through probate. Heirship needs to be determined, as well as the extent of assets/debts. In Illinois,... View More
answered on Jan 17, 2022
A Ward has the opportunity to seek to restore himself or herself at any time. This request can be made to the Judge directly or to the Guardian ad Litem (if one was appointed). Though it's not required, it would aide the Judge in making a determination that your circumstances have changed so... View More
We are unsure if there is a will. How do we find out if there is one? My wife's sister is currently living in the house my mother in-law owned. There is life insurance policies, bank accounts and other assets. If there is no will and we are not on speaking terms with her sister, how do we go... View More
answered on Jan 14, 2022
John, I'm sorry to hear what you're all going through.
In Illinois, wills are required to be signed and witnessed by two people. If there is a will, all wills need to be filed in the county in which the Decedent resided within 30 days of death. If there is a valid will, and it... View More
She put him on the deed last year, can he transfer the car into his name? There are 3 siblings but we have all decided everything is his we do not want anything. The small estate affidavit states there can be no property. He can not even get the mlney out of her bank account to settle some of her... View More
answered on Jan 12, 2022
I'm so sorry to hear about your mom; I hope you're all hanging in there.
If the property was owned as joint tenants with right of survivorship, your brother is now the sole owner. A small estate affidavit can then be used to transfer other property, so long as it's cumulative... View More
answered on Jan 7, 2022
I see you're located in Wisconsin, but posted this for an Illinois attorney, so I'll respond regarding Illinois law.
There is a 5 year Medicaid look back period. If your mom sells you her home for less than fair market value and she does require a nursing home stay during that... View More
He paid for funeral, paid off her car, her house payment, some bills (like electric and so on until the house was sold last week. What expenses are considered acceptable? Now, when splitting the money. Does he get to factor in those expenses and basically leave me with nothing? Just doesn't... View More
answered on Nov 5, 2021
I'm so sorry to hear about your mother; I hope you're hanging in there.
Yes, it's appropriate for most costs in "finalizing" your mother's affairs be deducted from an estate before any heir receives their share. All bills of an estate must be paid, and... View More
answered on May 5, 2021
Hi there,
Congratulations for considering an estate plan! It's so important to do this as soon as you're able, but we know most people don't (which makes their estates ultimately much messier and more expensive when they become disabled or die). I'm assuming you're... View More
As part of the divorce settlement, he kept the condo in Chicago. He remarried 2 years ago, but didnt put his wife's name on the property. He was literally at the condo getting it ready to sell when he died (massive heart attack). He did not have a will, so his current wife contact 2 lawyers... View More
answered on Apr 26, 2021
Hi there,
I'm so sorry to hear about your brother. I hope you're all hanging in there.
In Illinois, if your brother didn't have children, his assets (that don't name a beneficiary or joint owner) would pass to his wife. If there was a probate proceeding,... View More
My father is executor and for two years has refused to give me info unless I sign 1/2 to him. This was from my grandparents estate. What actions need to be taken?
answered on Mar 1, 2021
Hi there,
To start off, I'm really sorry to hear you're going through this. From what you say, it sounds like your father is wrongfully withholding/assets from you. I'd be happy to speak with you about some options, if you'd like to give me a call at (312)300-4743 or... View More
of Attorney forms that he didn't remember signing. They completely took over...changed locks on husband's house, closed all of our joint accounts leaving me with no phone, no car insurance and no house insurance. They took over finances and I haven't seen a cent of his money since... View More
answered on Feb 4, 2021
I'm so sorry to hear about these circumstances. I think you may need to consider hiring an attorney to have better communications with your husband's children to reach a resolution.
Now she a ward of Illinois. I live in California and have identified myself as her daughter to the guardian. What do I have to do to have it dropped? No one (hospital lawyer, social worker) will assist me. Thank you.
answered on Jul 18, 2020
If by "ward of Illinois", you mean she's now legally a disabled person and the Office of the State Guardian was appointed to be her guardian, I think it would make sense for you to reach out to them. They take care of a lot of people who don't have family, and if you're... View More
Do I have any right to the value of these after 30 years of marriage
answered on Jun 16, 2020
I’m SO sorry to hear about this; how awful.
A surviving spouse is entitled to half the assets of a deceased spouse. Please call me at (312) 300-4743 to discuss, if you’d like.
Six weeks after his death my sister passes. She had a husband but no children. I am the executor and wondering if I have to pay out half my father's estate to her husband. Nothing has been distributed yet and they were talking about a divorce so it feels wrong to pay half of my dad's... View More
answered on Jun 11, 2020
I'm so sorry to hear of your recent losses. It must be an awful time for you.
Unfortunately yes, now that your sister passed away, her half will go to he heirs, which happens to be her husband. \
If you'd like to discuss this by phone, I'd be happy to. My phone number is (312)300-4743.
My grandma is 89 she has symptoms of dementia to my knowledge she has not been formally diagnosed by her physician her physician will not speak to me because he does not have a release to do so anytime anyone tries to help my grandma with anything she gets irate and violent she does not have a... View More
answered on Jan 8, 2020
I'm so sorry to hear of what's been going on.
You're right that this sounds like a guardianship issue. You should contact an estate or guardianship attorney in or near your town, as soon as you can, to get the process started.
I hope for the best for you all!
What recourse do I have? I thought that the court required all interested parties to be notified of all court activity.
answered on Nov 14, 2018
You're correct; if you're an heir or legatee of an estate, the court will require the attorney for the proposed executor or administrator to send notice (when to send notice depends on whether the Decedent died with or without a will). It's possible the matter has been continued to... View More
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