My father in law recently passed and we had moved in to care for him for the last 3 years to keep him out of a nursing home. My husband took care of him financially and the family farm. Now it is split between him and his sister's who are not wanting to cooperate or agree on decisions. As of... View More 
answered on Jan 17, 2018
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... View More
Does our estate have to be worth a certain amount?
answered on Jan 5, 2018
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... View More
Father's deceased on Feb. 2015 his brother claim my dad has a will his niece's is the beneficiary she inherit his life insurance policy. His sibling filed small estate affidavit to claim his bank account, two cars, and a house. What is statute of limitations to file a probate claim in Illinois
answered on Aug 12, 2017
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... View More
mind to make decisions?
answered on Jul 29, 2017
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... View More
Our what to do
answered on Jul 28, 2017
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... View More
I was the legal guardian of my father before he passed away recently. His home was under contract to sell before he passed. His attorney says a deceasant account needs to be set up with more attorney/court fees-up front to the tune of about $7600 because the guardianship judge will not sign off on... View More
answered on Jul 27, 2017
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... View More
answered on Jul 20, 2017
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!
answered on Jul 6, 2017
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... View More
He has other adult children outside of marriage. We live in Illinois bought a house during the marriage wife name not on mortgage does the house go to wife afer his death
answered on Jun 4, 2017
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... View More
sister had a lawyer put mom's house in a trust for only her after mom died it was suppose to be split equally. This was done without me knowing anything I never got any info at all of the estate refuses to disclose anything to me what can I do about this ?
answered on May 19, 2017
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... View More
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