At the time of his passing, and there is no will, he is considered to have died "intestate". If he is a resident of the state of Illinois, the Illinois statute regarding intestate distribution will apply. Your situation falls under paragraph (c). (Ex-wives/husbands do not take under... View More

The power of attorney for property, also known as a durable power of attorney, does not authorize anyone to own your property. In fact, it does the exact opposite. The agent under the power of attorney MUST use the assets ONLY for the Principal.

B. As agent you must:

(1) do what... View More

I think there is some confusion about what the attorney is likely asking.

Going only by your question, and having not seen the trust or the details, the grantor does need to add some information regarding additional beneficiaries. The missing blank which needs to be filled in is, what... View More

It was very nice for your brother and his wife to leave you the money they did. It is even nicer that they filed and paid the tax for you. Yes, the taxes need to be paid. I cannot emphasize that enough. I would advise you to know who the trustee of the trust is so you can speak to that person.... View More

I am very sorry for your loss.

The estate will pass to the heirs of the deceased according to the laws of the state in which the person died. It is possible that probate can be avoided depending on the size of the estate and the laws of the state.

If the deceased was a resident... View More

If your great uncle stipulated in his will or in his trust that your parents could live in the house at a set rent price, then depending on how those instructions were worded - it is possible that your mom has a case. If this was an "understanding" not in writing, the case becomes much... View More

Executors have the power to fulfill the wishes of the grantor of the will. They have the power to pay all debts owed by the estate of the deceased, to collect money owed to the deceased on behalf of the estate, to pay all taxes, and to distribute all remaining assets after debts have been paid, to... View More

I would NOT list your fraternity as a beneficiary to your 401K, but rather make other arrangements in your estate plan. As to if you can name a specific chapter in your fraternity - that could depend on the fraternity, so I cannot give you a good answer on that, you would need to speak to them.... View More

That depends on certain situations. In general, for a will, the witness must be present when witnessing the signing and also sign indicating that they witnessed the signing. However, during the Pandemic, the Governor of Illinois issued and executive order (2020-14) which allowed for the use of... View More

Sorry for your loss, Amber. If you are sure that there is a will, and if you are sure that your cousin is the executor, you should ask the executor. These things do take time to work themselves out, so depending on "recently", it may still have a lot of time before it is all said and... View More

Being named in a will does not necessarily mean that you will inherit from the will. I doubt that the attorney who drafted the will is going to answer your questions. If the decedent's estate plan included a trust, it is very unlikely that the probate attorney will be of much help unless... View More

Good Morning!

Your mother should contact a few estate planning attorneys to find one she is comfortable working with on her estate plan. The attorney can discuss options based on the initial consultation about how she might best set up her estate plan.

A lot depends on state law, your father's situation when he passed (did he die intestate?), and the ownership of the real estate when he passed.

Option #1 - ask your sister for your share or an explanation as to why she did what she did.

Option #2 - open probate on your... View More

There is not a question, only a situation. And it really isn't estate planning.

You cannot give him the property as long as he takes over the mortgage. How do you plan on giving him the property, and when? Is this transfer to be done in your will? Will you deed the property over... View More

For the vast majority of my clients the decision between a trust and a will is not about net worth. With the Death tax threshold being so high right now ($11,700,000 federally, and $4,000,000 in Illinois) most of the time this is not about avoiding paying taxes. The 2 big differences between... View More

If you are a beneficiary you have a right to see at least some of the trust paperwork, and likely all of it. Some trusts may include language limiting information which can be shared. It sounds like your brother is the named trustee. To start, you can ask to see the names of trustees in the... View More

When it comes to selling and buying, most everything is negotiable. If they are not willing to sell 100% of their share, then the value of that share may be greatly diminished. The remaining plaintiffs could sue in court demanding that the sale include mineral rights, although nothing is... View More

Those who don't want to sell can buy the fair market value of those who want to sell. Otherwise, there may be language in the will or trust which has provisions regarding the sale of items such as a specific number or % of beneficiaries required to sell assets.

To say which is "best" is subjective and would depend on many factors. However, the three most common ways to accomplish the goal of leaving you the house are:

1. Adding your name to the title.

2. She can leave it to you in her will.

3. She can put it in a trust... View More

It is very likely that the initial attorney represents the executor of the estate, not the individual beneficiaries. The executor would be entitled to pay that attorney out of the estate funds, so yes, your share as well. The attorney you hired to represent you personally will be paid by you... View More