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Questions Answered by Stephanie Sexauer
1 Answer | Asked in Probate for Illinois on
Q: I am an heir/legatee in an estate. There were several court dates and I was not notified nor given the filed motions.

What recourse do I have? I thought that the court required all interested parties to be notified of all court activity.

Stephanie Sexauer
Stephanie Sexauer 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 give notice.... Read more »

1 Answer | Asked in Estate Planning for Illinois on
Q: Is there a monetary amount under which my heirs won't have to pay estate taxes?
Stephanie Sexauer
Stephanie Sexauer answered on Oct 20, 2018

Heirs don't pay estate taxes; the estate itself might pay estate tax, if the estate exceeds $11,180,000.00 in 2018. The estate may also be subject to income tax if the Decedent earned income that year (the same way a person pays their own income tax each year), or other taxes. Please note, you... Read more »

1 Answer | Asked in Elder Law for Illinois on
Q: I am looking to find out, as my sister's POA, on how to handle a settlement from a class action suit.

My sister, who is in an assisted living facility and on medicaid, will be getting part of a settlement of a class action suit from the village she lived in before moving to the living facility. Our mom lived with her and got sick drinking the water in their condo and filed with the class action... Read more »

Stephanie Sexauer
Stephanie Sexauer answered on Oct 20, 2018

I'm sorry to hear about this situation. An easy solution might be to spend the money in the months its received an a Medicaid-eligible purchase, such as a prepaid funeral/burial. In this case, as in all cases, you should connect directly with an elder law attorney and discuss the specifics further.... Read more »

2 Answers | Asked in Estate Planning for Illinois on
Q: If I handwrite my will, is that considered a legal document as long as I signed it?
Stephanie Sexauer
Stephanie Sexauer answered on Oct 20, 2018

I agree with Mr. Choudhry.

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2 Answers | Asked in Probate for Illinois on
Q: Question regarding my dad and his bank account. He passed away the 25th of august.

Im next to kin. When I went to get his ashes they also gave me his debit card. We werent talking at the time he died. I highly doubt he has anymore than a few hundred dollars in it, if that. Him and his wife were on a motorcycle and hit a semi head on. Both pronounced dead at the scene. His bank... Read more »

Stephanie Sexauer
Stephanie Sexauer answered on Oct 20, 2018

If dad passed without owning real property and the assets total less than $100,000.00, it's possible you can use what's called a small estate affidavit to pass the property. Please note, if you use one, you'd be swearing by penalty of perjury as to its contents, which you might not have a grasp on... Read more »

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1 Answer | Asked in Estate Planning for Illinois on
Q: If I drafted my will in Montana do I need a new one now that I live in Illinois?
Stephanie Sexauer
Stephanie Sexauer answered on Aug 22, 2018

In my experience, you should. All estate planning documents should be drafted to be specific to the state where you live, by an attorney who knows the laws of Illinois.

You should contact an attorney near you who practices solely in estate law.

Best of luck to you!

1 Answer | Asked in Probate for Illinois on
Q: After four months since publication of notice is up, no challenges or creditors, what happens next? Back to court?

Arizona: Informal probate.

Stephanie Sexauer
Stephanie Sexauer answered on Aug 18, 2018

Hi there,

I hope you feel comfortable with the attorney you've likely hired to assist you in the probate process. I am not an Arizona attorney and can't speak to Arizona law, but in Illinois, we have a 6 month creditor/claims time period. Very little happens in that time; we simply wait...
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1 Answer | Asked in Probate for Illinois on
Q: I've heard certain estates are exempted from probate. How do I know if mine does too?
Stephanie Sexauer
Stephanie Sexauer answered on May 18, 2018

Generally, estates are subject to probate in Illinois if there is more than $100,000.00 or the person owned real estate. If there's no real estate, or the amount of other assets is less than $100,000.00, a document called a Small Estate Affidavit can be used.

However, some people choose to...
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1 Answer | Asked in Probate for Illinois on
Q: Do heirs have rights to any paperworks receipts,etc of an estate? Brother/I being refused info by attorney & executor

No affv., no letters of office, refusal of copy of anything ive supposed to have signed, executor getting early advances for personal reasons without heirs knowing, and others heirs being refused advances, heirs being blocked from clio portals from seeing whats going on or info being sent to... Read more »

Stephanie Sexauer
Stephanie Sexauer answered on May 14, 2018

You should be able to consult with the executor and his/her attorney. Alternatively, you can go to the court clerk's office and request to look at the file yourself. Additionally, you can hire an attorney whose job it is to advise you of our rights and secure access to information.

1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: Is there laws for treatment of patients in a rehabilitation center

A family memeber has been left soiled and fell off the bed we were never told we found out from another patient who had to get aCNA to help them we have a lot of documentation (pictures) of things that should not be done or should have been done and were not

Stephanie Sexauer
Stephanie Sexauer answered on May 10, 2018

That is not right and should never have happened. I'm sorry to hear it did. Please feel free to call me to further discuss (Stephanie Sexauer 312-300-4743).

2 Answers | Asked in Estate Planning for Illinois on
Q: How do you make allowances for pets in your estate plan?
Stephanie Sexauer
Stephanie Sexauer answered on May 4, 2018

This can be done using what's called a pet trust! It can either be a stand alone document, in your trust, or referenced in your will to be created upon your death.

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3 Answers | Asked in Real Estate Law and Probate for Illinois on
Q: Mom lived, died & will filed in IL. She was sole owner of property (IN). Do I file probate in IL? How do I get tiltle?

Property less than $50K. No real assets in IL. She lived with me.

Stephanie Sexauer
Stephanie Sexauer answered on Apr 12, 2018

Hi there,

Unfortunately, you'll need to file a probate here in Cook County, IL, and what's called an ancillary probate in Indiana. Please feel free to reach out to us if you have any additional questions.

Best,

Stephanie Sexauer

Sexauer Law, P.C....
Read more »

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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: My sister had no other assets, the account jointly owned my name and her name under my social security number.

The bank has stated if the check says or they can cash it but if says and they cannot,

Stephanie Sexauer
Stephanie Sexauer answered on Apr 9, 2018

You may need an attorney to help you, either with probate or what's called a small estate affidavit. It depends on the amount of the check.

1 Answer | Asked in Consumer Law, Estate Planning and Probate for Illinois on
Q: I have a check issued in my name and my deceased sister. I need to cash the check. My sister had no will.
Stephanie Sexauer
Stephanie Sexauer answered on Apr 9, 2018

Depending on the amount of the check, and if your sister had any other assets, you may or may not be able to avoid probate to cash the check. There are other considerations, including heirship and potential creditors.

You should contact a probate attorney in your county.

1 Answer | Asked in Estate Planning for Illinois on
Q: My house and property will be a large proportion of my estate. My children (twins) are my only immediate beneficiaries.

One will be tasked with selling the house and property.How can I make sure that the proceeds are shared equitably upon my passing?

Stephanie Sexauer
Stephanie Sexauer answered on Mar 23, 2018

Hi there,

The best way to strategize your estate plan is likely a simple, revocable trust, though you should call an attorney in your area to have a more thorough evaluation first. You likely want to avoid probate, and a trust will accomplish that.

If you have any questions, please...
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1 Answer | Asked in Estate Planning for Illinois on
Q: Is it illegal for a sibling to obtain a death certificate from a funeral home in Illinois?
Stephanie Sexauer
Stephanie Sexauer answered on Mar 21, 2018

No, a relative should be able to. Please direct your question to an attorney in your area.

Best,

Stephanie Sexauer

*please note that this communication does not constitute legal advice and we do not have an attorney/client relationship

1 Answer | Asked in Estate Planning for Illinois on
Q: If a person dies and they don't designate an executor of their will, will probate get their money and life insurance?
Stephanie Sexauer
Stephanie Sexauer answered on Mar 21, 2018

Hi there,

"Probate" doesn't get anything. In Illinois, if someone dies without a will, trust, beneficiary designations, or joint owners, then yes, if the total assets are over $100,000 or there is real property, the assets will GO THROUGH probate, and yes, probate laws have their own...
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1 Answer | Asked in Estate Planning for Illinois on
Q: If a deceased sibling has stolen funds from a parent, can the sibling's estate be sued to get money back to parent?
Stephanie Sexauer
Stephanie Sexauer answered on Mar 21, 2018

It's possible, but difficult. You should speak with a probate attorney near you who practices in this area regularly in order to ascertain the facts.

If you have any questions, please feel free to call us at (312)300-4743 or email at sms@sexauerlaw.com.

My best,

Stephanie...
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1 Answer | Asked in Probate and Medical Malpractice for Illinois on
Q: can I be denied to be executer of husband estate from probate for a medical malpractice case

my husband and I have been together 11 years. We had a up and down relationship due to his mental health issues. It cause him to be violent at times which caused domestic abuse. He recently passed in a facility and I contacted a lawyer to look into his death because I felt something wasn't right.... Read more »

Stephanie Sexauer
Stephanie Sexauer answered on Mar 20, 2018

Based on what you've said, there seems to be no reason why you couldn't act as the independent administrator. You should contact an attorney who focuses his or her practice on probate, and he or she can also point you in the right direction to find an attorney who can look into your husband's cause... Read more »

2 Answers | Asked in Nursing Home Abuse for Illinois on
Q: What sort of evidence do I need to gather to make a solid claim against my mom's nursing home?
Stephanie Sexauer
Stephanie Sexauer answered on Feb 2, 2018

Hi there,

This answer completely depends on what action or treatment you find to be negligent or abusive. Attorneys who practice in elder law and personal injury should be contacted as soon as possible to learn more in order to help you.

Stephanie Sexauer

(312)300-4743...
Read more »

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