Get free answers to your legal questions from lawyers in your area.
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... View More 
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... View More
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... View More
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... View More
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... View More
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!
Arizona: Informal probate.
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... View More
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... View More
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... View More
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.
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
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).
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.
Property less than $50K. No real assets in IL. She lived with me.
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.
(312)300-4743
sms@sexauerlaw.com
The bank has stated if the check says or they can cash it but if says and they cannot,
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.
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.
One will be tasked with selling the house and property.How can I make sure that the proceeds are shared equitably upon my passing?
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... View More
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
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... View More
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,... View More
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... View More
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... View More
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
sms@sexauerlaw.com
answered on Jan 27, 2018
Hi there,
In Illinois, if a person passes away without a will or trust, and their assets aren't held jointly or with a payable on death beneficiary, the assets will be split half to surviving spouse and half to their children. If you need assistance with estate planning, you should... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
