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Questions Answered by Charles E. Hutchinson
2 Answers | Asked in Consumer Law, Real Estate Law and Estate Planning for Illinois on
Q: Can they put a lien on my moms house over my deceased dads debt that she didnt agree to?

My dad died in january. Before he died he had roof work done on our house. They lied to him and promised insurance would cover the roofing, but insurance only covered a small amount. My mom now cant afford their 6k bill and kept the 2k check from allstate as well. Now the roofers are threatening a... Read more »

Charles E. Hutchinson
Charles E. Hutchinson answered on Sep 10, 2020

Yes they can. I agree with Robert. In short, the roofer did work on the house. You mother, living there, is benefiting from the work done. The roofer has a valid claim and can put a lien on the home.

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1 Answer | Asked in Estate Planning for Illinois on
Q: I live in Illinois, Im turning 18 in 5 days, when i turn 18 im wanting to go live with my boyfriend in Pennsylvania.

Im going to drive to him, but my car is in my parents name and my phone also that they gave me. if i go to him can they take my stuff from me?

Charles E. Hutchinson
Charles E. Hutchinson answered on Aug 24, 2020

The car and the phone belong to your parents because they are titled under their name. Yes, your parents have total control over their use. These items were not "gifts" but things which your parents own and let you use. If you do take the car and phone and refuse to return them if... Read more »

1 Answer | Asked in Estate Planning for Illinois on
Q: I recieved a check made out to my deceased brother. Can I cash it by signing it in his name and undersigning it in mine?

I am his brother. Also the executor of his will and the only person named in his will.

Charles E. Hutchinson
Charles E. Hutchinson answered on Aug 15, 2020

Typically a bank will not accept that. Signing your brother's name is a forgery. Acting as though your brother has signed the check over to you is a fraud. More important is from whom or where is the check? Does your deceased brother deserve the money? If you take the money, and it turns... Read more »

1 Answer | Asked in Estate Planning for Illinois on
Q: I live in IL. My CA friend wants to make me her power of attorney. How do we go about this?

I cannot travel due to pandemic. How can this be carried out the easiest. She also needs her will revised. Do any attorneys make house calls? She is 92.

Charles E. Hutchinson
Charles E. Hutchinson answered on Jul 20, 2020

Your friend needs to contact a local attorney in California. You do not need to do anything for her to make you her power of attorney or for her to revise her will. That will be handled between her and her attorney who is licensed to practice law in California.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: If I am the appoint administrator of my child’s estate in a lawsuit am I the one who would distribute the money?

I am legally divorce with my husband but we both signed a document appointing me adminIstrator of the estate we are finalizing a lawsuit. Am I the one who distributes the funds to him and our children or who is the one responsible to do that ?

Charles E. Hutchinson
Charles E. Hutchinson answered on Jun 19, 2020

Yes, the administrator of the estate is responsible to ensure the bills are paid, the taxes are paid, the assets are accounted for, any specific gifts are properly distributed, and the remainder of the estate is then distributed per the wishes of the grantor.

There can be co-administrators....
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3 Answers | Asked in Estate Planning and Probate for Illinois on
Q: My husband passed with no will. His children are telling me they want his 2 trucks, motorcycle and trailer?

Do I have any right to the value of these after 30 years of marriage

Charles E. Hutchinson
Charles E. Hutchinson answered on Jun 16, 2020

Under Illinois law, when a married person, who also has children, dies without a will, the estate is divided up by giving the spouse 1/2 of the estate and the other 1/2 of the estate is divided evenly among the children. How the estate is divided is up to the person who will eventually named the... Read more »

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3 Answers | Asked in Estate Planning for Illinois on
Q: My dad passed (no spouse) and in his will left everything to my sister and myself.

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... Read more »

Charles E. Hutchinson
Charles E. Hutchinson answered on Jun 11, 2020

Under the laws of Illinois, a spouse does not have a claim to inheritance, divorce or otherwise. You are not required to distribute your father's estate to your late sister's husband. Sorry for your losses.

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1 Answer | Asked in Estate Planning for Illinois on
Q: Can you disinherit a minor from your will in Illinois?
Charles E. Hutchinson
Charles E. Hutchinson answered on May 19, 2020

A person can make a claim of disinheritance in their will, yes. It must be an act of affirmation - in other words you need to state that you are disinheriting person "X". The disinherited party would still have an opportunity to show cause to a judge as to why they should take of the... Read more »

1 Answer | Asked in Banking and Estate Planning for Illinois on
Q: Can a bank sell a vehicle from an estate sale without entering in the estate auction for everyone to bid?

My mom‘s fiancé recently passed away in September. He had a 2009 Lincoln MKS that I was driving up until two months ago when I took it to the bank for them to put it in the auction with the intention of buying it back. They told me that I had to wait until the auction opened up and bid on the... Read more »

Charles E. Hutchinson
Charles E. Hutchinson answered on May 2, 2020

If you turned title to the car over to the bank, then yes - they own the car and can do with it what they want. Unless you have a written agreement with the bank that obligates them to put the car up for auction so you could bid on the vehicle, the bank had no requirement to do that.

1 Answer | Asked in Estate Planning and Family Law for Illinois on
Q: I have a question about parents cremains. Sister has my moms and I'd like them split along with my dads.

My sister has my moms cremains and I'd would like them split. So my sister and I each have 1/2 and my parents are together. My sister says because she has had the remains at her house because my dad didnt want them at his house when she first passed away that they are hers. Legally do they... Read more »

Charles E. Hutchinson
Charles E. Hutchinson answered on Apr 1, 2020

The easy answer to this is "no", your mother's ashes do not legally belong to your sister. I hope the two of you can work out this matter amicably and not have to take it to court.

1 Answer | Asked in Estate Planning for Illinois on
Q: What happens when a beneficiary on an annuity is deceased? How is his portion distributed If there is a trust?

The annuity is not in the trust but list beneficiaries. The trust designates the deceased portion to go to his children. How can we assure that happens?

Charles E. Hutchinson
Charles E. Hutchinson answered on Mar 30, 2020

Without seeing the annuity itself it is difficult to answer. However, if at the time the payout is made, the payout is made only to the living beneficiaries, there are several options they can take to ensure that the descendants of the deceased beneficiary receive his equal share under the... Read more »

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