Peoria, IL asked in Family Law and Probate for Illinois

Q: What is staute of limitations to file probate claim after I was tricked by my father sibling to retrieve property?

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

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2 Lawyer Answers
Answered
  • Probate Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: 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 perjury, to distribute assets per dad's will and pay off all creditors. In order to gain title to the home, a person may use a bond in lieu of probate, and the title company would be required to insure that transaction. You'll need to speak with a probate (not family law) attorney regarding any potential causes of action.

This is not legal advice and no attorney/client relationship has been formed. More information would be required to give you a factual analysis. You should contact an attorney for more information.

Best of luck to you!

Answered
  • Probate Lawyer
  • Moline, IL
  • Licensed in Illinois

A: Check with the Clerk of Court to see if a will was lodged.

If it wasn't, you can proceed as though he didn't have one.

You can open an estate and request to be appointed administrator.

Then you will have access to all financial information.

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