Chicago, IL asked in Estate Planning and Probate for Illinois

Q: My mother had no will, does that make my deceased father's will go into effect he died in 2011 she died in 2016

I also have personal belongings, items that my father left me in a gift section in his will, as well as business items to run my business which have been locked up in the house since February. My business and my drivers license are registered at the residence. How can I get these items as my older brother is trying to make it part of the estate and items to be sold as he is executor. I do not have the money for a retainer for an attorney as my business is about out of business due to this.

Related Topics:
1 Lawyer Answer

A: Your father's estate is separate issue.

Probably there was no probate because it was all in joint tenancy and went to widow.

Question now is on mother's estate.

If she owned property then her estate may need to be probated.

Kenneth V Zichi agrees with this answer

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.