Chicago, IL asked in Probate for Illinois

Q: If a will has been filed for a deceased person with a home, shouldn't there be a probate case file on record?

I was informed that I was left in my neighbor's will for years of work I'd done for the deceased. One of the family members of the deceased verbally informed my brother that I am to receive a percentage of the home's sale after taxes. The home sold back in August of 2016 but I still have not heard nor have been informed of anything regarding this will. I did a case search online and found that a will had been filed for the deceased back in May 2013 but I'm unable to find any probate case file? ... Also, I noted that the deceased passed away in (May 2012) but the Online Court Record indicates the will was filed in (May of 2013)??? ... Isn't a will supposed to be filed within two weeks of the persons' passing? ... Anyway, it's been nearly 18 months now since the sale of the home with no contact, shouldn't I have been formally informed via written letter of being a beneficiary in the will? ...

Thanks very much for any information or advice regarding this curious inquiry.

Pete

Related Topics:
1 Lawyer Answer
Ray Choudhry
Ray Choudhry
Answered
  • Probate Lawyer
  • Moline, IL
  • Licensed in Illinois

A: If the will was lodged with the court, the first thing to do is get a copy of it and read it.

It may be that the will not probated because there was nothing to probate.

The house may have been in joint tenancy with someone else, in which case it became property of other person and probate was not necessary.

1 user found this answer helpful

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.