Q: Mom lived, died & will filed in IL. She was sole owner of property (IN). Do I file probate in IL? How do I get tiltle?
Property less than $50K. No real assets in IL. She lived with me.
A:
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
A:
This is really an Indiana probate question.
Contact Indiana lawyer to find out what needs to be done.
Real estate is usually handled in whatever county it is located.
It may be that Indiana will require opening an estate in Illinois first.
A:
If she did not own real estate in Illinois but did own real estate in Indiana, you probably only need to file in Indiana. If she had cash or accounts in her sole name in Illinois that you need to distribute to her heirs, you should probably do that via a small estate affidavit or the like before you file anywhere. You might first contact an experienced probate lawyer in your state about whatever other details need to be mopped up in that state before commencing probate in Indiana. Then you can contact a lawyer there to discuss probate in Indiana. You can always get opinions from more than one lawyer and shop around. Many, if not most, offer free initial consultations. Good luck.
PS: My comments here are for general information and are not legal advice on your specific situation nor do they create an attorney-client relationship between us. Contact a lawyer in your state for legal advice.
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