South Beloit, IL asked in Estate Planning for Illinois

Q: our son passed away recently but did not have a will. He is umarried but has an 8 year old daughter. His estate is under

$100,000 The bank is holding his account open until any funds due are settled. All money due or collected will be given to his daughter. Do we just list her as 100% on the small estate affidavit? or should I list myself as his father? I want to give all proceeds to her but don't know what my options are. His daughter does live with her mother , but her and my son were never married. The small estate affidavit has me confused. Any help would be appreciated.

Related Topics:
1 Lawyer Answer
Stephanie Sexauer
Stephanie Sexauer
  • Estate Planning Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: Sir, I'm so sorry for your loss. I hope you're all hanging in there.

While you can be the affiant of the Small Estate Affidavit, the only heir of the estate is your granddaughter. Because the amount of money she'll likely receive is over $10,000.00, there will need to be a minor guardianship probate estate opened to receive those funds. The attorney who assists you with this can likely also help you complete the Small Estate Affidavit (there are issues, like claims, that need to be ascertained and contemplated).

I wish you the best of luck!

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.