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My mother passed away in 2012, my father in 2010. They left their real estate property to me, but since it was underwater I didn't accept ownership. Mailed the keys and a letter stating i was not executor to the mortgage company. Now, years later, the city has summoned me to court to state... View More 
answered on Sep 2, 2017
How did the city tie your name to the property.
That will provide the answer.
answered on Aug 25, 2017
a codicil,or modification, is utilized to change the terms of a will
Also, what would an heir need from an executor to take over said mortgage?
answered on Aug 24, 2017
Do you mean deed the house.
Anyone can make the mortgage payments. The bank doesn't care where the money comes from.
Deceased used credit cards up till death and allowed family members to do the same. Trying to protect those from possible fraud charges.
answered on Aug 23, 2017
When an estate is opened, the Executor must notify all known creditors.
This is in addition to the publication.
answered on Aug 9, 2017
It is not just the signing but also knowing the contents of the will.
Dementia can mean a lot of things.
Safest thing is to have a doctor examine him and state in writing that he is competent to execute a will.
I was the legal guardian of my father before he passed away recently. His home was under contract to sell before he passed. His attorney says a deceasant account needs to be set up with more attorney/court fees-up front to the tune of about $7600 because the guardianship judge will not sign off on... View More
answered on Jul 26, 2017
The problem is that you don't have authority to consummate the sale, since you are no longer the guardian (your powers terminated upon your father's death) and no Administrator or Personal Representative of your father's estate has yet been appointed by a court. You will almost... View More
his creditors are making claims against his "estate". He doesn't have any money beyond a small two figure sum in his checking account. How do I handle this?
answered on Jul 22, 2017
Looks like after expenses there will be nothing to pay the creditors.
You still have to finish probating the estate.
For that money back? It was the deceased persons money, paying for her own funeral, before she passed, then she passed away and her daughter that was on account is now suing her estate (which has no money or assets) for the funeral costs. Is she entitled to this money?
My Aunt was on the account, as a person to pay her bills. She was also the beneficiary on the account. She closed the account 2 days after her death. Then filed a claim to be paid back for the funeral. Is this somethi g that she is entitled to?
answered on Jul 9, 2017
The joint account became hers upon death.
At that point the joint account would no longer exist.
If someone pays a funeral bill, they have priority to get paid from estate.
answered on Jul 7, 2017
Your easiest solution is to ask the lender you intend upon using and have them respond to you in writing.
answered on Jul 6, 2017
In Illinois, the answer is no. It's not a document that in its nature needs to be filed/recorded. However, there may be circumstances where it may become necessary (for example, if someone other than the agent named in the POA petitions the probate court to become the principal's... View More
(1) My three siblings and I just found that our deceased parent and grandparents have unclaimed property in Illinois. Some of this property is dividends, some is funds for liquidated stocks/bonds not surrendered, some is insurance-related, and some is refunds/rebates. Will we pay taxes if we claim... View More
no financial transaction actually occured.
answered on Jun 17, 2017
Deeds don't normally show the consideration.
A token amount such as $10.00 is all that is needed.
Often, there is no consideration.
For example, parents gifting a house to their child.
Any kind my brother also lived with him when he died. Can my brother give me something from dad's house without the girlfriends permission?
answered on Jun 16, 2017
If there is no will, any of his children can go to court to open his estate and be appointed administrator.
After bills are paid his children inherit.
Of course, the girlfriend could claim that some of the items were hers or jointly owned.
If jointly owned, they become hers upon his death.
vs. just giving them the cash outright.
answered on Jun 16, 2017
Trust may be way to go.
Especially if they are not mature enough to handle it.
He has other adult children outside of marriage. We live in Illinois bought a house during the marriage wife name not on mortgage does the house go to wife afer his death
answered on Jun 4, 2017
Double check. Wife name should be on mortgage maybe note the note.
Mortgage has nothing to do with who owns it.
When you buy a house, you get a deed.
The deed says who owns it.
I need an Executor of Estate for my sister who passed away 6 years ago. Need to obtain a car title that has been lost for her car. State of Illinois requires an Executor of Estate in order to obtain a new title. I only have death certificate. She had no will.
answered on May 24, 2017
you do not need to file a probated estate or select an executor. you do need to prepare a small estate affidavit,with a copy of the death certificate and file with the secretary of state
We have the plates even though they have not been registered for years. I have her death certificate. How do we go about getting a title for her car so we can get rid of it?
sister had a lawyer put mom's house in a trust for only her after mom died it was suppose to be split equally. This was done without me knowing anything I never got any info at all of the estate refuses to disclose anything to me what can I do about this ?
answered on May 19, 2017
Unfortunately, this is somewhat common. What you need to do is retain an attorney who routinely practices in Cook County who can view the documents and help you come to an understanding of how to proceed. The lawyer will want to see the trust and view the file of the estate (as it sounds like one... View More
...he then stated the name of the trust as in effect at his death of which he was trustee and of which ......is named as successor trustee. The trustee is his granddaughter btw
answered on May 18, 2017
He left the residuary estate to the trust. The trustee is the caretaker.
The trust spells out who gets what.
If you are mentioned in the trust or are an heir, you are entitled to get a copy of the trust.
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