Will - Assets stay in your name and at death distributed as spelled out in the will.

Living Trust - Assets transferred to trust and at death distributed as spelled out in the trust.

Life insurance is paid to beneficiaries and is not part of his estate.

If what he has is worth more than what he owes, then one of you can open an estate and you can buy the house from the estate.

you need to find any old statements,credit cards, utility bills,drivers license,identification card..and the like. you can also prepare and file a small estates affidavit with the state

This is a typical case especially when one of a married couple passes away.

No estate needs to be opened if there are no assets to probate.

Sometimes an estate is opened for the purpose of discovering assets or filing a lawsuit on behalf of the deceased.

It kind of sounds like your interpretation is correct, but without seeing the documents it is impossible to know for sure. You need to consult with a local attorney in the jurisdiction where the estate is being probated. You can probably get a brief consultation to answer this question and provide... View More

Probate involves marshalling assets and making distribution.

There is also a requirement that creditors be given an opportunity to file claims against the estate. The usual time is 6 months.

Sometimes, probate can be avoided through a small estate's affidavit.

There is... View More

In Illinois, to be valid, a will must be in writing and properly signed and witnessed.

So, if there is no written will, then she died intestate.

What is important is to find out how the properties are titled.

That can be done by contacting the recorder of deeds or... View More

Not unless you personally guaranteed a bill such as the one for the funeral.

Just because a person is named as an executor, he or she doesn't have to serve.

This is done by filing a declaration with the court that you refuse to act as executor.

Without more information, your question cannot be answered.

Specifically, is this a large, unsubdivided parcel of land, or is it adjacent lots that make up a larger parcel? If it is a large unsubdivided parcel you would need to obtain a new plat of subdivision describing the area to be... View More

Husband dies. Properties are in his name. You get appointed to administer his estate.

So far, so good.

You spent your money to try to get more out of the real estate.

If there was no will, you as widow get at least one-half plus widows award.

If you spent money to... View More

It is just the lawyer talking about what the law requires. YES you have to wait. The time for waiting varies from state to state (it is 4-5 months in Michigan) but you HAVE to wait before making a 'final' distribution in order to comply with the requirements of satisfying creditors.... View More

The answer to your question depends on specific facts that are not provided here, such as whether or not your mother has a will, the precise terms of the will, and whether or not your mom has a designated power of attorney. If your mother does not have a will or a power of attorney, I would highly... View More

People only inherit after claims against the estate are paid.

In this case, your daughter has a claim against the estate for future support of her son.

Because the child is not yet born it is a little complicated.

She needs to consult with experienced attorneys in parentage... View More

The absence of a realtor is a plus and results in about a 5 to 6% savings for the estate.

If all of the heirs agree to the terms, including the purchaser/executor, each heir will have to sign the purchase contract agreeing to sell the property to the executor and will need to sign the deed... View More

It's the job of the executor to round up the assets, pay the bills and distribute what is left over to legatees and heirs.

For whatever reason he seems to have delayed getting the job done.

He needs to do what the job calls for.

Small Estates Affidavit does not apply because estate is larger than $100,000.00.

The real question is just exactly who is it payable to.

Typically she would have named a beneficiary.

Yes.

http://midamericalawoffice.com/mental-health/

If your brother was competent at the time he signed it, distraught is not a basis to declare it invalid. However, if he is still competent today, he most certainly can terminate the power of attorney. He would need to send a letter certified mail to the person who is the power of attorney now... View More

Yes, you can fire him and demand the return of your retainer. You should put this in a letter to him asking for return of your $800 retainer and stating that you are terminating the relationship. You could also mention that failure promptly to return your retainer will result in your making a... View More

After a person dies, anyone in possession of an original will must lodge it with the Clerk of Court.

So, check there to see if it has been lodged.