Has the final accounting been filed and or approved by the court.

If yes, then the funds are identified as belonging to the estate.

After you are appointed successor executor, you can request the court to order release of those estate funds to you.

Your state probably provides remedies though the courts if a Trustee is uncooperative. These may include requiring that you be shown the trust and/or removal of a trustee. You will need the help of an experienced Illinois attorney.

If he doesn't have a birth certificate, he will have to prove he is the son.

If there is no will and no spouse, it goes equally to children with the share of any deceased child going to his heirs.

That's just the way it is.

Without any estate planning directives - the answer is no.

Sorry to hear about the passing of your father. If your father quitclaimed the house over to his girlfriend your father no longer owned title to the property when he passed - that is unless you can show the transfer was done under duress, or undue influence, or perhaps maybe even fraud.

If... View More

When someone dies leaving a will, in Illinois whoever has the will is required to "lodge" it with the clerk of court.

The will then is available for review by anyone.

Failure to lodge the will is punishable.

If she is the named executor and fails to open an estate,... View More

In my experience, you should. All estate planning documents should be drafted to be specific to the state where you live, by an attorney who knows the laws of Illinois.

You should contact an attorney near you who practices solely in estate law.

Best of luck to you!

In Illinois trusts are regulated by the Illinois Trusts and Trustees Act (see: 760 ILCS 5/1). There is no statutory provision in the Trusts and Trustees Act that gives the trustee a specific time period in which to provide a copy of the trust to a beneficiary. It also depends on the type of... View More

Yes. To cover the unforeseen.

Sometimes assets are left out of the trust or may not have been put in.

Those are passed through the will.

The will and the life insurance are two separate matters.

No financial planner can tell a client who to list as beneficiaries on life insurance policies.

In New York, the answer would be yes most certainly.

You have to have a basis for objecting to a will.

Probate lawyers are knowledgeable about how and why wills can be contested.

You can set up a trust fund to take care of the pets.

You need to retain an attorney where she died.

The attorney will tell you the procedure for looking up what happened to her assets.

If an estate has not opened, you may be entitled to open it.

If the estate has more than $600.00 in annual gross income, it has to file a 1041 income tax return.

You may need an attorney to help you, either with probate or what's called a small estate affidavit. It depends on the amount of the check.

Depending on the amount of the check, and if your sister had any other assets, you may or may not be able to avoid probate to cash the check. There are other considerations, including heirship and potential creditors.

You should contact a probate attorney in your county.

The money is owed to your mother.

It goes to her estate.

If she had a will, it goes to whoever she designated.

Otherwise to her heirs. Half to husband and half to children.

HOWEVER, the husband is entitled to a widowers allowance off the top and whoever paid the... View More

One or more of the children need to open an estate and probate the assets.

The assets go equally to the children except that if a child predeceased then his or her share goes to his or her children.

Hi there,

The best way to strategize your estate plan is likely a simple, revocable trust, though you should call an attorney in your area to have a more thorough evaluation first. You likely want to avoid probate, and a trust will accomplish that.

If you have any questions, please... View More