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answered on Mar 21, 2018
Hi there,
"Probate" doesn't get anything. In Illinois, if someone dies without a will, trust, beneficiary designations, or joint owners, then yes, if the total assets are over $100,000 or there is real property, the assets will GO THROUGH probate, and yes, probate laws have... View More 
answered on Mar 21, 2018
It's possible, but difficult. You should speak with a probate attorney near you who practices in this area regularly in order to ascertain the facts.
If you have any questions, please feel free to call us at (312)300-4743 or email at sms@sexauerlaw.com.
My best,... View More
answered on Mar 21, 2018
No, a relative should be able to. Please direct your question to an attorney in your area.
Best,
Stephanie Sexauer
*please note that this communication does not constitute legal advice and we do not have an attorney/client relationship
answered on Mar 21, 2018
Read the trust language.
Most trusts allow them to be amended to make changes.
The house is on the market already do we have 30 days to get out from the day they sell the house or do we have to be out ASAP or how long do we have before we have to get out
answered on Mar 19, 2018
The event at which title to real estate passes from the seller to the buyer is commonly called the closing. The agreement or contract your aunt and a buyer sign will set a date on or before which the closing is to take place. In almost every case, the seller has left the property before the... View More
I have a house in illinois, drivers license, and car registration. Can I keep illinois residency while working in louisiana?
answered on Mar 12, 2018
As a general rule, a person maintains their residence until they leave to establish a new on with the intent of not returning to the former residence to live. If you've moved to Louisiana for 3 months to work, for example, you remain an Illinois resident. On the other hand, if you've... View More
I have messages and witnesses that will say she was going to give me almost 4,400 and now has stopped talking to me and has not sent any money to me. I live in chicago il she lives in evansville in. Is there any way to recover the money she promised me
answered on Mar 5, 2018
Probably not, unless (a)you were named as a beneficiary of the policy, or (b)she agreed to give it to you in exchange for something from you. Since you didn't mention these, it seems they don't apply.
Instead, it sounds like your sister promised to make you a $4,300 gift but... View More
The statement is as follows: To Bill I grant him the right to live in my residence located at 123 Washington St, Washington, Illinois, for as long as he wishes, provided that during such time he shall be responsible for all of the expenses of the home, including insurance, real estate taxes,... View More
answered on Feb 20, 2018
This is not a conventional life estate.
A conventional life estate would allow Bill to rent out the house or allow others to live in it.
Mo was widow. I am only child & executor; assets - 60% (me) and 40% to my children; no other rel. Her house is in Indpls. Less than $100,000 assets, including house.
answered on Feb 8, 2018
The RESIDENCE of the person who has passed determines where probate is appropriate. Whether or not there was a 'visiting when died' or the LENGTH of time there was a visit is not really relevant. The LEGAL RESIDENCE of the deceased is what governs. If it can be argued there is more than... View More
My brother passed away in 2017, he was living with his girlfriend of 20 years. My father was the next of kin and was never called and she made all the decisions. Our family has tried to ask her questions about finances etc but she has shut all of us out....do we have any rights?
answered on Feb 6, 2018
If she did not open an estate, you or you father have a right to open one and be appointed administrator.
As such you have a right to all information concerning your brother.
It may very well be that everything was jointly owned by him and the girlfriend.
If so, there would... View More
answered on Feb 6, 2018
If the money is in a trust, its terms probably control when she gets money from it. If the money is not in a trust, what is the source of the money you're asking about? More information is needed to answer your question.
answered on Jan 27, 2018
Hi there,
In Illinois, if a person passes away without a will or trust, and their assets aren't held jointly or with a payable on death beneficiary, the assets will be split half to surviving spouse and half to their children. If you need assistance with estate planning, you should... View More
My mom born 1925. Her mom, my grama hand made a baptism gown for her, then my uncle wore it in 1928. After that, it was borrowed by other family, but always returned to my grandmother, who an eye on it. Gram died in '85, left the gown to my mom, Our children were born in '88, '91,... View More
answered on Jan 21, 2018
If mother is alive, she can settle it.
Otherwise, you will need proof that she gave up ownership.
My grandmother recently passed away. 2 weeks after funeral I was told there were multiple people on her bank accounts. Knowing that I was the beneficiary and was told she changed that I called bank of America estate unit to ask if I am on any accounts or beneficiary. One lady told me she will... View More
answered on Jan 19, 2018
She seems to have said that she updated your contact information.
That doesn't mean they will contact you.
Looks like they don't show your name on any of her accounts.
I have since Adopted my grandson. Oct. 2017. Should I present this to Probate Judge, If it even matters? Grandson is 15. Disabled.
answered on Jan 18, 2018
If you adopted, the guardianship should have been, or may be considered to be closed.
Did you file an accounting.
Apparently, the bank has money for the child. They can only give it to a guardian appointed by court to safeguard his money.
They don't just give it to the... View More
My father in law recently passed and we had moved in to care for him for the last 3 years to keep him out of a nursing home. My husband took care of him financially and the family farm. Now it is split between him and his sister's who are not wanting to cooperate or agree on decisions. As of... View More
answered on Jan 17, 2018
In Illinois, a spouse, child, parent, or sibling who acts as a caregiver for a Decedent may be entitled to a statutory custodial claim if they've provided intensive care for at least 3 years prior to Decedent's death (and lived in the home). You'd have to make a showing that the... View More
My great grandparents left me and my sister a trust by name it also stated it would be split with any other biological children. My father is claiming he is taking me off since im not his biological child. But he did sign my birth certificate on the day i was born knowing my mom was already... View More
answered on Jan 14, 2018
The answer is going to depend on the exact wording on the trust. It would be unusual for the person creating a trust to give someone else the power to determine who benefits from it.
Does our estate have to be worth a certain amount?
answered on Jan 5, 2018
In Illinois, a living will is a declaration not to be kept alive artificially:
http://midamericalawoffice.com/living-wills/
Your question has to do with will or living trust.
There are pluses and minuses for both:
http://midamericalawoffice.com/moline-rock-island-county-probate/
We heirs at law do not wish to pursue malfeasance by attorney or estranged Aunt (age 87) , but would rather "confidentially" like to appoint a third party to pursue the issues with the court / judge etc. in order to close the existing extended probate case.
Also, if necessary,... View More
answered on Dec 29, 2017
You don't get to "confidentially" pursue the issues with the court. If you think there's a problem, hire an attorney. It is also not clear how you are an "heir at law." Was your estranged aunt married to the deceased uncle? Did your uncle have descendants who survived... View More
I am a stepchild and received an estate heir letter from someone that said they were hired to locate the heirs of my stepmother estate. Why would this make sense if I am not in the will ?
answered on Dec 15, 2017
It makes sense because you would be one of the people who might have information about her nearest relatives
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