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Illinois Probate Questions & Answers
0 Answers | Asked in Probate for Illinois on
Q: My grandmother passed away without a will. She has 8 living children. How do i get deed in my name?

One son passed away, has children. One son passed away, no children. One son, don't know his whereabouts. One daughter will be difficult, lives in home. One daughter lives in another state. taxes on home are delinquent, maybe be up for next tax sale. if house goes to tax sale, does it bypass... View More

1 Answer | Asked in Probate for Illinois on
Q: My father passed away 30 years ago. He had no will. Mother has passed away too. How can i be an executor for him.
Anthony M. Avery
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answered on Nov 20, 2024

If no will, no executor. You are not going to administer an estate 30 years after a decedent's death. Whatever you are doing probably needs an IL attorney to search titles and determine heirship.

0 Answers | Asked in Estate Planning and Probate for Illinois on
Q: My sister passed away on January 15, 2023 at 8:45 am and on the same day at 6:30 am I sent Her $2000.00 to her cash app.

From my bank account. I got In touch with cash app over 15 times since her death. They will not return my money. How can I get My money back ? I’m the caregiver of her children as well that money could really help us.

1 Answer | Asked in Tax Law and Probate for Illinois on
Q: My grandparents died in 2004 and the home they owned was left abandoned even though the taxes were being paid up to 2018

I want to acquire the property from my uncle, who holds the deed, but there's a mountain of back taxes and I don't know how to find out whether an additional loan was taken out on the property. Where do I start? What should I be asking, and to whom?

James L. Arrasmith
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answered on Oct 23, 2024

Start by collecting all documents related to the property, including the deed your uncle holds. Visit the local county assessor’s office or their website to review property tax records and identify any outstanding taxes or liens. This will give you a clear picture of the financial obligations... View More

2 Answers | Asked in Real Estate Law, Civil Litigation, Civil Rights and Probate for Illinois on
Q: How can I ask for executor of estate bcuz of brother dying intestate have to help pay for me to relocate ..

Brother has filed an claim for ejectment and wants me to leave my place of home .I hv lived on this property for ten yrs and held primary resident holder continuously I also paid the deceased 5000 dollars in August of 22 for the 2 acres I occupy of the 48.3 total acres of property that I have... View More

Anthony M. Avery
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answered on Oct 21, 2024

Receipt is not a deed, and sounds like rent. If you are also an heir, then counterclaim for a Sale For Partition.

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1 Answer | Asked in Probate for Illinois on
Q: I am going through probate and have opened a bank account. My lawyer wants to control the checkbook. Is that usual?

I am administrator. I am responsible for what goes in and out of the bank account.

Nina Whitehurst
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answered on Jun 8, 2024

The lawyer is doing that to help keep you out of trouble. It means one less thing you have to worry about. You should take your attorney up on that generous offer.

I myself am seriously thinking about implementing such a requirement in my own practice because too many clients do not want...
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1 Answer | Asked in Contracts, Estate Planning and Probate for Illinois on
Q: I have a loan, the loaner passed away. Beneficiary is handing his estate and now want the checks made out to them.

I have a loan contract that the loaner passed away a few months ago. The person handling the estate just informed me that they are having issues cashing my checks that are made out to the deceased name. Now they want me to write the checks in their name going forward. They did not open a bank... View More

Nina Whitehurst
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answered on Apr 3, 2024

It is very perilous for you to do what they are asking! What if they are lying about who the proper heir(s) is/are? You could give them a lot of money and then when the proper heirs come along you have to pay the real heirs all over again. Don't do it!

Keep making the checks payable...
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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: My brother died homeless in MI, without a Will. What MI papers do I file with IL unclaimed property to collect as heir.

The deceased never collected the Annuity left to him by our Mother. It was sent to IL Unclaimed Cash.

T. Augustus Claus
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answered on Feb 15, 2024

To claim the annuity left by your mother to your deceased brother, who died intestate (without a Will) and homeless in Michigan, as an heir through the Illinois unclaimed property, you will likely need to obtain a declaration of heirship or a similar court order from Michigan proving your status as... View More

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: If you are a beneficiary in your fathers will and your mother is alive and the executor of the will, how does it work

How will I know what I am to inherit

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 13, 2024

The original will is required to be filed with the Court in the County where the decedent lived. You can look at the will after it is filed and read the provisions. Assuming assets in excess of $100,000 or an estate with real estate (no real estate passes through probate if it was in joint title),... View More

2 Answers | Asked in Estate Planning and Probate for Illinois on
Q: My spouse has 2 ex wives, 0 kids, and NO WILL! Home is paid off.Should he pass away how will the estate be settled?

We do not have any joint accounts, my name is technically on nothing, and ,because of his past issues with his former spouses, he trusts no one, so I am pretty much standing at the window looking in.

When we talk about it his statement is. “ You’re my wife. You’ll get it all. Case closed.”

Charles E. Hutchinson
Charles E. Hutchinson
answered on Jan 4, 2024

At the time of his passing, and there is no will, he is considered to have died "intestate". If he is a resident of the state of Illinois, the Illinois statute regarding intestate distribution will apply. Your situation falls under paragraph (c). (Ex-wives/husbands do not take under... View More

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2 Answers | Asked in Family Law and Probate for Illinois on
Q: Beneficiary Rights to Mothers Estate, information is not being shared by Executor.

It appears that the Executor

is not being fair or impartial and it is not in the best interest of the beneficiary, my mom. I believe my grandma’s estate is being mis-managed. We would appreciate some guidance on what we, as a family, can do for my mom. Please let me know if you need... View More

Cheryl Powell
Cheryl Powell
answered on Dec 14, 2023

The first thing is that there are timelines. Was there a will? If so, it should be filed within 30 days of death. And an inventory should be filed 60 days after the will was admitted to probate. Has your mother received an inventory?

Timeliness are not as strict if there was no will.

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1 Answer | Asked in Probate for Illinois on
Q: If i set up a consultation for me and my uncle to talk to a lawyer and my uncle showed up and I didnt because I was busy

And my uncle told me what they was talking about and I decided differently and told the lawyer we decided to not use him and my uncle uses him is that a conflict of interest

Anthony M. Avery
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answered on Dec 12, 2023

No unless you become a Defendant Party.

1 Answer | Asked in Family Law, Elder Law and Probate for Illinois on
Q: Can you help me find out what happend my Mother ?

I'm retired, and handicapped, living in Florida. Her granddaughter found her obituary on line this week. My mother passed away Sept. 8. She passed away in Great Lakes. None of the family was notified. I can't find out where her personal belongings are or even where she died. The police in... View More

Cheryl Powell
Cheryl Powell
answered on Nov 9, 2023

I found the obit. Did you call the funeral home at Seguin and Symonds Funeral Home in Highwood? Somebody paid for the funeral. I am guessing that she got married to someone who lived in Great Lakes. The funeral home usually puts people in touch with each other.

1 Answer | Asked in Probate and Wrongful Death for Illinois on
Q: I have a question about distribution of a wrongful death settlement to heirs once the amount enters probate.

The probate attorney for the special administration of the estate stated the wrongful death settlement amount per heir is based upon each of the heirs "relationship" with the deceased. Therefore if one sibling had a closer relationship they would get a larger share. I don't believe... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Nov 7, 2023

Assuming you are talking about Illinois probate law, if there is not will then the distribution is by statute and the governing statute is pretty straightforward and clear. It does not talk about the relative dependency of any heir. Good luck.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Father is on ventilator and unsure if there’s a will. His older sister is taking titles and other things out of his home

I know me and siblings are beneficiaries from his job he worked is all

Timothy S O'Brien
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answered on Nov 10, 2023

Sorry to hear about your father. First, I presume since he is on a ventilator, he is not conscious or competent to answer questions about whether he has a will or not. Second, as long as he does not have a spouse (who is currently alive and to whom he is currently married), you and your siblings... View More

2 Answers | Asked in Probate for Illinois on
Q: my husband passed away in Florida on 8/4/23 . I live in Illinois . He has a bank account with Chase bank in Florida ,

w/o court proceedings , how do i retrieve his acct

John Michael Frick
John Michael Frick
answered on Aug 25, 2023

Unless the account has a POD (which it should), you will likely need a court proceeding to access the account if it is solely in his name.

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1 Answer | Asked in Probate for Illinois on
Q: Half siblings are suing for deceased dads house from ex-wife. I want no part of it. Can I be taken off the lawsuit?

I had a nearly non-existent relationship with father. He was a sperm donor. Left my mom and went to KY where he had another new family with 3 kids. Dad and 3rd wife divorced years ago and house went to her, since it was hers anyways before they married. She didn't get around to putting it... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Aug 22, 2023

As I understand your fact pattern, it does not sound like you actually authorized anyone to bring a claim on your behalf for any part of the house. If this is correct, then you don't need to do anything. No one can file a claim on your behalf without your express permission. If there is an... View More

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: What do I need to file to have my minor sons estate money put in a trust before he turns 18 ?

Me and my ex wife won a lump sum from a settlement from a malpractice suit our son received his amount and is not available until he is 18. Is there a trust I can have his money put in so when he turns 18 he will get a small portion amount or being able to withdraw funds for college if he decides... View More

Jeffrey Li
Jeffrey Li
answered on Jul 13, 2023

Sounds like the settlement proceeds for your son were placed only a restricted bank account. The better choice would have been to place the money in a structured settlement, which the money could have been paid out in portion throughout time. You will need to consult with an attorney in your area... View More

2 Answers | Asked in Estate Planning and Probate for Illinois on
Q: Hi there. I was forced by my brother to sign something that closed my late mother's estate. Is there anyway to reopen it

The legal document stated that id been given the full inventory list/asset list and that he forced me to sign it and said that I wasn't allowed to look at that paper bc I didn't have a lawyer. Is there anyway someone could help me? I feel like he screwed me out of my share or my full... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jun 21, 2023

In Illinois petitions to reopen an estate are governed by 755 ILSC 5/24-9. Estates may be reopened to permit the administration of a newly discovered asset or to permit the administration of an unsettled portion of the estate. The petition may be filed by any interested person. You will need to... View More

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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Im 20 years old, My grandparents passed away about 2 years ago and left no will. My mom doesn’t take care of the bills.

My mom has not reported my moms death or put the house under her name and I’m wondering if I can inherit it.

Michael Goldberg
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Michael Goldberg
answered on Jun 6, 2023

If your grandparents did not have a will, the default inheritance rules of the State of Illinois apply. Under the default inheritance rules, the first in line to inherit are the spouse and children of the decedent. Grandchildren would only inherit assets if their parent (the child of the decedent)... View More

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