If there is no estate opened, no one will have the authority to file his tax return.

Sometimes, if no one files a return, the IRS files one for them.

From the sound of it this is going to be closed out with no one doing anything.

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.

Yes, but it may be less than 'avoiding' probate. There is no 'one size fits all' solution. I have seen many people spend 5000-7500 and more on 'avoiding' probate when going through probate properly would only cost a few hundred. Talk with an experienced local estate... 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

Because of the resistance being made the only way to legally move this girlfriend out of the way is to open a probate estate and have yourself or a family member appointed administrator of the estate. That way you will have the court's authority to take possession of your dad's property,... View More

If there is no will, an adult child can file a petition for independent administration. Talk to a lawyer about it.

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.

I am sorry to hear of your loss (I assume last year).... There are gaps in what you've posted that make it impossible to answer this question definitively, but IN GENERAL heirs are not responsible for the debts of the estate unless they WANT to take responsibility for them.

You are... View More

If your Uncle did not own real estate in more than one state, you probably only need one lawyer -- in your Uncle's state. That is, if a probate is even necessary. The attorney can usually be appointed as your agent and have you appointed Personal Representative even though you live out of... View More

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.

As a surviving joint tenancy, your mother became the 100% absolute owner upon the death of her mother.

In order to transfer the property, you will need to prepare an executors deed conveying the property from your mothers estate to whoever the will directs or your mother's heirs.

Yes, you can certainly be compensated by the estate based on a couple of different legal theories. Are you compensated for taking care of them in the will? In any event, I would highly recommend consulting with an attorney individually immediately, as there are very strict time and notice... View More

The answer to your question depends on numerous facts that are not provided here, such as the nature of the insurance money, the age of the children, and your relationship with the children to name a few. I would recommend organizing all information relevant to this situation, and consult with an... View More

In short, the answer depends on the terms of your Cohabitation Agreement, as well as State and local laws relating to how much notice is required to evict a tenant (f that is even applicable in this case). As a baseline, generally an unwritten tenancy is deemed to be "at suffrage" and... View More

Land trust has a trustee and one or more beneficiaries.

What does the trust say as to who is the beneficiary.

It it's you, then you own the house and the siblings have nothing to do with it.

If the house has to be probated, you have a claim for taking care of your... View More

Does the son have a wife or kids? They would inherit if there are any. If there aren't any predecessors then father would take because they are still both the parents to the son whether or not they are still together.

This varies from state to state and I don't know the answer in Illinois. In Nevada where I practice if the personal representative needs a bond, that can be avoided by using the attorney's trust account, so if that were also the case in Illinois, saving the cost of a bond might offset... View More

it depends. if your husband had other assets valued over $100,000 or real estate, then it will have to be probated. If he did not own real estate and the value is less than $100,000, then you can do a small estate affidavit.

According to the Illinois Probate Act, you may have rights under 755 ILCS 5/6-1, which states in part:

Sec. 6-1. Duty to file will - altering, destroying or secreting.

(a) Immediately upon the death of the testator any person who has the testator's will in his possession shall... View More

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answered on Jul 20, 2011

If you are in Cook County, ccp0315 which you can find at the Cook County Court Clerk's web site. If you are not in Cook County, use that as a template.