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answered on May 13, 2020
Powers of attorney are automatically revoked at death. You will most likely need to be appointed executor of his estate by a probate court. However, there is a simpler procedure available if the vale of all of his assets, including house, cars, bank accounts, etc. is less than $100,000. A probate... View More 
I was originally sentenced to 30 months probation, transferred Woodford County to McLean County, then Woodford REVOKED my probation and RESENTENCED me. It seems to me I would be being sentenced TWICE for the same crime. (UNCONTITUTIONALLY). After RESENTENCING, the original sentence ( probation )... View More
answered on Apr 17, 2020
You need to discuss this with the attorney that assisted you with this matter. That attorney will have all of the needed information in order to assist you.
Or do I have to assume the loan first
answered on Apr 14, 2020
A debtor's assets in bankruptcy include property received by bequest, devise or inheritance. Please review section 541 of the bankruptcy code before making any decisions. If you are inheriting the house and there is equity, you need to analyze how that equity is treated if you file for... View More
Living in home with owner since 2014. Verbal agreement to be her caretaker and pay utilities and upkeep of home. All utilities in her name but paid out of my bank account. Notarized letter of residency w/ mine and her signature for schools for my children to attend each year. She passed away... View More
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answered on Apr 13, 2020
According to your own recitation of the facts, the verbal agreement was premised, at least in part, on you being her caretaker. Now that she is deceased, the verbal agreement to stay and serve as her caretaker is ended. You have the option of either vacating or negotiation a rental agreement... View More
My father passed away in February. My sister obtained keys to his house and she is now refusing to provide me with a copy.
answered on Mar 13, 2020
You don't provide enough information for anyone to give you solid advice. Did your father have a will? If he did, who did he leave the house to? Has an estate been opened in your father's name? If so, who is the executor or administrator and what are they doing about this situation? If an... View More
We were planning on getting married on Christmas Eve 2019 but he was hospitalized at the U of I. They were planning on letting him sign the Marriage license application in front of the notary but his youngest adopted daughter called up and threatened to sue the hospital if they did. His condition... View More
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answered on Feb 6, 2020
If he still has capacity it is not too late to make a will. There are steps that can be taken to make a will valid even if he can’t physically sign. But you need to find a local experienced estate planning attorney now. He should be sure to let the attorney know that he is worried about potential... View More
My mother and Grandfather were on the deed to the home. Both passed over 7 years ago. My father-in-law (mother's husband by law) was not on the deed or successor and stayed in the home which was not an issue. He passed 10 months ago and the home is now vacant. My mother wrote her wishes down... View More
answered on Jan 29, 2020
The answer to your question is far too long and complex for this means of communication. Make an appointment with a lawyer who handles estates. Bring all the documents you can find that are related to the situation to the appointment for the lawyer to review.
answered on Jan 20, 2020
In Illinois a will isn't filed until after someone dies. I'd be astounded if the law of Texas is different, but a phone call to a Texas lawyer should yield a reliable answer.
To sign a paper that was typed up and we didn’t do cause it wasn’t the actual will and now it’s a family fight and we don’t no what to do
answered on Dec 26, 2019
If your Great Aunt died with a will - meaning she died testate - then a copy of the will is on file with the clerk of the court. You should go to the probate clerk and ask to see a copy of the file or the will. This will allow you to read the will for yourself and determine if the "paper"... View More
answered on Dec 7, 2019
A judge may ethically enter any order that the judge deems appropriate under the circumstances and matters presented to that judge. From the way you phrased your question, it sounds like the judge abused his or her discretion under the circumstances. When a judge orders you to file an appearance,... View More
My youngest sister is the executor of my parents will. My oldest sister and I are named beneficiaries in the will. Our father is still living. My father and my youngest sister will not provide me with a copy of the will.
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answered on Nov 28, 2019
Wills are private documents. The testator can choose to share copies with whomever he wishes but has no obligation to do so. They do not become public information until the testator passes. Until then they can be amended and replaced as often as the testator wishes as long as he still has... View More
Se has lived there most of her life, and still is currently. We would like to know how we can split the house value and her buy me out. Is there a time limit? and what is probate?
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answered on Nov 6, 2019
Probate is the court-supervised process pursuant to which the titles to assets owned by a decedent are transferred to the decedent's heirs. You said that you and your sister are already on the title to your mother's home, so it sound like your mother's estate has already been... View More
My father's side of the family refuses to talk or do anything in regards to my father's estate and our inheritance.
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answered on Oct 17, 2019
You can hire an attorney and petition the court to appoint you as executor of your father's will if the executor named in the will refuses to do so or is deceased.
Dutch Powers from Grafton, IL was my grandfather, he was part of the asbestos settlement listed above. my sister contacted me about a received check a few years ago and I believe she has been depositing these checks directed to me for her own benefit. I am looking for help to find the truth. she... View More
answered on Oct 2, 2019
Go though the settlement case, research it and call them. If u would like for me to do if for u, I would be happy to.
but had to use the money for things that came up can they sue me for the money
answered on Sep 23, 2019
It depends on who gave you the money and any restrictions that may have been put on it for the spending of it. Additionally, it may depend on what you used the money for-as was it for the benefit of the girls or was it used to buy yourself a piece of jewelry.
I withdrew last names:
Brandon agrees to pay Brooke 20% of actual cash value (ACV) of the
above listed property after all debt (current and unknown) and fees paid relevant to
Marilyn and Mark’s estate and property.
Fees include but are not limited to active... View More
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answered on Aug 20, 2019
What is your question?
Not entitled to house. Owner died. House in probate. Ex wife now trying to claim house because quick claim deed was not filed 4 years ago when divorce was final. Does ex wife have have legal right to take the house?
answered on Jul 18, 2019
This is a question to ask a lawyer licensed to practice in New Hampshire, not Illinois.
answered on May 3, 2019
If you have a legitimate objection, you file an objection with the Probate Court.
Check with the court clerk as to how hearings on your objection are scheduled.
I have no idea what to do at this point any advice would be greatly appreciated thank you
answered on Apr 11, 2019
When someone opens an estate, they have deadlines.
Within 60 days they have to file an inventory.
Within 14 months they have to file an accounting.
If you did not receive these, you should contact the court to find out what is going on.
Even though you are a... View More
His estate went to probate court at the time of his death, 3 years ago. Nothing came from it.
answered on Apr 9, 2019
Illinois statutes contain “Intestacy Laws” that determine who receives a deceased person’s assets in the absence of a valid will. These laws apply only to probate property; as a review, probate property must be distributed by the court and include assets which are owned solely by the deceased... View More
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