Get free answers to your Probate legal questions from lawyers in your area.
Can u continue to keep investments and annuities open after the persons death? The estate is still paying taxes on her investments and she is dead almost 5 years. Trust states estate to be finalized within one year of death
answered on Jul 9, 2018
Trusts and Probate Estates are two different things.
In a trust, there is a trustee who carries out the provisions of the trust. If you don't have a copy, you need to get one to see if she is carrying out the provisions of the trust.
If the deceased had assets which were not in... View More
answered on Jul 5, 2018
When someone dies without a will, there is a pecking order of who can be appointed to administer the estate.
Husband and then children are at the top of the list.
There are restrictions on who can act as administrator.
The house is part of her estate.
After... View More
No one is on the bank acct. but My Father. She is his ex wife but we have no papers to prove that.
answered on Jun 14, 2018
If your brother is the executor he needs to file the necessary paperwork with the Court in the County where your father resided at the time of his death. That being said, there is a significant amount of work that must be put into your father's estate to ensure it is properly handled. You... View More
answered on May 18, 2018
Generally, estates are subject to probate in Illinois if there is more than $100,000.00 or the person owned real estate. If there's no real estate, or the amount of other assets is less than $100,000.00, a document called a Small Estate Affidavit can be used.
However, some people... View More
No affv., no letters of office, refusal of copy of anything ive supposed to have signed, executor getting early advances for personal reasons without heirs knowing, and others heirs being refused advances, heirs being blocked from clio portals from seeing whats going on or info being sent to... View More
answered on May 14, 2018
You should be able to consult with the executor and his/her attorney. Alternatively, you can go to the court clerk's office and request to look at the file yourself. Additionally, you can hire an attorney whose job it is to advise you of our rights and secure access to information.
My brother, an attorney, has refused to share any information with my daughter and me regarding my mother's death. She should have had a substantial estate (over 500k) but he moved Mom 10 years ago to Colorado (Douglas Count) and I believe drained all of her accounts, he has filed Chaper 7 and... View More
answered on Apr 16, 2018
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.
Property less than $50K. No real assets in IL. She lived with me.
answered on Apr 12, 2018
Hi there,
Unfortunately, you'll need to file a probate here in Cook County, IL, and what's called an ancillary probate in Indiana. Please feel free to reach out to us if you have any additional questions.
Best,
Stephanie Sexauer
Sexauer Law, P.C.
(312)300-4743
sms@sexauerlaw.com
I was willed a ***house and yard*** from both of my grandparents when they died. My mother was willed that property to have until she dies, whereupon it falls to me. Yet, my mother is trying to give away that house and yard to others in the family behind my back in her will. Are my... View More
answered on Apr 11, 2018
You don't say what kind of property.
Usually a life estate involves real estate.
The bank has stated if the check says or they can cash it but if says and they cannot,
answered on Apr 9, 2018
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.
answered on Apr 9, 2018
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.
I got the ticket while on probation
answered on Apr 7, 2018
Probation? Are you sure you were not on Supervision? Probation is a conviction which means if you get another conviction your license will be suspended. I suggest you or your parents hire an attorney to assist you with this matter because it seems very serious since you say you were on Probation.
Heirs asked to sign and notarize closing document to court saying full distribution has been made when only partial distribution has been made. Document also says heirs have agreed to all attorney charges which is not true. Estate attorney could not account for charges and had to make a 50%... View More
answered on Apr 4, 2018
Final accounting says what will happen to close estate.
If you are satisfied with final attorney fees, fine, otherwise you can ask court to rule on the fees.
Not unusual to have final accounting approved before disbursing the funds.
The receipts are then filed with the court.
Step-dad was not my legal guardian - ever (no adoption).
Step-dad married my mother when I was 12, I left home at 18.
He claims he deserves the back child support because he 'raised me for my childhood'.
Is the child support part of my mother's estate?... View More
answered on Apr 2, 2018
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
They didn't have a Wil.
answered on Mar 27, 2018
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.
my husband and I have been together 11 years. We had a up and down relationship due to his mental health issues. It cause him to be violent at times which caused domestic abuse. He recently passed in a facility and I contacted a lawyer to look into his death because I felt something wasn't... View More
answered on Mar 20, 2018
Based on what you've said, there seems to be no reason why you couldn't act as the independent administrator. You should contact an attorney who focuses his or her practice on probate, and he or she can also point you in the right direction to find an attorney who can look into your... View More
Death certificate and bank would not speak with them. They are only two survivors he was never married and no children. He was on va disability. What do they do to see if he had anything in his account and how do they make sure his account is closed. Please advise he has no estate no car nothing.
answered on Mar 19, 2018
If the only asset is the bank account and it has a small amount of money in it, they can do a small claims affidavit and try to get the bank to release the money.
Otherwise they will have to open an estate in probate court.
answered on Mar 18, 2018
You should see a lawyer to determine whether or not a probate action was filed and what your options may be.
My dad has a house and two cars maybe other things as well..im my dads only child ..he did not have a will.. Im a beneficiary on life insurance but there is not a will regarding the home & cars and other things he may have ..my mom is currently on drugs really bad and is not stable to even hold... View More
answered on Mar 12, 2018
You should get a lawyer to sort things out. There's no telling how the house is titled and so on.
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
As a beneficiary along with me. She passed away this morning and is not married, has no kids. Would her portion go to me based on my grandmothers will or would it go to her estate?
answered on Mar 4, 2018
Your grandmother's estate will be distributed according to her will.
If it has usual language, then your aunt's share will go to her estate.
With no children, her heirs are her father and brothers and sisters.
Assuming father is deceased, then it goes equally to... View More
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